If you suffered injuries in a car accident, you could be entitled to compensation for what happened to you. However, the process of getting that compensation is often not what you might expect, given that we use no-fault rules for car crashes in New York.
Our attorneys can assist you in getting compensation from your own insurance, then fight to get you compensation from the other driver’s insurance. If there are problems with that, we can seek to hold them liable in court and potentially even tap into other coverages on your own insurance policy.
For a free case evaluation, call (914) 685-6950 for a free case evaluation with the car accident lawyers at The Martello Law Firm.
The Process for Getting Compensation in a Car Accident in Lewisboro, NY
In a no-fault system like New York’s, drivers get insurance to cover them after a crash, meaning that their own insurance covers their own damages. However, there comes a point where the injuries are serious enough that you can hold the other driver accountable. This essentially leads to a series of claims and coverages that might kick in to reimburse you for damages like medical care and lost wages.
Vehicle Damage
First, a note on vehicle damage. If you are in an accident with vehicle damage alone, then you usually get coverage from the at-fault driver’s insurance unless you tap into coverages that you might have, such as comprehensive coverage. If you use your insurance, you pay a deductible; if you later make a claim against their insurance, you can often get your deductible back, but your insurance company can get reimbursed for other payments it already expended.
PIP Claim
Personal injury protection (PIP) insurance is the no-fault coverage that NY drivers have to cover their medical bills and lost wages after an accident. It has limits, including a $50,000 cap for most policies, plus payment limits for lost earnings and a deductible you usually need to pay to get coverage. However, it pays you regardless of who caused the accident.
If you accept this money from your own insurance, it is not a settlement, but it is important to still work with a car accident lawyer for a few reasons. First, you should make sure you are using your PIP and not accepting some other insurance settlement that might function as the end of your case. Second, if you accept this money then go after more compensation from the at-fault driver, your insurance company might be entitled to payment for the money they already paid you, in what we call a “subrogation claim.” Lastly, fighting for additional damages not covered here, like pain and suffering, is vital in most cases.
Third-Party Claims and Lawsuits
If a case that you file for yourself or a loved one involves serious injuries – i.e., permanent injuries, disabilities lasting at least 90 of the next 180 days, disfigurement, broken bones, loss of a fetus, or death – then the claim can be brought against the at-fault driver or their insurance. There is otherwise a restriction that a driver can only use their own insurance.
When you file a claim against the at-fault driver’s insurance, you may get the rest of your damages, your deductibles, and your pain and suffering paid without having to go to court. However, the insurance company is not likely to just pay you without a fight, and our attorneys may have to negotiate for a settlement. If they refuse to settle, we can take them to court.
In court, the judge decides the law, and the jury decides the facts, including whether the at-fault driver was legally at fault and how much they owe you. Going to court can force the defendant and their insurance company to pay, even when they do not want to. In many cases, the pressure of a pending lawsuit pushes them to settle for a fair value before your trial date arrives.
UM/UIM Insurance
If the other driver’s insurance is too low to cover your accident or they simply do not have insurance (despite a legal requirement in Lewisboro and throughout New York), then you can often turn to your own insurance again to recover the rest of your damages. Policies for uninsured motorist (UM) and underinsured motorist (UIM) coverage can pay you for what you would have claimed from the at-fault driver. These coverages can also commonly kick in in the case of hit and run crashes where you cannot ID the defendant.
Other At-Fault Parties
Sometimes other parties can also be sued in a lawsuit for additional damages. Typically, parties only cover up to their share of the damages, so if two defendants are 40% and 60% at fault, the 40% defendant would not usually pay more than 40% of your total damages.
This most commonly comes up in cases where multiple drivers were at fault, with each driver’s insurance potentially covering up to policy limits for your damages, basically doubling the available payments for your crash. It also comes up a lot in cases with commercial drivers, as the trucking or transportation company they work for might be held liable for mechanical failures, negligent hiring, and other issues. Employers of drivers who cause crashes during work tasks can also be held liable in place of the individual driver.
Proof of Fault in Car Accident Claims in Lewisboro, NY
To win your case, you usually need proof of what the other driver did and how that puts them at fault. Often, proof of a traffic violation that led to the crash is sufficient, though you can also point to unsafe or unreasonable driving that might not violate a specific law. This means that showing the driver was drunk or ran a red light should win you your case.
The evidence of this fault comes in the form of witness testimony – including your own – documents, photos, records, and other proof of the accident. You also need proof of damages, such as medical records, doctor’s reports, pay stubs, financial records, and your testimony about your pain and suffering.
Call Our Lewisboro, NY Car Accident Lawyers Today
For a free case analysis, call The Martello Law Firm’s car accident attorneys at (914) 685-6950.
