If you or someone you know was recently injured in a car accident, you should speak to an attorney as soon as possible. You might be entitled to recover damages to help pay for the numerous expenses of the crash.
Car accidents tend to happen when drivers are not as careful as they should be. They might be speeding, distracted by their phones, or they might disregard signs and traffic lights. In New York, injured drivers are required to have no-fault insurance that covers them regardless of who caused the accident. You may sue for damages only if you show you experienced a serious injury as defined by the law. A lawsuit might be necessary if insurance does not completely cover your damages. We need to present evidence of the accident and the other driver’s negligent behavior to get compensation. Witnesses, photos from the accident scene, video evidence, and other evidence unique to your situation might be important. We need this evidence to establish your damages, including medical costs, property damage, and pain and suffering.
For a free review of your case, call The Martello Law Firm, PLLC at (914) 685-6950 and talk to our car accident attorneys.
How Car Accidents Can Occur Around Spring Valley, NY
A collision on the road might result from any number of risk factors and circumstances. Perhaps one of the leading causes of serious car accidents is speeding. Most drivers are likely guilty of speeding at one time or another. Many people regularly speed 5 to 10 mph over the speed limit. While speeding is certainly common, speeding drivers may be held liable for a crash. High rates of speed make it harder for drivers to brake or swerve. On top of that, the faster vehicles are going, the worse the accident will likely be.
Inattentive or distracted drivers are another extremely common cause of crashes on the road. Perhaps the other driver was talking on the phone or reading a text message when they crashed into you. Maybe they were too busy talking to their passenger to pay attention to the road. Still, maybe the driver was too tired and spaced out or dozed off behind the wheel. Loss of focus on the road is a huge problem and causes many accidents every year.
Another possibility is that the other driver chose to disregard traffic signs or lights. This kind of thing might involve a driver speeding through a light that just turned red because they think they can still make it. It might also involve drivers who ignore yield or stop signs if they think they can get through the intersection before oncoming traffic. This kind of risky driving might leave them legally liable for the accident.
How You Should Get Fair Compensation After a Spring Valley, NY Car Accident
After the car accident, you might be reeling from your injuries and all the chaos of the crash. Making sense of the mess so you can get fair compensation for your damages might be more than you can handle on your own. Our car accident lawyers can help you figure out how to get your damages covered so you can get back to your life.
Insurance Claims
As you can probably guess, many injured drivers file an insurance claim as a first course of action after a crash. In New York, drivers must adhere to no-fault insurance laws and requirements. Under these rules, drivers must carry personal injury protection (PIP) insurance that covers them no matter who caused the crash. Instead of filing a third-party claim with the other driver’s insurance, drivers must first submit a claim through their PIP insurance.
The extent of your PIP coverage depends on what kind of policy you have. Minimum requirements for auto insurance and PIP insurance cover numerous losses and damages. Basic coverage includes medical costs, a portion of lost earnings, up to $25 per day for various other costs, and a $2,000 death benefit if the policyholder passes away, among other coverage.
Generally, lawsuits are not possible unless you experience a serious injury.
Lawsuit
According to I.S.C. Law § 5104(a), drivers in accidents must first file no-fault insurance claims to get their damages covered. If a driver wishes to file a lawsuit against the other driver’s liability coverage, they must first prove that they experienced a “serious injury.” This begs the question, what is a serious injury?
New York law defines a serious injury under I.S.C. Law § 5102(d). Under the law, a serious injury may include a whole host of injuries and conditions, including death, serious scarring or disfigurement, dismemberment, loss of a fetus, loss or permanent limitation of body parts or bodily systems or functions, or any medically determined, non-permanent condition that hinders your ability to do normal daily tasks for at least 90 days out of the 180 days after the crash.
Many people want to file lawsuits because their insurance is insufficient to cover everything. If your insurance has been exhausted, but you have damages that still need to be paid for, talk to our legal team for help.
Evidence to Back Up Your Car Accident Claims in Spring Valley, NY
Evidence to back up your claims and get you the compensation you need and deserve may come in all shapes and sizes. For many cases, witness testimony is crucial. The more people who saw the car accident or have knowledge about the defendant’s negligence, the more witnesses who can testify in court and back up your claims.
A common practice in car accidents is taking pictures and recording videos of the crash, including the vehicles, drivers, and surroundings. Many people take these pictures and videos for insurance purposes. However, these recordings may also make great evidence in the courtroom.
You must get treatment for any injuries immediately after the accident. Even if you think your injuries are not very serious, go to the emergency room immediately. Accurate hospital records can help us prove the extent and severity of your injuries so you do not miss out on damages.
Reach Out to Our Spring Valley, NY Car Accident Lawyers for Assistance
For a free review of your case, call The Martello Law Firm, PLLC at (914) 685-6950 and talk to our car accident attorneys.
