Car accidents are all too common and are closely related to considerable losses. Because New York employs a no-fault insurance system, your car accident claim will be covered by your own provider unless you suffer serious injuries as a result of the other driver’s negligence. Protect your rights and your rightful compensation by consulting with an experienced Albany car accident attorney today.
How New York’s No-Fault System Works
Motorists in New York are required to carry no-fault insurance that covers them in the event of a car accident, which means that fault doesn’t play a role in the claims process. This helps to resolve car accident claims more efficiently, but it means that drivers are only covered for economic damages, including lost income and medical expenses. Pain and suffering, which is a form of noneconomic damage that can be very significant, isn’t covered.
You can, however, seek more comprehensive compensation by filing a claim against the at-fault driver’s policy if your total economic damages exceed $50,000 or you suffer an injury that is considered serious. Examples include:
- A broken or fractured bone
- The loss of a fetus
- Dismemberment
- Losses related to a bodily organ, function, or system
- Disfigurement
The Other Driver’s Negligence
If you’ve been seriously injured and are filing a claim against the other driver involved, you’ll need to prove their negligence in the matter. Common examples include:
- Failing to follow traffic rules, such as speeding or failing to yield the right of way
- Driving while intoxicated
- Driving while distracted
- Driving under the influence of exhaustion
- Driving aggressively
Your focused car accident attorney has the legal insight and resources to gather the evidence necessary to resolve your claim favorably.
Bringing a Strong Claim
If you’re filing a claim against another driver’s coverage, it’s important to keep the statute of limitations in mind. If you ultimately need to bring a lawsuit against them, you have only three years to do so. Building a strong car accident claim is complex and involves gathering the evidence necessary to prove the other driver’s negligence and to prove the full extent of your losses, including:
- The police report
- Photos and videos captured at the accident site
- Footage from dash-cams and onsite security cameras
- Physical evidence from the accident site
- Eyewitness testimony
- The testimony of expert witnesses with relevant expertise
- Accident recreation models
- Your related medical records and bills
- Your doctor’s analysis of your condition and prognosis
FAQs
What if I can’t afford an attorney?
Car accident attorneys generally work on contingency, which means they don’t get paid their prearranged percentage of the compensation until the case is successfully resolved.
Am I required to hire an attorney?
In order to bring your strongest claim and to fully recover for your losses, you are well advised to have a seasoned car accident attorney on your side.
How do I know if I have a strong claim?
The first order of business is consulting with a trusted car accident attorney who will determine the strength of your claim and will guide you on the best path forward.
Don’t Wait to Consult with an Experienced Albany Car Accident Attorney
The highly experienced Albany car accident attorneys at Steve Foley Law Firm focus their practice on skillfully guiding challenging cases like yours toward beneficial conclusions that support our clients’ fullest recoveries. Contact us online or call us at 716-249-2222 for more information today.