If you have been injured in an accident, you are undoubtedly dealing with a lot of pain, missed time from work, and extra added expenses such as cleaning services and childcare that you would not need if you were in good physical health.
If you did what you were supposed to do you have filed an insurance claim on this issue. The insurance company should have either accepted or denied your claim. If they have accepted your claim, they probably offered you an amount that you considered too low. Now you must either take the insurance company's paultry offer or hire an attorney to help you get a fair amount. Before you meet with a lawyer, there are a few things you should take into consideration.
New York is a No-Fault State
There are two different kinds of Insurance rules in the United States; fault and no-fault. In a fault state, the person who is responsible for the accident is also responsible for its related bills. In a no-fault state, a person's own insurance company will pay their bills no matter who caused the accident. New York is a no-fault state.
If your insurance company does not want to pay the cost of your medical bills up to the amount for which you were covered, you may have a provable case in court.
If your injuries exceeded the amount of money for which you were covered, and the accident is not your fault, you may be able to sue the negligent driver.
Circumstances Under Which You Can Sue in a No-fault State
New York has been a no-fault state ever since 1974. In the early 1970s, a proliferation of personal injury and malpractice suits resulting in very large settlements prompted the government to think of a way for personal injury insurance claims to be handled more effectively. The government of New York wanted to cut down on the strain that personal injury cases created for the court system.
According to attorney Jesse Minc, there are certain exceptions to the no-fault rule. If your accident resulted in facial disfigurement, permanent physical limitations, or a disability that lasted for 90 days or longer, you might be able to sue.
Did you collect your evidence?
Whenever you have an accident, you should get the names and numbers of any witnesses and the contact information of the other driver. You should also ask for a copy of the police report.
You should obtain a copy of every doctor’s bill that you have. You will also need a copy of the medical report from each doctor’s appointment or treatment that you had. Receipts for things like prescription drugs and cleaning services that you require are also helpful.
Talk to a Lawyer
A personal injury attorney will be the best person to ask if you have a case. Consultations with attorneys are generally free. A personal injury attorney will normally work on a contingency basis, so they will only get money if you do.
Having an accident is very painful, and if you have Insurance, you should get the money that you need to pay your bills. Knowing what to expect and having the assistance of an attorney can help you get the compensation you deserve.
Authoritative sources:
https://pixabay.com/photos/young-woman-workspace-working-girl-791849/
https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault/reg83_brief_history#:~:text=The%20Comprehensive%20Motor%20Vehicle%20Insurance,result%20of%20an%20auto%20accident.
This is a guest blog entry.
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