12 states are known as something called “no-fault” states due to mandatory requirements for Personal Injury Protection (PIP) insurance. New York is a state that participates in this law. In the large majority of other states, this is not the case. Generally speaking, the at-fault driver is responsible for the damages caused in a car crash, with their bodily injury liability and property damage liability covering the other driver’s medical expenses and car repairs. This is not the case in New York, where the law is a ‘no-fault”. The extent of liability and pay-outs can widely vary depending on the state and having a lawyer that knows the law is an absolute must.
Do I need a lawyer if I live in a no-fault State?
If you were inured in a car accident in New York, we still recommend hiring an experienced attorney to represent you. Your Personal Injury Protection (PIP) claim is what you must file after the incident occurs, as the PIP claim is what your auto insurance uses to help with the payment of lost wages, medical bills and other damages after a car accident. This can be an incredibly trying time, regardless of who was at fault. Knowing the law is key, as things can become complicated very quickly.
Often times, submitting a claim can feel like a shot in the dark. Did you complete the form right? Should you have given a statement? What if you were at fault? Knowing what to say, or having someone to represent you can be the difference between an unpaid claim and thousands of dollars. We’d like to think that your insurance company will pay for all the damages incurred, but as we often see, insurance companies put their bottom line ahead of the needs of their customers. This is why you need to hire an experienced automobile accident lawyer in New York if you’ve been injured.
The types of damages can vary and always depend on the extent of the crash and the injuries that were suffered. These are the common types of damages that we look for when investigating your case:
- Wrongful death
- Emotional Distress
- Pain and suffering
- Lost wages as a result of the injury
- Compensation for medical bills accrued due to the injury
No-fault auto law
In New York, you must go after the ‘pain and suffering’ category by pursuing that at-fault driver’s insurance. This law was meant to help streamline the process for smaller accidents, as you cannot make a claim for ‘pain and suffering’ with your own car insurance. There are a few requirements that you have to meet when filing for this type of injury, such as substantial disability, disfigurement, bone fracture/breakage, and/or a certain amount reached in medical expenses. For example, if you break your leg in a car accident and it’s not your fault, filing a third-party claim or personal injury lawsuit is a must if you want to obtain all the money you are entitled to. Pain and suffering is not covered in a no-fault claim in New York. Your only option is to bring a claim directly against the at-fault driver.
Auto accident attorney in Astoria, New York
If you’ve been injured in a car accident in New York, contact Argyropoulos and Associates today. Having celebrated over 27 years of legal practice, we have the experience and knowledge needed to help you get every single penny you deserve. Often times, automobile insurers will try to get out of paying for everything that they are accountable for. We can help you detail the full extent of your injuries to help you obtain the maximum payout. We highly recommend that you call a lawyer before you make a statement and start the claim process.