When New Yorkers are injured in car accidents, they rely on insurance coverage to get them the compensation that they need to deal with the ramifications of their injuries. However, if you do not act quickly to utilize these benefits, you may lose your chance to recover.
To make a valid insurance claim, you must report your accident and injuries to your insurer within 30 days of the accident. Whether or not you submit your claim on time, you may also be able to recover compensation through a lawsuit if your injuries are serious. Lawsuits can get an injury victim more money than an insurance claim, so it is important that you identify whether your accident provides grounds for a case.
At The Carrion Law Firm, we recognize that it can be difficult to deal with the particulars of your recovery while struggling with the difficulties that your injuries cause. You can benefit from the experience and resources of our New York car accident attorneys. For a free case assessment on your first call, contact us today at (718) 841-0083.
What Is the Deadline for Submitting a Car Accident Insurance Claim in New York?
If you hope to receive compensation from your own insurer after a car accident left you injured in New York, you must act quickly. New York requires accident injury victims to report their accident to their insurance company within 30 days of the date of the accident. If you fail to meet this deadline, the insurance company has grounds to deny your claim, leaving you without a source of compensation.
Should You File Your Claim with Your Insurance Company or the Other Driver’s Insurer?
New York is a no-fault insurance state. This means that people must first look to their own insurance coverage after a car accident, even if someone else was responsible for causing the accident. Passengers should file their claim with the insurer that covers the vehicle that they were in at the time of the accident. The only situation in which you should file an insurance claim with the company that covers a different car is if you were a pedestrian and another car hit you.
What Does Your Insurance Cover in New York?
When you file a claim for coverage of your injuries from a car accident, the policy that you will be using is your Personal Injury Protection (PIP) coverage. The policy limits and how they will apply in your case depend on the type of policy that you have. However, every insurer’s PIP policy is required by New York law to carry at least $50,000 in coverage. Below are the legal minimums that each PIP policy must provide in New York:
- “Reasonable and necessary” costs of medical treatment for accident-related injuries
- “Reasonable and necessary” accident-related expenses, up to $25 per day for as long as one year
- At least 80% of lost wages resulting from accident-related injuries, up to $2,000 per month for as long as the injuries prevent you from working for up to three years
Can You Sue the Other Driver After a Car Accident in New York?
Because of New York’s no-fault rules, car accident injury victims can only file a lawsuit against the at-fault driver if they suffer serious injuries. Examples of serious injuries in New York include the following examples:
- Disfigurement
- Loss of limb or bodily function
- Permanent or significant limitation to body function, organ, or limb
- Broken bones
- Substantially full disability for at least 90 days
If your injuries qualify you to step outside the no-fault insurance rules in New York, a lawsuit may be a better path for you to get the recovery that you deserve. Your recovery will not be stifled by your own insurance policy’s limits, and you can recover additional benefits for other consequences of your accident, such as pain and suffering, that are not available through insurance claims.
Can You File an Insurance Claim and a Lawsuit for a Car Accident in New York?
If you have already filed an insurance claim or are worried that your claim will prevent you from filing a lawsuit later, you needn’t worry. Insurance claims are not preventative of lawsuits for car accident injuries in New York.
If you accept benefits from your insurance claim to help pay for costs like medical bills, you should still claim these as damages in your lawsuit. Your insurance company will then claim reimbursement for the benefits that they provided through their coverage of your injuries once you win damages in the lawsuit.
How Long Do You Have to File a Car Accident Lawsuit in New York?
The time limit for filing your car accident lawsuit, which is set by New York’s statute of limitations, lasts for three years from the date of the accident. This period is obviously substantially longer than the one for submitting an insurance claim. However, lawsuits require much more thorough planning and preparation before filing than insurance claims. Before you even realize it, you could be creeping up on your deadline.
Avoid missing the boat on your potential personal injury lawsuit by reaching out to your Brooklyn car accident attorney early on. Your Sunset Park, Brooklyn car accident lawyer can also assist you with filing your insurance claim, communicating with claims adjusters, and estimating likely damages for your case.
What If Your Insurance Company Denies Your Claim in New York?
Unfortunately, car insurance companies deny insured parties’ claims fairly often. There are a number of reasons why an insurer might issue a denial for a claim, and not all of those are fair, valid, or legal. Unfair denials are especially common in situations where the insurer knows that you do not have legal representation. Fortunately, there are options available for you to dispute the denial through the New York State Department of Financial Services. Our Queens car accident attorneys can also take the insurer to court if you can show that the denial was made in bad faith, potentially winning you even more money in court than your claim initially requested.
Get Help with Your Car Accident Insurance Claim or Lawsuit from The Carrion Law Firm
The seasoned Bronx car accident attorneys at The Carrion Law Firm are ready to help you get justice for your injuries. Call us at (718) 841-0083 before your time runs out.