New York is a no-fault state when it comes to car accident insurance claims. That is why if you have been injured in a car accident in New York, you will have to seek compensation under your insurance company directly. It is also known as a ‘’first-party claim’’. There are some aspects of car accident insurance claims that are typical to New York.
1. Pursuing A Lawsuit After A Car Accident
New York is a no-fault state, it is uncommon for car accident victims to file a lawsuit. But it can be done. There are however certain clauses for it. For instance, you are eligible to file a lawsuit in case of disfigurement, permanent or temporary disability. This has to be filed against the driver who was responsible for the accident.
It is important to make sure that the state of limitations is maintained, which means the time within which you can sue.
2. Are You Partially At Fault?
If you know that you have been partially at fault in a car accident and that it can be proven in court, you have to go through a different route. There is a ‘’comparative fault’’ which means that the recovered compensation will be awarded to you based on the percentage of fault that you hold in causing the car accident.
This means that if you have got compensation of $1000, you will be able to recover only $800 if your percentage of fault is found to be 20%. This is the reason it is so crucial to have an expert car accident lawyer by your side so that you end up getting the maximum compensation possible for your case.
3. Never Go For Minimum Insurance Requirements
Too many people make the mistake of just having the minimum insurance requirements fulfilled. But many times it is found that the compensation is not enough to cover the medical bills of the injured party.
What happens next is that medical bills are paid straight out of pocket, which can cause serious problems with one’s finances. That is why it is best to have a thorough check of the insurance policy. If it is found to just cover the basics, steps should be taken to get all the coverage needed.
4. Collection Of Evidence
After a car accident, it is easy to feel disoriented. But it is also crucial to collect as much evidence of the accident scene as possible. It is very important not to try and move any evidence, but just capture it as it is. This allows you to have a strong case when you file your claim.
It is also good to call the police. This allows you to establish your version of events and also get authorities involved. It will also start the damage process.
As soon as you can, write down an account of everything that happened. Memories fade as days go by, and hence doing this as early as possible will allow you to remember everything later on.
To make sure that a car accident insurance claim in New York goes in your favor, it is important that you hire legal aid as soon as possible.