Motor Vehicle Accidents

New York is a “no-fault” state when it comes to auto insurance. This means that in the event of a car accident, each driver’s own insurance company is responsible for covering certain economic losses, regardless of who was at fault for the accident. The no-fault benefits in New York are often referred to as “Personal Injury Protection” (PIP) benefits. The key features of no-fault benefits in New York typically include:

1. Medical Expenses: PIP coverage provides reimbursement for reasonable and necessary medical expenses resulting from injuries sustained in the car accident. This includes hospital bills, doctor visits, surgical procedures, rehabilitation, and other medical treatments.

2. Lost Wages: If the injured person is unable to work due to the accident, PIP coverage can compensate them for a percentage of their lost earnings, subject to certain limitations and time frames.

3. Essential Services: PIP may cover the cost of hiring someone to perform essential services (e.g., housekeeping or childcare) that the injured person cannot perform due to their injuries.

4. Death Benefits: In the tragic event of a fatal car accident, PIP coverage can provide death benefits to the deceased person’s family or dependents. It’s essential to be aware that New York’s no-fault insurance law does have some limitations. For instance: · No-fault benefits typically have a coverage limit, which means they may not fully cover all expenses incurred as a result of the accident.

No-fault benefits do not cover property damage to the vehicles involved in the accident. Property damage is handled separately under liability insurance. · No-fault benefits do not cover non-economic damages such as pain and suffering. To seek compensation for non-economic damages, the injured party would generally need to meet certain thresholds and pursue a personal injury lawsuit against the at-fault driver. Please note that insurance regulations may change over time, so it’s essential to check with The Law Office of Jazmine M. Kendrick, PLLC at 631-397-1327 and we will provide the most up-to-date information about no-fault benefits and auto insurance coverage in the state.

FAQs

While specific questions and answers in motor vehicle personal injury lawsuits may vary based on the details of each case, here are ten frequently asked questions by plaintiffs and corresponding general answers:

Can I file a personal injury lawsuit after a motor vehicle accident?

Yes, if you were injured due to the negligence of another driver in a motor vehicle accident, you may be eligible to file a personal injury lawsuit to seek compensation for your injuries and damages.

What should I do immediately after a car accident to protect my rights?

After a car accident, prioritize your safety and the safety of others involved. Call for medical help if needed, exchange information with other drivers, gather evidence, and contact the police to file a report. It’s essential to seek medical attention, even if you feel fine, as some injuries may not be immediately apparent.

How much compensation am I entitled to receive in a motor vehicle personal injury lawsuit?

The amount of compensation you may be entitled to depends on various factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, and other damages. An experienced attorney can assess your case and provide an estimate of potential compensation.

Can I still file a lawsuit if the accident was partially my fault?

In many states, you can still pursue a personal injury lawsuit even if you were partially at fault for the accident. The legal principle of comparative negligence will determine how your level of fault impacts your potential compensation.

How long do I have to file a personal injury lawsuit after a car accident?

The time limit to file a lawsuit, known as the statute of limitations, varies by jurisdiction. It’s essential to consult with an attorney promptly to ensure you don’t miss the deadline.

Should I speak to the other driver's insurance company without an attorney?

It’s generally best to avoid speaking directly to the other driver’s insurance company without consulting your attorney first. Insurance adjusters may use your statements against you to minimize your claim or deny liability.

How long will it take to settle my motor vehicle personal injury case?

The duration of a personal injury case can vary significantly depending on the complexity of the case, the extent of injuries, and other factors. Some cases settle relatively quickly, while others may take months or even years.

What should I do if the at-fault driver's insurance company offers a settlement?

Before accepting any settlement offer, it’s essential to consult with your attorney. Insurance companies often offer low initial settlements, and your lawyer can help determine if the offer is fair based on the full extent of your injuries and damages.

Can I file a personal injury lawsuit if I was a passenger in the at-fault driver's vehicle?

Yes, as a passenger, you may have the right to file a personal injury lawsuit against the at-fault driver or other liable parties.

What if the at-fault driver is uninsured or underinsured?

If the at-fault driver has insufficient insurance coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may come into play, providing you with compensation for your injuries and damages up to your policy limits.

What if the at-fault driver is uninsured or underinsured?

If the at-fault driver has insufficient insurance coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may come into play, providing you with compensation for your injuries and damages up to your policy limits.

Please note that each case is unique, and it’s crucial to consult with The Law Office of Jazmine M. Kendrick, PLLC at 631-397-1327 so we can provide personalized guidance and representation throughout your motor vehicle personal injury lawsuit.