No-fault benefits, lost earnings, and your medical bills
New York State has a no-fault insurance law that enables car accident victims to receive prompt payment for medical treatment and lost wages. In a no-fault system, each driver carries insurance to cover expenses if the driver is in an accident. In theory, this lowers car insurance premiums by reducing the amount of litigation between insurance companies over which driver caused the accident. In practice, it resulted in a litigation spike between NY car accident lawyers' clients insured drivers and their own insurance carriers over unpaid or underpaid benefits.
Sometimes drivers accidently allow their insurance coverage to lapse, or simply cannot afford insurance in this difficult economy. Under New York’s no-fault insurance system, you are prevented from facing fines, the loss of a license, or the loss of valuable assets with the representation of an accident lawyer.
Work with an experienced NY car accident attorney right from the start
Your first concern after a car accident is making sure any injured parties, including yourself, get medical treatment. However as soon as possible, it is crucial to take immediate steps to protect your rights. If you are in a serious auto accident, the experienced and aggressive lawyers at Barasch McGarry Salzman & Penson, PC can help.
In New York, you have 30 days to notify your no fault-insurer of the car accident, including details including date, time, location, other parties involved, and the circumstances of the accident. If you were a passenger in another vehicle in the accident, the same rule applies: you have 30 days to notify the insurance carrier of the car owner.
Insurance company's function like any other business: they want to maximize their profits. This often means they happily take your premium payments for months and years, but once an accident occurs, they do everything they can to avoid paying your full no-fault benefits, or even paying you at all. If you work with a NY car accident lawyer from the beginning, you signal the insurance company that you take the situation seriously and expect him or her to live up to his or her contractual obligations.
NY automobile accident attorneys can help you document the extent of your lost earnings and medical expenses. Basic no-fault insurance in New York covers certain economic losses—including medical expenses, 80 percent of lost wages up to $2,000/month, and other reasonable expenses related to the accident—up to $50,000 per person.
If your injuries are so severe that $50,000 is not nearly enough, you may have crossed the serious injury threshold, which allows you to sue the other driver for damages despite the general prohibition on that sort of lawsuit under a no-fault insurance regimen. A lawyer can assess your injuries, analyze the insurance coverage and assets of the defendant, and help determine if a lawsuit against the party responsible for your accident makes sense.
Work with skilled, compassionate car accident lawyers in NY
If you or a loved one is injured in a car accident in New York, Barasch McGarry Salzman & Penson, PC, Attorneys at Law, can help. We have nearly 100 years of combined experience helping injured New Yorkers get the compensation they deserve.
Call us at 212.385.8000 (toll-free), contact us online, or visit our conveniently located Manhattan offices for a free, no-obligation consultation with an experienced and knowledgeable NY auto accident lawyer.