New York employs a “no-fault” insurance system, which means that if you have been involved in a car accident, you must file a claim with your own insurance provider rather than with the at-fault driver’s insurance company. This is meant to expedite the claims process, and get you the money you need for your medical bills, lost wages, and certain other expenses, as quickly as possible.
While the “no-fault” system has certain advantages, it can make it difficult to get compensation for everything you have suffered at the hands of a negligent driver. However, if you were severely injured, you may still be able to file a claim against the driver who hurt you – provided that your injuries are considered “serious” under New York’s state laws.
This system is complicated, but The Mendel Law Firm is here to help. First, we can review your case and determine if your injuries fall under the state’s serious threshold. Next, we can gather the medical documentation needed to support your personal injury claim. Finally, we can file a claim against the responsible party, and get you the full extent of the compensation you deserve. If you need money after a serious accident, contact an experienced New York personal injury attorney at The Mendel Law Firm today.
What Does No-Fault Mean?
New York is one of a handful of states that follows some form of the no-fault system regarding car accidents. In no-fault states, compensation for accidents is generally paid out by the victim’s own insurance company. This means that if you were injured in a car accident, you would file a claim with your own insurance company, which would be responsible for paying for the majority of your medical expenses and lost income.
However, victims who have suffered certain severe injuries can still file third-party claims or lawsuits against at-fault drivers. This threshold is generally known as “serious bodily injuries.” Third-party claims also allow victims to receive compensation for their damaged property.
What Does New York Consider a Serious Injury?
To file a third-party claim in New York, you must have suffered one of the following injuries, which the state has designated as “serious:”
- Bone fracture
- Significant disfigurement
- A significant limitation of a body system or bodily function
- Permanent limitations to a body organ or limb
- Full disability for at least 90 days
It is important to have an attorney on your side if you pursue a third-party claim against an at-fault individual. You will need medical files documenting the extent of your injuries and how they impact your life, as well as evidence that establishes liability for the accident and shows how the other person is at fault.
Contact a Personal Injury Attorney Today
If you were injured in a car accident caused by another driver, a skilled New York personal injury lawyer can determine if you are eligible to file a third-party accident claim against the responsible party. The team at The Mandel Law Firm, can review your case and tell you if your injuries meet the “serious” threshold established by the State of New York. We can also help you file a claim or lawsuit, hold the at-fault person responsible, and receive the compensation that you deserve.
Do you still have questions? Contact a knowledgeable New York car accident lawyer with The Mendel Law Firm today. An initial consultation is completely free and can help you understand your options for pursuing the money you need for expenses not covered by your own insurance policy.