Category: Law

As your accident lawyer in New York, we understand that a car accident can be a life-changing event. Following the accident, when the bills and lost income pile up, you would want to seek compensation for your injuries. In New York, when you meet with a car accident, you can claim compensation through your insurance policies. However, when the accident is serious and your injuries are significant, your insurance policy and no-fault benefits may not be enough. That being the case, the team at Alex Yadgarov & Associates will be looking at situations where no-fault benefits may not be enough and what you can do to pursue additional compensation.

What are the limits of no-fault benefits? 

When you are injured in a car accident in New York, the compensation for the accident is first handled through insurance. Under your Personal Injury Protection (PIP) coverage, you can claim compensation for medical costs, about 80% of lost income, and other relevant expenses. As New York is a no-fault state, a person is entitled to this compensation, no matter their fault in the accident. 

In New York, your PIP coverage is limited to $50,000. At the same time, your PIP insurance will only cover the economic damages we’ve mentioned above. That means you will not be able to claim additional compensation for non-economic damages such as pain and suffering and emotional distress.

When do no-fault benefits fall short?

As we’ve mentioned above, no-fault insurance is your first step to compensation. However, there will be situations where no-fault benefits fall short. Here are some of the reasons no-fault compensation can feel underwhelming or not have the desired effect. 

• Low policy limits – The mandatory minimum PIP coverage in New York is $50,000. This amount is rarely sufficient to cover the medical and long-term recovery costs connected to serious crashes. 
• No compensation for non-economic damages—Your PIP coverage will only cover economic damages. You cannot rely on it to compensate you for non-economic damages such as pain and suffering and emotional distress. 
• Limited lost income coverage—While PIP allows you to recover around 80% of your lost earnings, the monthly amount is capped at $2000, making it inadequate for high-income earners affected by the accident. 
• Strict time limits—You must file your insurance claim within 30 days of the accident. Missing this deadline can result in your claim being rejected. 
• Exclusion of certain victims—Motorcycle riders and certain groups of passengers are excluded from no-fault coverage, making them ineligible for a financial lifeline. 

What are your options for compensation beyond no-fault insurance?

When insurance compensation is not enough, you can file a lawsuit to claim additional compensation. In New York, if you want to file a personal injury lawsuit, you must prove that you have suffered a “serious injury” or that your basic economic damages exceed $50,000. Article 51 of New York State Insurance Law defines what counts as a “serious injury,” and as your New York car accident lawyer, we can help you prove it and build your case. 

Through a personal injury lawsuit, you can claim as much as you need, accounting for both economic and non-economic damages. However, keep in mind that this lawsuit must be filed within 3 years of the date of the accident. If you do not file a lawsuit within this time, you will lose the right to claim compensation. 

It is also worth mentioning that if a car accident results in a death, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit on behalf of the family. The statute of limitations gives a time of two years from the date of death to file the lawsuit.

See also: Why Speaking to an Insurance Adjuster Without Legal Advice Can Harm Your Case.

Conclusion

When you are the victim of a serious car accident, you may need to go beyond no-fault benefits to get the compensation you need. In this endeavor, you will need the support of the best car accident lawyer in NYC. Over the years, the team at Alex Yadgarov & Associates has had the privilege of helping thousands of New Yorkers with their car accident claims. We will be at your side from start to finish, fighting the good fight, helping you get the compensation you deserve. Your first step to moving forward begins with Alex Yadgarov & Associates. Get in touch with us today and schedule your free consultation.

When you’ve been injured in a car accident, you will look to your insurance to compensate you for the damages suffered. However, when an insurance adjuster calls to discuss your claim, don’t forget that they don’t always have your best interests at heart. In fact, one of the main objectives of an adjuster is to find ways to reduce your payout. You will be especially vulnerable to insurance tactics if you decide to speak to them without proper legal advice or representation. At Gabriel Law, our team has represented many clients as their New York City auto accident attorney, and we will take this as an opportunity to show why speaking to an insurance adjuster without legal advice can harm your case more than you think.

How can speaking without legal advice hurt your settlement?

When you speak with insurance adjusters without proper legal advice or representation, you are more likely to make mistakes that can hurt your claim. Insurance adjusters will capitalize on these mistakes, applying pressure, forcing you to relent and accept a lesser settlement. Here are some of the reasons why it is dangerous to speak to an insurance adjuster alone. 

• Recorded statements can be used against you—At the start, adjusters will often request you to make a statement for the record about the details of the accident. When you make such a statement, you are limited to its scope and cannot claim further compensation in the event you suffer future medical complications.
• You don’t know what to say and what not to say—When you haven’t had proper legal advice, you may not know what to say, what not to say, and how you should answer a question. Seemingly mistaken or minor inconsistencies in your story can be weaponized against you to destroy your credibility and devalue or deny your claim.
• Falling victim to leading questions—Adjusters are trained to use leading questions to get a favorable response. Even something as simple as “I’m sorry” and “I didn’t see them” can be twisted to suit their narrative and the ultimate goal of reducing your payout. 
• Accepting lowball settlements – At the beginning, insurance adjusters will be quick to offer you a settlement. While it can be enticing, the general rule is that the first offer is far less than what the case is actually worth. Without legal advice, you will not know the true value of your case and accept the settlement on a mistaken belief of fairness. 

How Can You Protect Your Claim? 

The best way to mitigate the dangers of damaging your claim is to speak with an experienced accident lawyer in NYC and get their legal advice on the matter. In truth, if you want to handle the insurance and legal process connected with NYC car accident claims, retaining the services of an NYC car accident attorney is a must. A car accident lawyer in NYC plays a vital role in the following:

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• Offering legal advice and setting expectations in relation to the case. 
• Gathering evidence and building a strong, compelling case. 
• Filing all relevant submissions on time and handling the administrative matters connected to the case. 
• Coaching claimants on how to approach insurance interviews and court proceedings. 
• Negotiating with insurance companies to reach a favorable settlement
• Fighting for your rights in court as your counsel. 

Conclusion

When you’ve been injured in a car accident, the compensation you receive afterward goes a long way to help get your life back on track. However, without proper legal advice, you run the risk of falling victim to the tactics of insurance adjusters and having to walk away with less than what you deserve. At Gabriel Law, we are here to make sure that doesn’t happen. As a personal injury law firm in NYC, we deal with insurance companies on a regular basis and know what it takes to walk away with what you want. Contact us today and get started on the recovery process with a free and confidential consultation.