Upholding Your Rights During A Car Accident Claim
Were you in a wreck while driving through New York? If you’ve suffered severe injuries or your car was totaled, then you’ll have to file a claim against the other driver, which is difficult, to say the least. Let Davidoff Law help you understand your legal options and take action in pursuit of fair compensation. Our Brooklyn car accident attorneys are here to help you from start to finish.
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How Long Do You Have To File A Car Accident Claim?
First things first, you need to know if you’re running out of time to file a car accident claim. Here in New York, there is a three-year statute of limitations for personal injury claims, including car accident claims. The statute begins on the date of the crash or when it first becomes obvious that you have been injured, which, in most cases, will be the same date as the collision. When the three-year statute of limitations ends, you cannot file a claim without expecting it to be dismissed by the court.
Suing After A Crash
New York requires drivers to carry personal injury protection (PIP) insurance. After a crash, PIP insurance pays each injured party for medical bills and lost wages, primarily, regardless of who is at fault for causing the crash. This is useful if you know that the accident was partially your fault, such as if you were hit by a drunk driver but you were texting at the time.
PIP insurance in New York does not typically cover damages for:
- Vehicle repairs
- Pain and suffering
- Certain miscellaneous costs
To file a claim against a driver, you must first use your PIP insurance to its cap and you must have suffered a “serious injury.” If you still have outstanding damages, you can then sue the other driver by filing against their auto insurance policy. Importantly, you cannot receive the same type of damage twice. For example, if your PIP insurance covered all of your medical costs, then you can’t sue the other driver for those costs, too.
What is a Serious Injury?
New York liability law considers an injury to be serious if it involves a:
- Broken bone
- Significant or permanent disfigurement
- Permanent disability
- Significant debilitation
- 90-day (or greater) period of total disability
Can You File a Claim as an Injured Passenger?
As an injured passenger, the first place to look for compensation or damage coverage is your driver’s PIP insurance policy. You should have been covered by their PIP insurance as their passenger. This is also true if you were a pedestrian when a driver hit you.
If their PIP insurance is not enough to cover your full damages and you were seriously injured under the law’s definitions, then you can consider your options for filing an injury claim against the liable party. Assuming that your driver was hit by someone else who caused the crash, you would file your claim against that other driver. But if your driver contributed or caused the accident, you would instead file against their auto insurance policy for unpaid damages.
Hire Our Attorneys Today
If you have been in a serious car accident in Brooklyn, then our attorneys would be happy to help you understand your rights and options. We’re proud of the reputation we have built within our communities for being tenacious and compassionate legal representatives for the wrongfully injured.