Queens No-Fault Accident Lawyer
No-fault insurance can often make the already complicated aftermath of a car accident even more difficult to manage. For help, contact a Queens no-fault accident attorney.
Beyond causing excruciating physical pain, a serious accident can leave your mind heavier and wallet lighter, effectively draining the few available resources you have for getting back on your feet.
In the state of New York, the no-fault standard can throw an even greater wrench into your quest for adequate compensation, as you will be forced to initially seek damages from your own insurer. Unfortunately, your own insurance company may very well be unwilling to give you the financial relief you need, making it crucial to find an attorney who can force the insurer’s hand.
For answers to all of your legal questions regarding fair compensation after an auto accident, contact a Queens no-fault accident lawyer at Greenstein & Milbauer, LLP today.
How No-Fault Claims Work in New York
In the state of New York, no-fault claims allow accident victims to draw from their own policy’s personal injury protection (PIP) benefits to obtain much-needed compensation. One important consideration to filing a no-fault claim with your own insurer is notifying the company of your collision and claim intentions with thirty days of the date of your crash.
Also to note is the fact that your total benefits from a no-fault claim are capped at $50,000, although this restriction may be lifted under certain circumstances.
Filing a no-fault claim will not necessarily preclude you from also filing a “serious injury” claim against another driver, although you will have to prove that you were the victim of some type of defined harm, such as dismemberment, disfigurement, fracture, or fetal death.
Only economic losses are eligible for recovery in a Queens no-fault claim, meaning that compensation for losses like pain and suffering cannot be included in your formal no-fault insurance demand. Conversely, items like medical expenses and lost wages should be clearly documented in your claim.
Remember that carrying no-fault coverage is a legal requirement in the Empire State. Failing to carry sufficient coverage can lead to fines and license suspension. If the other driver in your Queens car accident didn’t have no-fault insurance, you can sue him or her directly.
Additional Legal Considerations
Although we have mostly been discussing no-fault claims, it wouldn’t hurt to further explore how the state of New York treats personal injury claims, as you may decide to also pursue damages from a third party or directly from the driver (if your accident qualifies).
First off, New York’s statute of limitations for personal injury cases is three years, meaning that any claims or suits filed after this point will not be considered legally valid.
Queens accident victims should also be fairly familiar with the standard of comparative negligence, which allows courts to split liability among multiple parties. This standard can ultimately limit an accident victim’s damages to the degree to which he or she is perceived to be at fault (e.g., being found 25 percent liable would decrease your compensation by 25 percent).
Speak with a Queens No-Fault Accident Attorney
A serious crash can blindside anyone, but that doesn’t mean you can’t look two steps ahead as it pertains to receiving fair compensation.
To work with a legal team that will leave no stone unturned, contact a Queens no-fault accident lawyer at Greenstein & Milbauer, LLP today. Give us a call at 1-800-VICTIM2 (842-8462) or fill out the contact form at the bottom of this page to arrange a free consultation.