Valley Stream Auto Accident Lawyer
Most of us have either been involved in, or at least know someone who has been in a car accident. However, just because they are common, does not mean that they are any less frightening or stressful, especially for those who sustain serious injuries and are unsure of how they will cover their medical expenses and lost wages. Determining liability for a car crash can be complicated, so if you were injured in an accident in New York, it is important to reach out to an experienced Valley Stream auto accident lawyer for help.
No-Fault Auto Insurance
New York is a no-fault auto insurance liability state, which means that motorists who are involved in car accidents must seek compensation for related losses from their own insurers regardless of who caused the crash. Under this standard, motorists are eligible for up to $50,000 in benefits, but only if they were not intoxicated or impaired by the use of drugs, or engaged in criminal activity while driving. While these benefits do cover the cost of medical expenses, lost wages, and other accident-related costs, they do not provide coverage for pain and suffering.
It’s important to note, however, that motorists could end up missing out on obtaining reimbursement for any of these losses if they fail to file a claim before the deadline, which in New York, is 30 days. These are not, however, the only important deadlines with which injured parties must be familiar. All medical claims, for instance, must be submitted within 45 days of receiving treatment, while claims for lost earnings will need to be filed within 90 days of when they were incurred.
Filing a Legal Claim
Although New York’s auto liability laws provide injured motorists with a certain amount of benefits regardless of fault, it is also possible to file a personal injury claim against the person or entity who caused the accident when:
- The injured party’s losses exceed the $50,000 of no-fault insurance benefits;
- The claimant suffered a serious injury;
- The claimant’s injury resulted in death; and
- Neither party has insurance.
In these situations, a car accident victim would be permitted to file a lawsuit in court, where he or she could seek compensation for losses that exceeded a policy’s limits, as well as compensation for non-covered losses, such as pain and suffering. This is often the best option for those who are involved in serious car accidents, where diagnosing and treating an injury can quickly exceed the state’s $50,000 policy minimum. It’s important to note, however, that under New York law, an injured party only has three years from the date of an accident to file a lawsuit in court. Missing this deadline will almost always result in a claim’s dismissal.
Reach Out to Our Valley Stream Auto Accident Lawyers Today
If you were injured in a car accident in New York, you are entitled to compensation for your medical bills and lost wages. To learn more about filing your own car accident claim, please call 516-802-9912 and speak with the dedicated Valley Stream auto accident lawyers at Giuffre Law Offices, P.C. today.