AA the number of vehicles on America’s roadways continues to increase, so will the number of car accidents. In areas which are particularly congested, the likelihood of being involved in an automobile accident increases exponentially. If you have been injured a car accident, you are probably well aware of the many difficulties which follow, including getting the required medical care, and dealing with uncooperative insurance companies. The period immediately following an automobile collision is filled with stress and anxiety. During this time you may be unable to return to work and find yourself stuck, watching your medical bills and living expenses go unpaid.
New York is one of the twelve states operating under the “no-fault” car insurance system. The no-fault laws in New York were established in the 1970’s as a means of ensuring those injured in a car accident would be able to obtain compensation for legitimate medical expenses, lost wages, and other costs related to their car collision—no matter which party was wholly or mostly responsible for the accident. The intent of no-fault insurance is to provide those injured in a car accident a specific level of immediate medical coverage.
In order to collect under New York’s No-Fault laws, you must file a claim within 30 days following your accident. Should you neglect to provide all required information within this specific time frame, your claim may be denied.
Minimum Required Levels of Auto Insurance Required in New York
The minimum amounts of New York personal injury protection insurance provides $25,000 per person as well as $50,000 per person for wrongful death, $50,000 per accident for personal injury protection, $100,000 per accident for wrongful death protection and $10,000 per occurrence of property damage protection.
New York’s Bodily Injury Laws for Serious Injuries
Under New York law, those involved in an auto accident may additionally have the right to sue for their bodily injuries as well as for pain and suffering associated with the accident if the serious injury threshold is met. A bodily injury claim is entirely separate from your no-fault claim, and both have different standards of proof, compensation and coverage. Pursuant to Article 51 of the New York Insurance Law http://www.dfs.ny.gov/insurance/r68/r68_art51.htm , a serious injury is defined as
(d) “Serious injury” means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Contact the New York car accident attorneys at Talisman & DeLorenz, P.C. immediately following your accident to determine if you meet this serious injury threshold requirement.
The Statutes of Limitations for filing a lawsuit resulting from an Auto Accident
After an automobile accident, there are specific laws which relate to the time you have to file suit against the negligent party. Generally, a personal injury action must be filed within three years of the date of the accident. There are situations where the statute of limitations could be significantly shorter, which makes it extremely important to contact New York car accident attorneys at Talisman & DeLorenz, P.C. immediately following your accident to determine the statute of limitations that applies to your claim. For example, if your accident involved a city or state owned or operated vehicle, your statute of limitations could be as short as 90 days from the date of the accident. If you do not commence an action within the applicable statute of limitations, you will lose your right to sue.
Automobile accidents—particularly those, which result in catastrophic injury—place extreme levels of stress on the victim as well as the victim’s family. It is important you speak to an accident attorney with extensive experience in bodily injury claim recovery who can carefully prepare your case and protect your rights.
Contact Talisman & DeLorenz P.C., Your New York Car Accident Attorneys
If you or someone you love has been injured in a car accident in New York, you need an experienced personal injury law firm on your side from the very start. At Talisman & DeLorenz, your New York car accident attorneys have over 50 years of extensive experience representing injured victims and their families. Call us Talisman & DeLorenz, P.C. Members of the Multi-million Dollar Advocates Forum and the National Top 100 Trial Lawyers, today at 1-212-422-9000 for a free consultation and review of your case or fill out our confidential online contact form. You deserve a strong legal advocate in your corner who will look out for your rights and your future.