When you’re injured in a car accident in NYC, you can claim compensation for your injuries thanks to no-fault insurance. New York’s no-fault insurance system is designed to help accident victims with their immediate expenses, regardless of their fault in the accident. Because of this, many people assume that they can handle the claim process by themselves. However, the process is not always straightforward, and a few mistakes can jeopardize your chances of success. In this post, the team at Alex Yadgarov & Associates will step into the shoes of a Brooklyn car accident lawyer and explain why you should consider getting legal assistance for your no-fault insurance claim.
What is No-Fault Insurance in New York?
Also known as Personal Injury Protection (PIP) insurance, it is the insurance coverage where you can get your own auto insurer to pay your medical bills and lost wages when you are injured in a car accident. The insurer is required to cover the full amount, regardless of who is responsible for the crash. It is a part of the minimum auto insurance coverage that all vehicles registered in the state must carry.
As mentioned above, your PIP insurance covers your medical bills, up to 80% of lost wages, and other related expenses. It does not compensate for non-economic damages such as pain and suffering. In New York, the upper limit of the basic PIP coverage is $50,000. However, this limit can be increased by purchasing supplemental coverages.
How Can You Strengthen Your No-Fault Claim?
You can strengthen your no-fault claim by taking the right steps after the accident. They include:
- Seek immediate medical attention—Even if it is a small injury, seek medical attention. The medical reports generated will become useful evidence.
- Gather evidence—The evidence you present can make or break your claim. As such, gather key evidence like medical records, transportation expenses, photographs and videos of the accident, and police reports to build a strong and compelling case.
- Do not admit fault or apologize—human decency can be weaponized and be used to justify delays and rejections of no-fault claims.
- Do not give recorded statements—When speaking with insurance adjusters, do not provide them with recorded statements. Your claim will be restricted to those statements, even if your condition changes.
When You May Not Need a Lawyer
You may not need a lawyer to help with your no-fault insurance claim when the injuries are minor and there is no dispute with the insurer in relation to your medical bills and lost wages.
Common Problems with NYC No-Fault Claims
Here are some of the most common problems with NYC no-fault claims that can result in claims and compensation being delayed and rejected.
- Missing deadlines—In NYC, you must submit your claim within 30 days of the accident. If you fail to meet this deadline, it can cause the insurance company to reject your claim outright.
- Disputed medical necessity – Insurance companies will often call for an Independent Medical Examination (IME) to try and find a second opinion that can help them conclude that medical treatment is no longer “medically necessary.”
- Gaps in treatment—When you delay getting treatment or stop for an extended period of time, insurers can try to use the gap to say that the injury was not severe enough to warrant compensation.
- Pre-existing condition claims—Insurers can argue that the injuries are not connected to the accident, and it was instead due to a pre-existing condition.
- Insufficient wage documentation—When a claimant is unable to submit proper documentation of proof of earnings, it can be difficult to claim lost wages.
How a Lawyer Can Help With a No-Fault Claim
When it comes time to submit a no-fault insurance claim, a Queens car accident lawyer can assist you in a number of ways. They include:
- Evaluating the damages—Your attorney can help you calculate the damages you’ve suffered, including medical expenses, lost wages, long-term care, and more. This will allow you to present a claim for an amount that reflects your actual losses.
- Gathering evidence—With their experience, a lawyer knows what evidence can help make a strong and compelling case. As such, they will take steps to secure the necessary pieces of evidence.
- Handling communications with insurance adjusters—Your attorney can take over the correspondence with insurance adjusters. They can stop you from making any statements that can reduce your overall payout.
- Managing paperwork and deadlines—Your lawyer can take care of all the insurance paperwork and file the claim on your behalf. They will make sure it is filed before the deadline.
- Filing a lawsuit—If insurance negotiations fail, your lawyer can help you file a lawsuit to seek compensation and represent you in court.
At the end of the day, having an attorney can make life easier. All you need to do after an accident is focus on your recovery.
Conclusion
When claiming compensation after a car accident in NYC, a no-fault insurance claim is your main source of compensation. While the process is straightforward, missing deadlines, missing documents, and other seemingly simple mistakes can turn into delays and denied claims.
If you’re looking for guidance on how to successfully complete your no-fault claim, Alex Yadgarov & Associates is here to help. Contact us today and schedule your free consultation. As your accident lawyer in NYC, we will help you avoid costly mistakes and help you get the compensation you deserve.
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