Can I Sue After A Car Accident – Have you been involved in a car accident in New York? You may have the right to file an injury claim for medical bills and other expenses. New York is a no-fault state. So even if someone else caused the accident, you file a claim against their insurance first.
However, under New York law, if your injuries are “serious,” you may be able to seek additional compensation by filing a claim with the at-fault driver’s insurance. An attorney can review your case and determine if you are entitled to additional compensation for your expenses.
Can I Sue After A Car Accident
Let’s say you are in a car accident in New York that does not result in any injuries. In this scenario, you may be wondering if you have the option of filing a complaint or a lawsuit. Continue reading to learn more.
Can I Sue After A Car Accident In Nyc Even If I Don’t Get Hurt?
Even if you are not injured in a car accident in New York, you may still suffer losses. Typically, these costs are in the form of property damage. Even if a car accident doesn’t hurt you, it can damage your car.
Fortunately, you can take action in these situations. In New York, the at-fault driver is responsible for paying compensation when others cause property damage. You can file a property damage claim against the insurer of a negligent driver who damages your car, even if you are not injured.
You should think carefully before hiring a lawyer. Filing a claim does not guarantee that you will receive compensation. Insurance companies look for reasons to refuse to pay your claim. The at-fault driver’s insurer may argue that you have provided sufficient evidence to prove that your insured caused damage to your vehicle.
Gathering evidence may require an investigation. It is unlikely that you will have the time and resources to start such a process. A New York City personal injury attorney will investigate your accident, gather evidence, and determine which parties are responsible for compensating you. Your attorney will negotiate a fair settlement on your behalf.
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Insurance covers more than just economic damages. Sometimes an insurer can reimburse you for non-economic damages.
These come in many forms. Sometimes they take the form of mental or emotional trauma. For example, even if you are not injured in a car accident, the experience can still leave you with significant anxiety.
After a car accident in New York, you can file a lawsuit to recover these damages. However, it can be difficult to prove that you deserve this compensation, especially if there are no physical injuries after the accident. This process may involve coordination with medical professionals. Additionally, you must show that your accident caused you concern.
Even if you were not injured, you may be able to receive compensation. An attorney can determine your cause of action and increase your compensation.
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If you have been involved in an accident in Manhattan, New York and need legal help, contact the New York car accident attorneys at Rosenbaum & Rosenbaum. schedule a free consultation. About a dozen states across the country have enacted some type of “no-fault” car accident law. Under the no-fault system, accident claimants typically seek coverage from their insurance company for selected expenses, including medical expenses and lost wages.
New Jersey is one of the few no-fault states that offers drivers a choice when it comes to auto insurance. Motorists who choose a basic policy are usually limited to no-fault insurance after an accident. On the other hand, if you purchase a standard car accident policy, your right to sue is expanded.
If you have been injured in a car accident in New Jersey, it is best to speak with an attorney as soon as possible. The car accident lawyers at Maggiano, DiGirolamo & Lizzi can review your insurance coverage and advise you on your legal rights and options.
Personal Injury Protection, or PIP, is the name for an insurance policy that provides no-fault benefits in the event of an accident. Drivers must have PIP coverage regardless of whether they choose a basic or standard policy.
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The minimum PIP coverage required by New Jersey law is $15,000 per person, per accident. Drivers can choose a policy that covers only health insurance or medical assistance as well as other financial expenses. Additional PIP coverage and a number of additional benefits (bodily injury liability, collision and comprehensive coverage) can be purchased as part of the basic policy.
Your PIP insurance will pay some or all of your medical bills and possible other expenses after an accident. These benefits are provided regardless of who was at fault for the accident.
No-fault laws are designed to reduce the cost of auto insurance by eliminating small claims lawsuits. Drivers who purchase no-fault insurance are expected to benefit from faster claim resolution, timely payments (rather than waiting for the case to go to court), and less pressure on the court system.
The downside is that no-fault laws limit the legal rights of drivers and passengers injured in traffic accidents. PIP insurance covers only a portion of the damages you may suffer and limits your ability to seek compensation through a personal injury lawsuit.
Should I Sue The Other Driver In My Car Accident?
Like most no-fault states, New Jersey law recognizes limited circumstances in which a party or parties injured in an accident can bring a claim based on the fault of the other driver. New Jersey drivers who choose a basic auto policy can file a civil lawsuit only if the accident results in:
To recover damages in civil court, you must be able to prove that (a) you suffered one of these serious injuries in the accident and (b) the other driver was at fault for the accident. An experienced attorney can gather evidence of the driver’s negligence and file a strong claim on her behalf for damages that exceed the costs covered by PIP insurance.
If you have a standard auto insurance policy, you may have additional legal options in the event of an accident. A standard policy offers drivers the choice between the right to sue and unlimited rights.
Under the limited right of action, drivers and household members on the policy can file a claim only if they suffer one of the serious injuries recognized by law (see above). With unlimited right to claim, motorists and their insureds can claim full compensation regardless of whether their injuries are serious and/or permanent.
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Maintaining your right to file a lawsuit after an accident gives you the right to receive compensation from the at-fault driver beyond your PIP insurance. This includes all economic damages (including current and future medical expenses, loss of wages to date, and loss of ability to work), as well as non-economic damages such as pain and suffering.
Standard policies also include uninsured motorist and underinsured motorist (UM/UIM) coverage. If you or a member of your household is injured in an accident involving an uninsured or underinsured motorist, your UM/UIM insurance will cover costs that the at-fault driver would not receive. Obtaining UM/UIM insurance benefits depends on your ability to prove that the other driver was at fault for the accident.
The attorneys at Maggiano, DiGirolamo & Lizzi have more than a century of experience representing clients in car accident claims. We understand the complexities of no-fault law in New Jersey and can help you navigate all of your compensation options.
Our law firm is known for the results we achieve on behalf of our clients, as well as the personal, hands-on attention we bring to each case. Our firm’s award-winning attorneys are ready to understand your unique needs and fight to obtain all the damages you deserve.
Negligence I Car Accidents I Personal Injury I Faq Car Accidents I Frequently Asked Car Accident Questions
Call Maggiano, Di Girolamo and Lizzie today at (201) 585-9111 for your FREE consultation. Our car accident attorneys are located in Fort Lee and serve clients throughout Bergen County and New Jersey. Many people file a lawsuit if they are injured in a car accident. If you were not injured, “Can I file a lawsuit after a car accident if I am not injured?” you can think.
At Kerley Shaffer, we believe that no one should suffer the consequences of a car accident. Below, we will go over the different situations that allow a person to file a car accident lawsuit. Read on to hire a car accident lawyer and get the compensation you need!
When someone files a personal injury lawsuit, they are claiming that one person’s actions caused harm to another. In a car accident, the plaintiff and her attorney try to determine if the other driver violated the rules and affected someone’s life.
But the burden of proof in traffic accident cases is much lower than in criminal cases. For a car accident, a car accident attorney must determine how another person’s driving has affected another person. On the contrary, criminal lawyers must prove the facts so convincingly that none of the jurors leave any doubt about what happened.
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Generally, the person injured in the accident is the plaintiff. In some cases, people file lawsuits on behalf of loved ones who have been involved in accidents. These are injury cases
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