A Motor Vehicle Accidents Law Firm You Can Rely On
Have you or a loved one been injured in a serious car accident, truck wreck or motorcycle crash? Although you may be physically and mentally distressed about your accident, this article will quickly help you determine what to do next.
I Was Injured In A Car Accident In New York State. What Steps Do I Need To Take If I Want To File An Auto Accident Personal Injury Claim?
The most important steps to take when you are injured in a car accident in New York State are…
- Seek medical care
- Contact your insurance company
- Contact our office
Seek medical care in order to establish is the extent of your injury and establish a plan of care. New York requires that you have a defined “serious injury” in order to qualify for a claim. Serious injury can be defined in many ways, according to the insurance law and case law in New York State. We have extensive experience handling car accident/injury cases and can assist you with this process.
Notify your insurance company in order to make them aware of the accident. Putting them on notice is required in your insurance contract. Putting them on notice as soon as possible will trigger your “no fault” benefits so that your medical bills can be paid. Also, notifying your insurance company will also trigger other benefits you may have like UM/SUM coverages.
Finally call us! We have been handling car accident cases since 1985. We have helped thousands of injured people get through the maze of dealing with insurance companies. Call our office and let us help you too.
I Was Partially At Fault For My Car Accident , How Does That Impact My Auto Accident Injury Claim?
There are two aspects to an auto accident injury claim:
- Liability
- Damages
Establishing liability is the first part of your claim. You don’t get to bring a claim against someone who is not at fault for your injuries. If something you did or failed to do was a factor in causing the accident, it does not mean you should not pursue your claim. To some degree it may affect how your case is valued…and that brings us to damages.
The second half of the battle is proving damages. We need to establish:
- What happened to you
- What was taken away from you
- What your loss is worth in terms of money
Even when you carry a part of the liability, you could still be entitled to recovery. Call us so we can help you determine what you may be entitled to and how to pursue that recovery.
How Long Do I Have After A Car Accident To File A Personal Injury Claim In New York State?
In the state of New York, the statute of limitations to file a personal injury claim is 3 years.
One exception to this statute is when a municipality is involved. If a municipality is involved and at fault, you have 90 days to file a notice of a claim.
If a child is injured in a car accident, that child has a statute of repose. This statute is 10 years; or 3 years past their eighteenth birthday whichever is the shorter period.
It’s important to note though that he longer you wait to bring a personal injury claim, the more difficult it becomes to prove that claim. Some things that negatively impact your claim over time are:
- Witnesses can go missing or forget details pertinent to your claim
- Information is no longer readily available
- A failure to act appropriately could cast doubt on your claim
- You could miss the statute of limitations to file your claim
I Was Hit By An Uninsured Driver. Do I Have Any Chance Of Recovering Financially For My Injuries?
There are a couple of options to pursue recovery if you were injured in an auto wreck by an uninsured driver in the state of New York:
- Motor Vehicle Accident Indemnification Corporation (“MVAIC”)
- Your own insurance policy
- Litigation
In the state of New York, the Motor Vehicle Accident Indemnification Corporation (“MVAIC”) will assist with a recovery when the at-fault party is uninsured. This corporation was set up by the legislature in 1958. The MVAIC provides personal injury coverage to innocent victims injured by uninsured drivers. Note though that the amount of recovery you can get with MVAIC is limited.
The second option available to you would be through your own insurance policy. You may have underinsured or uninsured motorist protection on your insurance coverage. This is an optional policy provision, so it will need to be determined if you carry this coverage.
It is important to contact our office so that we can help you to preserve all of your rights under your policy. We know what to ask and of whom to ensure you are getting your maximum recovery.
The last avenue for recovery available to you is litigation. If the at-fault party has available assets, you can sue them in an effort to recover your losses. An experienced attorney would be able to review your case to determine the best avenue of action for you.
Do You Think You Have A Qualifying Car Accident Injury Claim?
It’s important to know that there are NINE specific criteria that determine whether an injury you’ve sustained in a car accident is critical enough to justify bringing a bodily injury claim in New York State.
1.) Death.
2.) Dismemberment.
3.) Significant disfigurement.
4.) Fracture.
5.) Loss of fetus.
6.) Permanent loss of use of a body organ or body part.
7.) Permanent severe limitation of use of a body organ or body part.
8.) Significant limitation of use of a body function or system.
9.) A non-permanent and medically determined injury or impairment that drastically limits a person’s ability to go about their daily life for at least 90 days with the first 180 days after an accident.
If you or a loved one have suffered an injury that meets one of the above during a car accident, please don’t hesitate to contact our office today to request a free case consultation.
For more information about Personal Injury Law in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling contact Hobaica Law Office in New York by calling (315) 627-2800 (Utica), (607) 601-1621 (Cooperstown) today.
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