In the state of New York, all drivers are required to carry liability insurance coverage with a minimum limit. However, whenever you find yourself suffering injuries or property damage after an accident, it’s vital for you to recognize how the insurance companies involved handle the potential compensation.
Insurance operates on a no-fault basis in the state, which means that when you are involved in an accident, it is your own insurance that is responsible for reimbursing your losses. New York is one of the few states in the nation that operates in this manner.
Whether you are a driver, passenger, or pedestrian, even if the other person was negligent and caused a collision, your insurance company pays for your damages. In order to get these benefits, you must act quickly. However, it’s vital to recognize what these benefits mean for you and your rights when damages exceed the limits.
Call us today at (888) 997-4110 to learn more about your rights.
The Serious Injury Threshold in New York
While a majority of claims are handled with your own insurance company regardless of fault, there are some situations in which you can obtain compensation through a lawsuit. In order to do so, though, it is required to show that your damages surpass the serious injury threshold.
In crashes where your injuries go beyond the limits of your no-fault coverage, you must show that you suffered a serious injury as a result of someone else’s negligence. The serious injury threshold often applies to some of the most catastrophic injuries, including the following:
- Wrongful death
- Significant or permanent disfigurement or dismemberment
- Severe fractures
- Permanent internal organ damage
- Loss of bodily function or system
There are multiple factors that go into determining whether you qualify to file a lawsuit through the serious injury threshold. First, you must have your injury diagnosed and proven by a medical professional. Secondly, you can utilize the 90/180 Day Rule.
The 90/180 Day Rule states that you can file a lawsuit as long as you are able to show an inability to perform significant day-to-day tasks for three of the first six months in the aftermath of your crash. While a diagnosis is vital, and it allows you to file a lawsuit, you must be able to show the negligence of the other driver.
Why It’s Vital to Have a Lawyer
No-fault insurance laws can be complicated, and you may not even be aware of what your rights are throughout the process. You wouldn’t want to settle for a no-fault claim with your own insurance company if you qualify to file a lawsuit under the serious injury threshold.
Through no-fault insurance claims, your compensation is limited to the total amounts of your coverage. However, these limits may not cover the total costs of your losses. If you don’t file a lawsuit when you’re able to, you may miss out on valuable compensation that can help with the long-term impacts you may experience from a serious injury.
At Faraci Lange, LLP, we make it our top priority to help you understand your rights and options. No-fault insurance claims can be complicated, and it’s vital for you to have guidance on your side that allows you to focus on your recovery while getting through the difficult legal matters.
When you reach out to our Rochester car accident attorneys, we’ll discuss your options and determine whether you have a no-fault claim or a potential lawsuit. From there, we’ll work hard to build a strong case on your behalf and protect your rights every step of the way. Since 1968, we have gone above and beyond to help real people with real injuries get real results. We can be trusted with your care.
Call our firm today at (888) 997-4110 to speak with us in a free consultation. We’re here to give you a voice against negligence.