As one of New York City's most recognized traffic law firms, Katz Lawyers often answers questions from people injured in motor vehicle accidents. These answers below are general answers to general questions. Call us at 646-835-2330 or contact us by email with your specific question. We can arrange an initial consultation at our offices in Manhattan or Staten Island.
I suffered an injury in an accident caused by a driver who turned left right in front of me. I may have been driving over the speed limit at the time. Who is at fault?
New York is a no-fault insurance state. That means that the first $50,000 in personal injury damages will be paid out of your own personal injury protection (PIP) coverage. If your injuries require additional compensation for medical care, lost earnings and other related damages, you may sue the other driver for the amount up to the percentage of comparative responsibility assigned for causing the accident.
The driver who caused my accident wasn't insured. How do I get compensated for my injuries?
Hopefully, you carried an uninsured or underinsured motorist (UIM) policy rider on your coverage. After filing a claim against your minimum $50,000 PIP coverage, you have the right to file a claim against other PIP policies for members of your household. After your PIP limit has been reached, you can file against your UIM policy. You also have the right to sue for damages directly from the estate of the liable party. If the accident was caused by a DWI driver, you may be able to file for payment from the New York State Crime Victims Board (CVB).
I have medical insurance through work. Should I still file an insurance claim for damages?
Yes. Your health insurance will only pay for costs directly related to medical care by a licensed medical provider. In many motor vehicle accident injury cases, there will be damages related to lost wages and earnings potential, psychological damages for pain and suffering, loss of enjoyment of life and loss of companionship. After your full insurance settlement or jury verdict, your health insurance provider may require reimbursement for costs paid to medical professionals and facilities.
I was injured while riding with a driver who was completely at fault for the accident. Can I file a claim?
Yes. Passengers almost always have the right to file a claim against the insurance policy of the driver or drivers found to be at fault for causing the accident.
Since I will be filing against my own PIP or UIM coverage, will I still need a lawyer?
Insurance companies don't like paying anyone for a claim, even their own policyholders. Having Katz Lawyers on your side will ensure that you are getting a skilled, experienced attorney fighting to make sure you recover full and fair compensation for your injuries and financial damages. We handle everything, so you can focus on getting back on your feet.
From our office locations in Manhattan and Staten Island, we offer experienced personal injury representation for clients injured in motor vehicle accidents throughout New York state. Call us in Manhattan at 646-835-2330 or on Staten Island at 718-876-8105 or use our convenient email contact form to arrange an initial consultation right away.