If you were injured in a motor vehicle accident in New York, involving a car, commercial truck or motorcycle, call Katz Lawyers in New York City. Attorney Seth Katz is recognized as one of the pre-eminent New York traffic law litigation attorneys in the state. We use our knowledge of New York traffic law and insurance coverage to help people recover full and fair insurance compensation following an accident.
How New York Motor Vehicle Insurance Law Work
New York is a "no-fault" insurance state. That means that driver's insuring a vehicle must carry a minimum of $50,000 in personal injury protection (PIP) coverage on the policy. In the event of an accident. Additional PIP coverage amounts are also available if the policyholder chooses to purchase it. The first claims dollars paid for personal injury and property damage resulting from a motor vehicle accident are applied to each driver's PIP coverage, no matter who is held liable for causing the accident. If damages exceed the PIP coverage limits, an injured party may pursue additional coverage from other PIP coverage of other policyholders in the household. After all household policy options have been expended, the injured party has the right to sue for additional damages from the insurance company of the party held responsible for causing the accident.
New York is a pure comparative negligence state. That means a plaintiff may only sue for damages up to the percentage of negligence attributed to the other driver. Simply put, if the other driver is found to be 75 percent at fault for the accident, the injured party may only sue for 75 percent of the total financial damages claimed.
Accidents With Uninsured Or Underinsured Motorists (UIM)
It frequently happens that the other driver does not carry insurance or does not have enough insurance coverage to pay for the damages. We have extensive experience helping injured drivers obtain compensation through their own UIM policy coverage.
You will be allowed to recover money from your own PIP or the other driver's insurance coverage for any financial damages directly related to the accident.
This typically includes compensation for:
- Medical expenses: Including emergency room treatment, follow-up medical appointments and treatment, prescription medications and ongoing physical therapy.
- Assistive devices: You may be compensated for the cost of installing equipment and devices required to help you overcome your accident-related disability, including wheelchairs and other mobility devices and alterations for your home, office and automobile.
- Lost wages and earnings: You have the right to claim damages for the amount of lost wages while you are out of work, including suing for total damages of financial earnings you will potentially lose over a lifetime, due to your injuries.
- Pain and suffering: The court may determine that a monetary amount may be paid to the injured party as compensation for pain, suffering and other factors such as loss of companionship or enjoyment of life. Suing the responsible party for an amount over-and-above the amount of PIP coverage is often the only way to ensure compensation for pain and suffering.
Free Consultation For Personal Injury Litigation Cases · Call Us Today
Call Katz Lawyers or contact us by email to arrange an initial consultation. Our office phone in Manhattan is 646-835-2330. Our phone to our Staten Island office is 718-876-8105.