Car Accidents

The NYC Trial Lawyers Group

Practice Areas

Car accidents are the most common cause of injury in the United States. In New York State, people injured in motor vehicle accidents – whether they’re driver’s, passengers, bicyclists or pedestrians – must comply with strict no-fault insurance deadlines. Failure to do so might result in not being able to receive the proper medical treatment for recovery. Furthermore, the states “serious injury” threshold law, dictates the ability to receive compensation. Contact the NYC TRIAL LAWYERS GROUP to get you the help you need so that you can focus on recovering. DO NOT SPEAK TO THE INSURANCE COMPANY UNTIL YOU KNOW WHAT YOUR RIGHTS ARE. We fight hard to ensure you get the best outcome possible. THERE IS NEVER A FEE UNLESS WE WIN FOR YOU.

What to Do After a Car Accident:

Check yourself for injuries
Get to safety – pull your car over to a safe area when you can
Call the police
Document the accident – get all driver’s information involved
Take pictures at the scene
Never admit fault – even if you think you’re the one who caused the accident
Notify your insurance company
Get medical treatment – if you don’t feel pain at the scene, never tell anyone you’re not injured. Adrenaline often masks pain.

Immediate Crucial Information on No-Fault Insurance

New York requires drivers to carry a “no-fault” insurance policy of $50,000, meaning that each driver involved in an accident can have related damages or medical expenses paid for through his or her own insurance company, regardless of fault. However, in order to receive this compensation, you’ll need to file a claim with your insurance provider within 30 days of the incident. Failing to do so could cause you to forfeit your right to coverage.

No-fault coverage ensures that many, if not most, car accident victims can have their immediate needs met without filing a lawsuit. It’s important to realize, however, that by filing a no-fault claim, you do not forfeit your right to file a lawsuit. If your accident meets New York State’s “serious injury” threshold, you may still pursue appropriate legal action.

Does Your Injury Meet the Serious Injury Threshold?

There are several possible conditions under which your car accident injuries might meet the serious injury threshold.

In New York State, certain injuries are “serious injuries” by default. These include death, dismemberment, fracture, trauma-induced miscarriage, and any permanent loss or limitation of a bodily organ or member. Any injury defined as a “serious injury” can serve as grounds for a lawsuit.
An accident that incurs medical expenses beyond the $50,000 no-fault insurance policy limit could meet the serious injury threshold. However, property damage in excess of the insurance policy (for example, expensive damage to the car) does not serve as grounds to meet the serious injury threshold; any claim related to property must be filed under economic damages.
If an injury forces a person to miss work for 90 or more days out of the 180 days following the accident, that injury meets the serious injury threshold.

While these rules can give you an idea of what to expect, only an experienced bodily injury lawyer can tell you for certain whether your injuries meet this threshold. A good attorney will be very clear about whether or not you have a case. You are acting responsibly by seeking legal advice.