How to File a Claim Against an At-Fault New York Driver
As we all know, New York is a no-fault insurance state. That means each driver normally files with their own insurance company for injuries and damages. That doesn’t eliminate negotiating or filing lawsuits when claims prove insufficient to cover damages. However, it does reduce court cases, the number of personal injury lawsuits, and the amount of compensation. There are certain cases for which an at-fault driver can be sued in a personal injury lawsuit.
You have options for covering your legitimate expenses after being injured in an auto accident. First, file a car accident claim, hire an attorney and press aggressively for all the compensation you deserve. Lawyers negotiate with insurance companies daily, adding pressure, so you receive what is rightfully yours.
Criticisms of No-fault Insurance
New York’s pure comparative fault rule eliminates many common criticisms of no-fault insurance. For example, some states offering no-fault insurance don’t allow the not-at-fault driver any settlement at all if the driver bears any blame for the accident. Instead, new York allows partly-at-fault drivers to receive the exact percentage due based on how the court assigns blame.
For example, the court might decide that you bear 15% of the blame. That means the other driver has 85% of the blame to shoulder. If your attorney negotiates a settlement for your injuries of $20,000, you would only get 85% of the money, or $17,000. You might be able to file with your own insurance company for the shortfall if you have PIP coverage for your own personal injuries. In contrast, if you were found 85% responsible for the accident, you could only claim 15% of a $20,000 settlement, or $3,000. Unlike other no-fault states, you would at least get the loser’s fair share of the settlement, and you could make up the difference with PIP.
The comparative fault rule in New York applies even if you are found to be more responsible for the accident than the other driver. So, for instance, if the jury decides you are 90 percent at fault, you are still technically entitled to 10 percent of your total damages, but of course, the other side of the coin is that you’ll be on the hook for 90 percent of the other driver’s damages.
Drivers generally don’t receive non-economic damages for pain and suffering, emotional distress, and loss of companionship. This approach was designed to reduce high insurance premiums. However, it’s generally had the opposite effect — no-fault insurance states’ premiums have increased each year. The ten no-fault insurance states have the highest average premiums in the industry.
● Death
● Dismemberment
● Loss of a fetus
● Disfigurement
● Severe limitations of normal bodily functions
● Limitation of an organ’s function
● Fractures
● Various kinds of non-permanent injuries that severely limit normal activity
No-fault Insurance Leads to Fraud
According to insurance experts, no-fault insurance has led to greater fraud. With expedited claims, many people conspire to defraud the insurers with small claims of damages and injuries. In New York City, fraudulent claims make insurance four times higher than the state’s average. The frauds also involve unscrupulous medical services that verify false medical claims.
How Do I Sue for a Serious Auto Injury Claim in New York
Auto accidents generate many bills for medical treatments, future treatments, property damage, and lost wages while recovering from injuries. Those are just the common expenses. In addition, most people find themselves paying out-of-pocket for dozens of things like babysitters, child care, cab fare, over-the-counter pain relievers, and other expenses. You might also have trouble taking care of your family.
Your own insurance company will cover your bills up to coverage limits, but what happens next? If your expenses run more than $50,000, you’re usually out of luck. However, you might be able to pursue compensation from the at-fault driver, especially if your injuries are extensive.
What Can You Expect from a Lawsuit?
Filing a personal injury lawsuit increases your coverage if you win your case because you can use both the other driver’s coverage limit and your insurance to cover expenses. When filing a personal injury lawsuit, you can also sue for pain and suffering, loss of companionship, emotional distress, loss of consortium. In addition, if the driver was grossly negligent, under the influence, or driving recklessly, you might be awarded punitive damages, which tends to run up your total settlement.
