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How Car Accident Settlements Work

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How Car Accident Settlements Work

Have you been hurt in an NYC car accident? If so, you know that the financial cost of such an experience can be quite high. And your injuries aren’t just painful—they may also require costly medical treatment that hurts your bank account. Paying for your care can be even more difficult if you can’t return to work due to your injuries.

You have the right to seek compensation for such losses in New York. Nevertheless, the process of securing a car accident settlement may be confusing if this experience is new to you.

Fortunately, you don’t have to navigate it alone. Our New York car accident lawyers at Harris, Keenan & Goldfarb can help pursue your desired settlement. We’ll handle all the major steps in the process so you can focus on healing.

Call us today at 1-800-PAIN-LAW or contact us online for a free case evaluation to discuss where to start.

What Does the NYC Car Accident Settlement Process Involve?

New York is a no-fault car accident state. Registered vehicle owners in New York are legally required to buy Personal Injury Protection (PIP) coverage. PIP coverage compensates a policyholder for medical expenses and partially lost wages after a crash, regardless of who caused it.

The claim settlement process in New York involves:

  • Reporting the crash to a local police department
  • Reporting the crash to your insurance company in writing no later than 30 days after the collision
  • Receiving a letter from your insurer explaining the benefits available, along with an Application for Benefits form
  • Completing and returning the Application for Benefits form

Options when you need medical treatment include:

  • Paying for your treatment and submitting receipts to your insurer for reimbursement
  • Instructing the doctor or medical facility to bill your insurer

You should hire a NYC car accident lawyer instead of working directly with an insurer on your own. An insurance adjuster may not offer the full car accident settlement you deserve if you work with them directly. A car crash attorney can negotiate a fair settlement on your behalf. Hire a lawyer early so that you don’t have to deal with an insurance adjuster yourself.

A motor vehicle accident attorney may also help in other ways after a crash. For instance, a lawyer could connect you with doctors who will wait until you receive a settlement to bill you.

What Does No-Fault Insurance Cover in NYC?

A basic PIP coverage policy covers:

  • Necessary medical treatment/rehabilitation for car accident injuries
  • Partial income replacement
  • Reasonable daily expenses (such as the cost of traveling to medical appointments)
  • Death benefits if a loved one passes in a crash

You can’t seek compensation for pain and suffering or other losses that don’t have a dollar value through no-fault insurance. However, you may still have the right to pursue this type of compensation in certain instances.

What Is the Process for Filing a Separate Car Accident Lawsuit in NYC?

The no-fault system doesn’t always stop you from filing a claim or lawsuit against the negligent party who caused your wreck. If your injuries qualify as “serious,” you may have this option. Filing a separate personal injury claim allows you to seek compensation for losses PIP doesn’t cover.

Arriving at a car accident settlement in these circumstances involves:

  • Investigating to establish liability
  • Gathering evidence to show a negligent party caused your injuries
  • Submitting a demand letter to the negligent party’s insurance requesting compensation
  • Entering into negotiations with the insurance company if they don’t immediately offer a fair insurance settlement

An attorney can handle all these tasks on your behalf. They may also represent you in court if the insurance company doesn’t offer a reasonable settlement. You may pursue compensation through a lawsuit if this happens.

Mediation and NYC Car Accident Settlements

Going to court isn’t the only option you may have when an insurance company doesn’t offer a fair settlement in NYC. Mediation is also an option.

Mediation involves a neutral third party facilitating discussions between the parties involved in negotiations. It’s not a mediator’s job to take sides. Instead, a mediator listens to both sides of the argument and attempts to help them resolve a dispute out of court.

A mediator cannot force an outcome. You don’t have to agree to a car accident settlement at the end of the mediation process if an offer is still too low. However, trying mediation before going to court may be a way to save time and money.

What Is the Deadline for Filing a Car Accident Claim in NYC?

The deadline for filing a claim after a car accident in NYC can depend on the type of claim you file. Injured parties must file claims with their PIP coverage providers within 30 days of their crashes. If you miss this deadline, you must submit written proof that you had a valid reason for missing it.

Under New York Law, you must file a personal injury lawsuit three years from the crash date. If you miss this statutory deadline, the court may dismiss your case without a hearing. You’ll lose your right to pursue compensation through the court system.

How Does a Lawyer Negotiate for a Fair Car Accident Settlement?

How Car Accident Settlements WorkThe negotiation tactics an attorney may use when fighting for a fair car accident settlement can vary from one case to another. Common strategies include:

  • Gathering documentation of your losses
  • Submitting testimony from experts and witnesses
  • Submitting evidence of negligence if filing a third-party personal injury claim
  • Submitting pain journals and other forms of evidence documenting the effects of your injuries

Get Legal Help Today

At Harris, Keenan & Goldfarb, our NYC car accident attorneys will tailor our approach to the specifics of your case. We don’t charge upfront legal fees for our services. Our fee is an agreed-upon percentage of the compensation you receive. If you don’t get paid, neither do we.

Learn more about how we may fight for your car accident settlement by calling us at 1-800-PAIN-LAW or contacting us online for a free case review.

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Frequently Asked Questions

When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.

The first step is to consult with an experienced personal injury attorney. They will be able to review the facts of your case and advise you on whether or not you have a valid claim. Even if you do not have a strong case, an attorney may still be able to help you recover damages through negotiation with the other party’s insurance company. If your case does go to court, the judge will consider various factors in order to determine whether or not you are entitled to compensation. These factors can include the severity of your injury, the cost of your medical bills, and the amount of time you missed from work.

The answer depends on a number of factors, including the severity of the injury, the insurance coverage available, and the type of accident. In general, however, if you have suffered a serious injury that will require extensive medical treatment or result in long-term disability, you should speak to an attorney as soon as possible about your legal options. An experienced personal injury lawyer can help you navigate the complex claims process and fight for the compensation you deserve.

There are a few things to consider when choosing a personal injury attorney. First, you want to make sure that the attorney has experience handling cases like yours. Second, you want to make sure that the attorney is licensed to practice in your state. Third, you want to ask about the attorney’s success rate. Fourth, you want to make sure that the attorney has a good reputation. Finally, you want to make sure that you feel comfortable with the attorney. Do not hesitate to reach out to us to schedule a free consultation to determine if we are the best choice for your case.

Once we decide to take on your case, we will then begin gathering evidence and investigating the accident. This may involve interviewing witnesses, reviewing police reports, and obtaining medical records. Once we have gathered all the necessary information, we will then work with you to build a strong legal case. If an agreement can’t be reached out of court, our attorney will then take your case to trial. Throughout the entire process, your attorney will be by your side, fighting for the compensation you deserve.