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How to File an Insurance Claim against the Other Driver’s Insurance

Seth Harris

Last modified on January 3, 2023

File Insurance ClaimInjured New Yorkers have the right to claim compensation for their injuries and losses after an accident. Yet because New York a “no-fault” state, understanding how to file an insurance claim against the other driver after a car accident can be confusing.

Suffering injuries in a car accident can lead to an overwhelming set of unexpected consequences. On top of the pain you experience from the injuries, you may also face intensive medical procedures, a lengthy recovery period, and the need to take time off work. All of this can result in a significant financial strain on top of all the other stresses you are already feeling.

It is always best to consult with a personal injury lawyer after a car accident, but for those of you looking for more information before scheduling a legal consultation, [firm-name] have summarized the main facts of the matter below.

What Does “No-Fault” Mean?

New York law requires all drivers to carry a no-fault insurance policy with at least $50,000 in coverage for personal injury protection (PIP). This insurance reimburses you for:

  • Your medical expenses
  • 80 percent of your lost wages, up to $2,000 per month
  • Other out-of-pocket expenses, such as medical devices or the cost of home assistance due to your injuries

For example, if you have a PIP policy worth the $50,000 minimum, your own insurance will redress any injury-related losses you incur up to that amount.

Note that no-fault benefits do not apply in certain circumstances, such as if:

  • You were riding a motorcycle when the accident happened
  • You were driving under the influence of drugs or alcohol
  • You were participating in a drag race
  • You were driving while committing a felony (such as resisting arrest)
  • You were knowingly driving a stolen vehicle

When Can I File a Claim against the Other Driver?

“No-fault” does not imply that a negligent driver bears zero responsibility. Your no-fault PIP coverage applies only to injuries you sustain in an accident. You have the right to file a claim against another party to cover property damage, such as necessary vehicle repairs or replacements.

Furthermore, you can file a third-party claim if you sustain a serious injury in the accident. New York law defines “serious” as any injury that results in:

  • Dismemberment
  • Serious disfigurement
  • Broken or fractured bones
  • Loss of a fetus
  • Permanent loss of the function of any bodily organ, system, or member
  • Permanent limitation of any bodily organ or member
  • Temporary injuries that prevent engagement in usual daily activities for 90 days or more in the 180 days following the accident

In any of the above circumstances, filing a claim against the other driver’s liability insurance can help you recover compensation for losses in excess of your no-fault benefits.

A successful filing will depend on proving that the other driver’s negligence led directly to your injuries. For example, if the other driver caused the accident because they were disobeying traffic laws, you can link their negligent behavior to your injuries.

How Do I Report an Accident to the Other Driver’s Insurance?

Anytime you are involved in an accident with someone else, you should exchange insurance information with them. When you contact their insurer via telephone or their website, you should be ready to provide them with the following information:

  • File Insurance ClaimYour name and the other driver’s name
  • The other driver’s policy number
  • License plate numbers of all vehicles involved
  • Accident location, time, and date
  • General description of the collision
  • Names and contact information of witnesses, if applicable
  • Accident report from the responding law enforcement officer

While reporting this information accurately is vital, be careful not to admit fault in any way. Many people feel guilty after a crash but it is important to avoid using apologetic language such as “I’m sorry” or “I shouldn’t have…. ” Insurance adjusters look out for this kind of language and will use it to try to devalue your claim.

Rather than assuming any degree of responsibility for the collision, wait for the police and your attorneys to investigate the accident. The evidence that emerges from these investigations might produce clear evidence that the other party was driving negligently.

Contact an Experienced New York Car Accident Attorney

Filing an insurance claim can seem overwhelming, especially if you are in a vulnerable state after the crash. A seasoned car accident lawyer will have the knowledge and skill to build a strong claim while you focus on doing what is necessary to recover.

The New York car accident attorneys of [firm-name] can handle every aspect of your case, from investigating the accident to negotiating your settlement with the insurance company. If necessary, we are prepared to take the other party to court. Our legal team is made up of seasoned trial attorneys who know how to get results. We have recovered over $500 million in compensation for injuries and damages for our past clients.

Call us today at 800-PAIN-LAW or contact us online for a free consultation to learn more about how we can help you.

Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

VERDICT

$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

What Our Clients Say About Us

arien machicotearien machicote
20:55 17 Jul 24
I must say I am extremely happy and amazed at the incredible work at Harris, Keenan & Goldfarb they were always available if I had any questions and they were always answered with very professionallyJason Steinberg is a great lawyer and I will always highly suggest this law firm and team to anyone out their. Thank you again to everyone at this incredible Firm!!!
Cole ColdwaterCole Coldwater
19:36 20 Jun 24
My experience with Harris Keenan and Goldfarb was wonderful. My legal representative, Steven LaRocca with Samantha Walton always made me feel well defended and cared for, in a way that went beyond professional representation and into the realm of caring about me on a personal level. Steven, Samantha and Seth Harris got me a great outcome and I can’t thank them enough!
Jennifer RosarioJennifer Rosario
14:16 05 Jun 24
The best law firm I have ever went with thank you so much
david Santiagodavid Santiago
18:05 21 Mar 24
Maria RoqueMaria Roque
20:49 15 Mar 24
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
S SS S
14:09 02 Mar 24
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Robert LennonRobert Lennon
15:26 21 Feb 24
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
17:52 08 Jan 24
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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Frequently Asked Questions

Common questions that prospective clients have about personal injury claims include:

  • Do I need an attorney?

    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.

  • How do I know I have a case?

  • When should I contact an attorney?

  • How do I determine which one to choose?

  • Once I hire an attorney, what should I expect?

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