New York is one of the few states that recognizes the no-fault law for vehicle accidents. This law is designed to ensure claims are paid right away no matter who was at fault for the incident and to speed up the processing of the claim.
New York’s no-fault law helps reduce the need for litigation and allows the injured party to focus on recovery. However, there are times when the no-fault law may not be applicable. Because it is a complicated law, many policyholders don’t understand liability and their options for compensation if they are injured in a motor vehicle accident in the state. A personal injury attorney can provide legal advice to help you understand your options.
A person who is a passenger in a vehicle and is injured will seek compensation from the insurance provider of that vehicle even if another vehicle was at fault. However, a person who has a serious injury may seek compensation from the responsible party. In this case, the no-fault law doesn’t apply.
What is a Serious Injury?
A serious injury can be difficult to define. If a pregnant woman loses her unborn child because of the accident, that is considered a serious injury. A victim who suffers significant scarring is also classified as serious. Fractures may also be deemed as serious. Any injury that causes partial disability may be serious and allow you to pursue a lawsuit for damages.
The challenge with this law is when an injury doesn’t fit into a simple category. If it falls into a gray area, you may need to talk to a personal injury attorney who can help you determine if you have a claim against the responsible party.
Many people think that the no-fault law allows drivers to get out of paying for the damages they cause in an accident. However, an experienced attorney can fight for the victim and their right to compensation for their injuries. They may qualify to receive compensation for the medical care they have required or will need in the future. They may also receive money for lost wages if the injury resulted in time off work. Pain and suffering and other damages may be available which you wouldn’t get with a no-fault claim.
While it wouldn’t be too difficult to prove that your injuries fall under the exceptions, it could be challenging to prove liability. An experienced attorney can investigate the case, interview witnesses and review documents to build a solid case on your behalf.
Medical expenses in a serious injury can be devastating financially and ongoing for a permanent injury. You need an experienced personal injury attorney who can fight for your rights and see justice served for the responsible party. Coverage from your insurance provider may not be enough to pay these bills, but a lawsuit can lead to a settlement that will cover your expenses, allowing you to focus on recovery.
Contact Weiser & Associates for a free case evaluation at 888-254-4697 or [email protected].