When you are struck from behind by a car in New York, you may experience whiplash, a common injury in this type of collision. whiplash can affect your upper back, neck, and shoulders, preventing you from returning to work and therefore affecting your ability to support your family, pay your rent/mortgage, and do your usual activities of daily life. With that in mind, if someone hits you from behind, whose insurance do you call in New York? Since new york is a no-fault state, you would go to your insurance company first for payment of your medical costs, etc.
new york is a no-fault state so your insurance company will cover the costs
new york is a no-fault state, which means your insurance company will directly pay a provider (of medical services, for example) or reimburse you for certain costs related to your accident, regardless of who caused it.
Under New York’s no-fault system, your insurer will pay:
- all medical costs, up to $50,000. limit, unless it carries p.i.p. (personal injury protection) for treatment of injuries caused by the accident
- up to three years of lost wages, up to $2,000/month, if you are medically disabled as a result of injuries sustained in a car accident
- other accident-related expenses ($25/day for up to one year after the accident for expenses such as travel to and from medical treatment or assistance with household chores that you are medically unable to perform as a result of the accident
- significant disfigurement
- loss of a fetus
- permanent loss of an organ, limb, function, or body system
- permanent limitation of a bodily organ, limb, function, or system
- significant limitation in the use of a bodily function or system
- medically determined injury that prevents the victim from performing typical daily activities for at least 90 days within 180 days of the accident
- Prove Negligence: Any personal injury claim requires the plaintiff to prove four things:
- Establish that the defendant had a duty of care to take reasonable steps to keep you damage (as all motorists do)
- prove that the defendant failed to comply with this duty
- illustrate how this fault caused your accident
- prove that the accident caused your injuries and other damages
- Gather Evidence: Gather medical records, police reports, photos, videos, witness accounts, work records, etc., to help prove that the defendant did not take reasonable steps to keep the other motorists safe and secure. that his fault caused him or her to rear-end your vehicle
- Collaborate with experts: Request opinions and testimony from economists and experts (medical, vocational, and life planning) to describe how the accident caused your injuries that ultimately led to the damages you want to recover
- Calculate Your Damages: A plaintiff will need to detail how the injuries from the accident have affected, are affecting, and will continue to affect them financially and non-financially. This is usually done with input from an economist, who will know how to realistically extrapolate meaningful numbers that accurately represent the extent of your damages.
- Present your damages to the at-fault party’s insurer: Your attorney will write a demand letter to the offending driver’s insurance company, listing your damages. you will most likely negotiate with the insurer for the best possible recovery of money in settlement of your claim.
- File a lawsuit in civil court: If the at-fault driver’s insurance company won’t accept a proper settlement, the next step is to file a personal injury lawsuit in civil court.
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friedman & simon, l.l.p. will handle every step in your rear end collision case
the legal team at friedman & simon, l.l.p. will help you manage your rear-end collision, proving that your serious injuries meet the threshold, and addressing every step in your personal injury claim. Our multilingual staff can work with you in Greek, English, Spanish, Tamil, Bengali, and Kannada. We would be happy to meet you on Long Island or anywhere else in the New York metropolitan area to discuss your case. And remember, we do not charge you unless and until you are compensated. Call 516-932-0400 today for a free, no obligation consultation.
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Because New York is a no-fault state, you would first look to your insurance company for payment of your medical costs and other expenses if you were hit from behind.
You have 30 days from the date of the car accident to file a claim for benefits with your insurance provider. If you hire our firm to represent you in connection with your rear-end car accident injuries, we will complete this form, the NF-2, on your behalf.
for a free legal consultation, call 516-932-0400
reaching a no-fault threshold to sue the at-fault driver for personal injury
In almost all cases, a rear-end collision is determined to be the fault of the vehicle behind, not the vehicle in front.
Because New York is a no-fault state, you would first go to your insurance company for payment of your medical costs, etc.
If you want to bring legal action against the driver who rear-ended your vehicle, demanding recovery for damages beyond what your insurance company paid, you will need to meet, and show that you have met, a no-fault threshold. .
The no-fault threshold in New York requires proof that your economic losses from your accident exceeded $50,000.
You may also meet New York’s no-fault threshold if your accident caused you “serious injury,” as defined by state insurance statutes.
understand the new york definition of “serious injury”
Under New York Insurance Law § 5102(d), “serious injury” means a personal injury that results in any of the following:
It’s worth noting that upon reaching New York’s no-fault threshold, you can not only receive compensation for expenses in excess of $50,000, but also additional non-economic damages, such as pain and suffering.
When a rear-end collision causes the death of a family member or loved one, you have the right to bring an action for wrongful death.
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steps to file a civil lawsuit
If you qualify for a personal injury lawsuit and plan to go down this path, here’s a preview of what plaintiff’s attorneys typically undertake in such a case: