Answers From A New York Car Accident Lawyer
Please read through these frequently asked questions about car accidents to learn more about the process, requirements, and results of a successful car accident claim. Having a New York City personal injury attorney handle your car accident claim will be extremely beneficial in ensuring you receive the amount you deserve. Contact The Law Office of Richard M. Kenny to speak with a legal professional today.
How Long Do I Have To File A Claim For Damages If I Was Injured?
The statute of limitations for personal injury disputes in New York applies to lawsuits, not insurance claims. Because New York operates on a system of no-fault insurance, claims are paid without question of fault. This means the process of claiming compensation for car accidents is much different than other personal injury claims.
Who Else Can Be Liable For A Car Accident Other Than The Driver?
Many car accidents occur for reasons other than driver negligence or fault. Unsafe road designs can increase the risk of an accident or even cause one, as well as bad weather conditions that affect visibility and create slippery roads. If unsafe road designs were the reason for a car accident, the city responsible would be liable for the accident. Another possible cause of car accidents is a defect or malfunction in one of the cars, which would warrant a product liability claim against the auto manufacturer.
Can I Claim Damages If I Was The Partly Responsible?
Because of New York’s no-fault insurance laws, you will be receiving compensation from your insurance provider. This does not differ if you were partly or even entirely responsible for the accident. In general, comparative negligence laws would mandate you to receive compensation based on a percentage of fault, but that does not apply for car accidents in New York City.
Can I Claim Compensation If I Was A Passenger?
Yes. As a passenger of that vehicle, the driver’s no-fault insurance company will cover the expenses you incur as a result of the accident. This would include medical expenses, loss of wages, and the cost of medical supplies or prescriptions.
What If My Driver Didn’t Have Insurance?
If you occupy an uninsured car and you are not in the same household as the driver, you may claim compensation from your no-fault insurance coverage. Your insurance policy will require you to prove that the driver was uninsured and that you do not live with that person for you to claim compensation.
Do I Need An Attorney For A New York City Car Accident Claim?
No-fault insurance laws are complicated and much different than other negligence-based claims. Having a legal professional help you navigate the process will ensure you submit all the required paperwork and you receive the compensation you are entitled to under the policy. Furthermore, if there are other matters involved, such as product liability or defective road designs, your New York City car accident lawyer can represent you in that claim as well.
Contact us to see what a topnotch New York City car accident attorney from The Law Office of Richard M. Kenny can do for you.