Being involved in a car accident, whether minor or major, is never a good thing, especially when this caused you injuries. Should you ever get involved in one, do know that when it comes to personal injury claims stemming from a car accident, New York courts follow the “no-fault” insurance law for minor injuries. Otherwise, a claim can be made against the driver at fault for more serious injuries. Either way, you can be compensated for your injuries and lost income. All it takes is for you to talk to a Brooklyn personal injury attorney for help.
The Basics of No-Fault
Under the no-fault law, a driver injured in an accident must seek help from his insurance company for compensation of his medical expenses and lost income, regardless of whose fault the accident was. This removes injury liability claims and lawsuits for small accidents and exchanges it to direct payment from the injured person’s insurance company.
Compensation to an injured person, however, is only limited to benefits for medical bills and lost income, and will not grant any amount of compensation for suffering, pain, emotional distress, or lost opportunities and inconvenience. Moreover, the no-fault rule is only applicable to personal injury claims. For property damages, you should seek recompense from the driver at fault
Limitations of the No-Fault Rule
Apart from property damages, claims that you can pursue against the driver at fault include compensation for serious injury, for as long as you meet the criteria defined in the state laws. A serious injury entails that you have suffered:
- Significant disfiguration and bone fracture;
- Permanent limitation of use of any organ or member in the body;
- Significant limitation of use of any bodily function or body system; and
- Full disability for 90 days.
If these criteria of a serious injury are met, then you can file a claim against the at-fault driver for compensation, including the cost of pain, suffering, and emotional distress you experienced throughout this ordeal. This means you’ll also need the help of a Brooklyn, NY personal injury lawyer, like those from the Law Offices of Joseph Lichtenstein, to have a higher chance of settling a claim with the best compensation on your part. It’s equally important not to delay seeking their help, for letting days pass after the accident could only work against you.
New York No-Fault Auto Insurance Laws and Regulations, All About Car Accidents
No-Fault Car Insurance and State Laws: The Basics, All About Car Accidents