If you’ve been hurt in a car accident that was not your fault, you have the right under New York law to make a claim or file a lawsuit against the driver and owner of the vehicle that caused the accident.
A claim or lawsuit for your injuries, pain and suffering, and lost income can be made against the “at-fault” driver’s liability insurance coverage.
Even if you may be partially at fault for the accident, you can make a claim for your injuries and damages. New York’s “comparative negligence” law allows for damages to be recovered by a plaintiff who could be partly to blame for the accident.
Not all injuries caused in car accidents will result in a lawsuit. New York Insurance Law §5102 requires the injured victim to show evidence of a “serious injury”. Contact attorney Tim Higgins at Lemire & Higgins, LLC at 899-5700 or tjh@lemirelawyers.com. The call and consultation are free. There is no attorney’s fee unless L&H recovers money for you.
For cases that don’t meet the “serious injury” threshold, benefits to pay for medical expenses, lost wages and some out-of-pocket expenses are available through your insurance policy’s “no-fault” coverage. These benefits are available to most all insured drivers and pedestrians regardless of who is responsible for causing the accident.
At the scene of a car accident, you should not talk about what happened to anyone except the police. If possible, obtain the names, addresses, and insurance information of all other drivers, and the license plates of all the vehicles involved. You must also report the accident and your injuries to your insurance company as soon as possible. Your insurance company will have forms and other paperwork that you will need to complete to make sure you can get your expenses paid under no-fault coverage, and if your car needs to be repaired or replaced.
New York State also requires some accident victims to file a form (MV-104) with the Department of Motor Vehicles within 10 days of the accident. The information on that form can affect your personal injury claim and the money damages you might receive.
Don’t go it alone. Contact attorney Tim Higgins at Lemire & Higgins, LLC at 518-899-5700 or tjh@lemirelawyers.com. The call and consultation are free. There is no attorney’s fee unless L&H recovers money for you.
