Car Accidents in New York: 9 Factors That Determine Your Compensation Explained
When a person is injured in a car accident, they may be entitled to compensation. That being the case, one of the first questions they ask their accident lawyer in New York is, “How much is my claim actually worth?” The honest answer is it depends on a lot of things. Compensation following a car accident depends on multiple legal, financial, and medical factors and how they interact with each other. Understanding these factors can be the difference between a lowball settlement and walking away with what you deserve. In this post, the team at Alex Yadgarov & Associates is here to explain how 9 key factors can influence compensation after a car accident in New York.
Compensation for Car Accident Injuries in New York
How is compensation awarded following a car accident? In New York, there are two paths a victim can travel to claim compensation. First, there is the insurance claims process, and second, filing a lawsuit in court.
Under New York law, all drivers registered in New York must have minimum auto insurance coverage. When they are injured in an accident, their Personal Injury Protection (PIP) insurance comes into effect. Through their PIP coverage, they can claim up to $50,000 per person for medical expenses, lost wages, and other related expenses. Since New York is a no-fault state, PIP insurance is commonly known as no-fault insurance. While $50,000 is the threshold for the standard PIP coverage, you can purchase a supplemental coverage to increase the threshold.
A victim can also claim compensation via a personal injury lawsuit. However, you’re only allowed to file a lawsuit in New York under exceptional circumstances. You must either prove that their basic economic loss exceeded $50,000 or that they suffered a “serious injury” as defined in Section 5102 (d) New York Insurance Law.
The 9 Factors That Impact the Value of Compensation
Your Statements After the Accident
The statements you make to witnesses and insurance adjusters can have an impact on your case. Silence is the best policy. Do not admit fault or apologize for the accident. These statements can be used to construct a narrative that can justify a reduction in compensation.
Promptness of Medical Treatment
If you’re injured in an accident, seek immediate medical attention. Not only will prompt medical attention save your life, but it also has several legal and financial consequences. First, the documents from the admission and treatment can be used as medical evidence. At the same time, it prevents the other side from arguing that your delay stopped you from mitigating the damages.
Your Out-of-Pocket Expenses and Financial Losses
Following an accident, the victim can incur significant financial losses such as medical bills, lost wages, and travel expenses. Keeping track of all your expenses is important to accurately reflect the value of your personal injury claim.
Whether You’ve Sustained Serious Injuries
In New York, if you are able to satisfy the serious injury threshold, you can file a personal injury lawsuit. If you have suffered one or more of the injuries defined in Section 5102 (d) of New York Insurance Law, you satisfy the relevant threshold. This allows you to go beyond the no-fault system and claim additional compensation.
The Coverage and Policy Limits of Insurance
There is the possibility that the at-fault driver was an uninsured or underinsured driver. If that is the case, they may not have enough money to pay the damages in full. Your attorney can help you look for other sources of compensation and alternative remedies.
The Parties Involved in the Case
Depending on the parties that are involved in the accident, the deadlines for filing documents and procedures can change. For example, if the case involves a government entity, the process involves a notice of claims. Alternatively, if the case involves a minor, the statute of limitations can be extended.
Your Liability in Causing the Accident
If you’re partially at fault for the accident, New York’s pure comparative negligence rule can apply to your claim. Under the rule, your compensation can be reduced in proportion to the fault percentage attributable to you. If you’re 45% responsible for the accident, your compensation will be reduced by 45%.
The Strength of the Evidence Presented
If you’re claiming compensation, you have the burden of proving that the other party was responsible for the accident. When you are able to present strong and compelling evidence, the more likely it is for the case to be decided in your favour. Some of the best evidence for car accident cases are photographs of the accident scene, video of the crash, eye witness testimony, medical records, and expert evidence.
The Development of Permanent Impairments
If the accident has caused you a permanent impairment, the value of your claim will increase significantly. This is because a permanent impairment can impact your mobility or mental capacity, which in turn results in a diminished quality of life and reduced earning capacity.
Conclusion
If you’re looking for a legal team that can help you get the compensation you deserve, Alex Yadgarov & Associates is the firm for you. As your New York car accident lawyer, we will use the resources at our disposal to help build your case. Contact us today and schedule your free and confidential consultation.