Car accident cases can be confusing. Even when there are only two drivers involved, claims can involve at least two insurance policies, each with different coverage for different parts of the case. And going to court can be hard if your injuries are not “serious.”
Work with our lawyers to maximize the damages you receive in your case. Never accept a low-dollar insurance settlement, and never trust the insurance companies when they say you do not have a case. Instead, take your case to our lawyers right away.
Call BKS Injury Law for a free case evaluation with our car accident lawyers by dialing (845) 303-2748 today.
Can You Sue for a Car Accident in LaGrange?
Our no-fault insurance rules in New York prevent lawsuits unless certain requirements are met first.
New York’s No-Fault Insurance System
In our no-fault system, each driver carries “personal injury protection” insurance (PIP). This is supposed to be the source of all of your damages for your injury, but it leaves off pain and suffering and does not compensate the rest at 100%.
Drivers also need to carry liability insurance, but you may be limited to only getting property damage paid this way. If your injuries are “serious,” you can also sue the at-fault driver and get damages from their liability insurance for medical bills, lost wages, and non-economic damages (e.g., pain and suffering).
What Your Insurance Covers
Your PIP covers
- Your medical care and lost wages
- Medical care and lost wages for others injured in your car.
However, it does not cover 100% of these damages, and it has policy limits and a deductible you need to pay. Plus, it never covers pain and suffering. So you need to bring the case against the other driver to get the rest of your damages paid.
If you have other supplemental coverages on your policy, it may cover additional things:
- Additional bodily injury coverage pays more for injuries and treatment
- Collision coverage pays for vehicle repairs with a deductible payment
- UM/UIM (uninsured/underinsured motorist coverage) picks up when the other driver has no insurance or has low insurance.
Serious Injury Threshold
To qualify for a claim against the defendant, you need “serious injuries.” Under NY law, this includes
- Death
- Loss of a fetus
- Permanent injuries
- Broken bones
- Serious scarring
- Permanent limitation of use
- Significant limitation of use.
This includes many injuries that could medically be considered “mild” or “moderate,” such as a broken bone or a significant sprain. Never assume that your injury is not “severe enough”; always take your case to our car accident lawyers for assessment.
Filing a Lawsuit
If you meet these requirements, then you can file a lawsuit. There, the jury can decide in your favor, and you do not need to rely on the insurance company giving in to your demands.
Lawsuits can recover pain and suffering, which your insurance does not pay. You can also claim punitive damages if the defendant’s actions were seriously dangerous, e.g., drunk driving.
UM/UIM Coverage
If the other driver’s insurance falls short of covering you in full – or if they do not have insurance – then you can use your UM/UIM coverage to pay for the rest.
What Damages Can You Get in a Car Accident Case?
Most car accident claims involve these areas of damages:
Medical Bills
The cost of treating an injury can involve
- Emergency medical transportation
- Hospitalizations
- Emergency surgeries
- Follow-up surgeries
- Follow-up care
- Rehabilitation
- Mental health therapy
- Physical therapy
These costs are expensive, and innocent victims should never have to pay for them themselves.
Lost Wages
If you miss work because of your injuries, that should be compensated. This can involve pay for the days you already missed during your recovery, as well as ongoing lost wages if you suffered a disabling injury in the crash.
Pain and Suffering
Pain and suffering damages pay you for the intangible harms of an injury:
- Pain
- Discomfort
- Mental anguish
- Emotional distress
- Feelings of loss
- Disfigurement
- Embarrassment
- Lost ability
- Lost enjoyment.
More severe injuries are worth more in pain and suffering. Talk to an attorney about how to put a value on these damages, since there are no bills or records showing the costs of these “non-economic” damages.
Property Damage
The cost of repairing or replacing your car is also significant, and not something we would overlook in your case.
Determining Fault
When insurance companies, lawyers, and juries assess fault, they use these principles:
Elements of Negligence
A defendant is only at fault for a crash if all four of these elements of “negligence” are met:
- The defendant owed you a legal duty.
- They breached that duty.
- That breach caused the crash.
- You suffered damages in the crash.
Examples of Breach of Duty
A breach of duty can involve driving that is generally unsafe or unreasonable for the situation. However, it is more likely that a specific traffic violation is to blame, e.g., speeding, texting while driving, or tailgating.
When Multiple Cars Are Involved
If multiple drivers are involved, the court can assign partial responsibility to each driver. For example, two drivers can be held at fault in a 50/50 or 60/40 split, depending on how bad each one’s actions were compared to the other.
Other percentages are also allowed, based on the facts at hand.
Comparative Fault for the Victim
The victim can also be assigned a portion of the blame. They lose out on this percentage of the total damages, and their car accident claim is blocked if their fault is more than 50%.
FAQs for Car Accident Cases in LaGrange
When Should You Call a Lawyer?
You should call a lawyer as soon as you can after an accident. Do not talk to insurance or accept any money until you call us.
Can You Accept a Settlement from Insurance?
You can only settle once, so work with a lawyer to make sure that the amount you are settling for is appropriate. If it is too low – which is common in early settlement offers – we can go back and forth with the defense to negotiate a better settlement. If they refuse to pay a fair value, we can go to trial.
How Long Does an Injury Case Take?
Cases can settle within a few weeks or months if the facts and damages are somewhat straightforward. Contested claims, however, can last over a year before they get all the way through trial.
Call Our Car Accident Lawyers in LaGrange Today
Call Basch, Keegan & Spada’s car accident attorneys at (845) 303-2748 for a free case review.