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SHOULD I USE MY OWN INSURANCE AFTER A CAR ACCIDENT?

Law Office of Steven R. Smith June 10, 2022

In 2021, there were 370,990 total traffic crashes across the state. Traffic collisions in New York State usually result in minor to severe injuries, vehicle damages, or sometimes fatalities. 

If you're involved in a car accident, you may be concerned about who will be responsible for any injuries and damages suffered. Since New York is a no-fault state, insurance companies generally reimburse policyholders for damages regardless of the at-fault party. A skilled New York state personal injury attorney can enlighten you about your rights and options to recover damages.

With more than 30 years of extensive experience, I have the knowledge and resources to assist and guide clients in their car accident cases. As your legal counsel, I can review every last detail of your unique situation and explore your available legal option to pursue compensation. 

Also, I will fight compassionately to protect your legal rights and attempt to seek the maximum possible compensation for your injuries and other potential damages. My firm is proud to serve clients in all New York counties, Long Island, including Garden City, Mineola, Westbury, Hempstead, and New Hyde Park as well as all other parts of New York State.  We offer free consultations, in person, by telephone, FaceTime, ZOOM, Skype, or any other means.

Car Accidents in New York

New York is a "no-fault" auto insurance state. Under the state's no-fault principle, a person injured in a traffic accident will turn to the auto insurance coverage for the vehicle they occupied or were struck by to file 'first party' compensation for medical expenses and other financial losses suffered from the accident, regardless of who was at fault.

Due to this, New York drivers are required to carry Personal Injury Protection (PIP) coverage. The PIP coverage is an insurance policy that provides direct compensation for medical expenses, lost earnings, and other necessary expenses to car accident victims. Under state laws, both the driver and passengers involved in an accident will enjoy similar rights to receive compensation.

Auto Liability Insurance
Requirements in New York

In the state of New York, motorists are required to carry liability insurance with the following minimum coverage:

  • $25,000 for bodily injury for a single person involved in an accident

  • $50,000 for bodily injury for two or more people involved in an accident

  • $10,000 for property damage for a single accident

  • Personal Injury Protection (PIP) – $50,000 per person

  • Uninsured/Underinsured Motorist Coverage – $25,000 for bodily injury per person and $50,000 for bodily injury per accident

If you or a loved one were involved in a car accident, you need to reach out to an experienced personal injury attorney immediately. Your lawyer can investigate all the details of your unique situation and determine the best way to proceed with your injury claims.

Will I Receive Compensation from the Insurance Company if I File a Claim?

Compensation is often awarded to personal injury victims who suffer injuries, property damages, and other financial losses following an auto accident. When you file a claim with your insurance provider, the PIP policy will cover medical expenses, including hospital bills, cost of rehabilitation, lost wages, and other financial losses resulting from the car accident.

However, if you sustained severe injuries from the traffic collision – and your injuries meet New York's "serious injury" threshold – you may be eligible to file a third-party insurance claim or lawsuit in civil court against the negligent party. To be eligible, you must have suffered any of the following:

  • Significant disfigurement

  • Bone fracture

  • A permanent or significant limitation of the use of a body organ

  • Full disability for at least 90 days

Furthermore, you may bring a personal injury action against the at-fault party to recover compensation for damages to your vehicle or property. A knowledgeable New York State car accident attorney can help file your insurance claims and pursue fair financial compensation for your injuries.

How the Law Office of
Steven R. Smith Can Help

Being involved in a car accident can be devastating and can affect your financial, physical, and mental health. Thankfully, New York's personal injury laws allow accident victims to seek fair compensation for their injuries by filing insurance claims. An experienced personal injury attorney can help protect your legal rights and pursue rightful compensation for your injuries and damages.

At the Law Office of Steven R. Smith, I have devoted my career to handling personal injury cases and advocating for the best interests of auto accident victims and their families. As your legal counsel, I can evaluate and investigate all of the surrounding facts of your unique situation thoroughly and help you understand your possible legal options to recover damages.

Additionally, I can fight vigorously to protect your legal rights, help you seek the financial justice you deserve or take additional legal action if required. Having me on your side can make a significant difference in your car accident claims.

Contact my firm – the Law Office of Steven R. Smith – today to schedule a simple case assessment with a knowledgeable car accident lawyer. I can offer you the experienced legal counsel, support, and compassionate representation you need in your personal injury claims. My firm proudly serves clients in all New York counties, Long Island, including Mineola, Westbury, Hempstead, and New Hyde Park, and all other towns, as well as everywhere else in the State of New York