Auto Accident Insurance Issues
Understanding Insurance Issues in New York Motor Vehicle Accidents
Every state has somewhat different laws regarding personal injury claims. If you haven't been in an accident before or if you don't deal with personal injury claims very often, it's unlikely that you would have a good understanding of the ins and outs of personal injury insurance practices.
That's one of the biggest benefits of working with an experienced personal injury attorney after a serious car, truck or motorcycle accident. The lawyers at Powers & Santola, LLP, have had many years of experience handling injury claims. We can explain New York motor vehicle accident laws so you understand your rights and the compensation you can receive.
We Handle All the Details
Our staff regularly works with auto insurance companies and their claim forms, medical providers, hospitals and medical insurers, and with the New York workers' compensation system. We know our seriously injured clients are facing many challenges already. We will ensure paperwork is handling promptly and properly.
If you were seriously hurt, or a loved one died in a car accident, semi-truck accident, motorcycle accident or mass transit accident in upstate New York, we can help. Contact Powers & Santola, LLP, to schedule a free initial consultation at our Syracuse or Albany law office.
New York is a "No Fault" State and Requires You to Have Insurance
When it comes to car accidents (and truck accidents ) New York is a "no fault" state. This means that your insurance company is responsible for paying your losses up to the limits of your policy, regardless of whether you were at fault in causing the accident. The other person's insurance company will cover them.
Every vehicle owner in New York is required to carry "basic" no-fault personal injury protection (PIP). This must cover "basic economic loss," which include:
- Necessary medical and rehabilitation expenses
- 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years
- Up to $25 a day, for up to a year, to reimburse for other reasonable and necessary expenses
- A $2,000 death benefit (in addition to the $50,000 basic no-fault limit) to the estate of a person killed in a motor vehicle accident
Approximately 60% of all auto policies have supplemental PIP, which can raise the no-fault benefits to $100,000 or more.
Mandatory Minimum Limits of Coverage
Automobile liability insurance is mandatory in New York, with the minimum limits being:
- $25,000 per person for injury/$50,000 total for injury per accident
- $50,000 per person for death/$100,000 total per accident for death
- $10,000 per accident for property damage
All vehicles are also required to have uninsured coverage and you may also have underinsured coverage.
Not Everyone Can Sue for Recovery
New York law puts limits on what people can recover and whether they can sue after a car accident. If you were in a motor vehicle accident but were not "seriously injured," you cannot recover more in damages than your "basic economic loss."
If you suffered a "serious injury," you can recover more. The law defines what constitutes a "serious injury," which your attorney can explain during your consultation. It includes permanent injuries as well as non-permanent injuries that would prevent you from performing your usual daily activities for at least ninety days.
Motorcycle Accidents are Handled Differently
Motorcycles are not covered by "no fault" policies and are not subject to the "serious injury" limitation. There are no caps on the damages a motorcycle driver or rider can receive in New York, but fault is considered in motorcycle accident cases. The insurance company will look at "comparative negligence," the percentage of responsibility each driver shared in causing the accident.
Contact Us
To learn more about how New York auto accident insurance laws affect you, contact Powers & Santola online or call us toll-free at 866-689-9692 to schedule a free initial consultation with an experienced upstate New York motor vehicle accident lawyer.
