Car accidents are as dangerous as they are common, and if another driver’s negligence leaves you or someone you love injured, the path forward can be especially challenging. The surest means of protecting your rights and obtaining the money damages you deserve to put your rights in an experienced Rochester car accident attorney hands.
No-Fault Coverage
Drivers in New York are required to carry no-fault car insurance, which means they turn to their own policies in the event of car accidents – regardless of who is at fault. This is intended to pay your medical bills and speed up the settlement process, but there are limitations to consider.
Covered Losses
No-fault coverage addresses the following categories of economic loss:
- Medical expenses, including related healthcare needs that are ongoing
- Lost income, including lost earning potential
A no-fault claim does not, however, cover noneconomic damages like physical and emotional pain and suffering the way a personal injury claim against the at-fault driver would. It’s important to note that this category of loss can easily outpace the economic damages that you face.
Exceptions
If you’ve been injured by another driver’s negligence, you can pursue a personal injury claim against the other driver under certain circumstances. It’s important to establish that your injury is a serious injury meaning that your lawyer can establish using objective medical evidence. There are also specific kinds of injuries that automatically qualify as serious, including:
- A fracture or broken bone
- Dismemberment
- Loss of a fetus
- Permanent limitations regarding a bodily organ, function, or system
- Significant disfigurement
In determining how best to proceed, your car accident attorney will assess your case in relation to the circumstances involved.
The Other Driver’s Negligence
Your car accident claim will be based on the negligence of the at-fault driver, and while such negligence can take a range of forms, some of the most common include:
- Failure to follow traffic laws, including speeding
- Distracted driving
- Drowsy driving
- Drunk driving
- Aggressive driving
- Texting
- Tailgating
- Left turns across traffic
FAQs
Can I file a claim against the at-fault driver?
Although New York employs a no-fault car insurance system, there are situations when you can file a personal injury claim against the driver who caused you to be harmed, and a seasoned car accident attorney can discuss your options.
How much does it cost to hire an attorney?
Car accident attorneys work on contingency, which means yours will receive a prearranged percentage of your compensation only if your claim settles or you receive a court award.
Can I wait to file?
In New York, you have only three years to file a lawsuit for most negligence claims including car accidents. The sooner you consult with a car accident attorney, the better protected your rights will be.
Turn to an Experienced Rochester Car Accident Attorney for the Help You Need
The accomplished Rochester car accident attorneys at Steve Foley Law Firm are well-prepared to employ the full force of their experience in pursuit of the compensation to which you are entitled. Learn more by contacting us online or calling us at 716-249-2222 today.