Should I File a Lawsuit After a Car Accident?
With dedicated legal advocacy, most auto accident claims are settled with the liable insurance company. New York no-fault laws, which require drivers to carry a minimum of $25,000 in personal injury protection (PIP) insurance, might also provide sufficient coverage for any medical expenses and lost wages incurred after a car crash.
However, sometimes pursuing justice requires filing personal injury litigation. This often occurs when the other driver’s insurer refuses to accept liability or offers lowball settlements in bad faith. A Buffalo car accident lawyer might help you understand when it’s time to negotiate and when it’s time to litigate.
Statute of Limitations for Filing Car Crash Lawsuits in Buffalo
If a negligent driver struck you on I-190, NY 5, US 62, or any other New York roadway, you must file personal injury litigation within three years of the accident. Claimants who have not received sufficient personal injury compensation might need to sue if this deadline is approaching.
Insurers are not required to settle auto accident claims after three years, as you cannot challenge liability and threshold injury determinations once the statute of limitations expires. An experienced Buffalo personal injury attorney might recommend filing a car accident lawsuit if you haven’t received a settlement and it’s been nearly three years since the accident.
Challenging Liability Determinations and Low Settlement Offers
Legal professionals often recommend filing a car crash lawsuit if the negligent driver’s insurance company refuses to accept its fair share of accident liability. The other driver might refuse to admit fault, and without sufficient video evidence or witness statements, it can be hard to determine who’s responsible for the collision. The liable insurer might only offer you a partial settlement based on available evidence. In such cases, an attorney might sue the negligent driver in court and ask the judge to determine liability. Many cases will settle once the judge makes this decision without the need for a lengthy jury trial.
Your lawyer might also file personal injury litigation if the insurance company accepts liability but refuses to offer a fair settlement. This often occurs if the company challenges the seriousness of your injuries. Liability insurers commonly use this tactic to avoid paying out their insurance policies. Reject low settlement offers and speak with an attorney about requesting judicial intervention.
Understanding the New York Serious Accident Injury Threshold
Because New York is a no-fault state, insurers may refuse to offer payment by claiming your injuries do not meet the state’s serious injury threshold. To obtain bodily injury compensation or file car accident litigation in Buffalo, you must show that you sustained one of the following serious injuries under N.Y. Insurance Law § 5102:
- Fracture
- Dismemberment (amputation)
- Disfigurement (burns)
- Miscarriage
- Permanent loss of a bodily organ, function, or system
- Significant limitation of use of a body function or system
- Serious disability for at least 90 days in the 180 days following the accident
- Death
You might also file personal injury litigation in Buffalo if you incurred over $50,000 in economic damages. Insurance companies often deny motor vehicle collision claims on no-fault grounds, forcing your personal injury lawyer to file litigation to prove you suffered a threshold injury.
Contact a Buffalo Car Accident Attorney to Discuss Filing a Lawsuit
We offer free case consultations after Buffalo car crashes. Discuss the best option for obtaining compensation following your motor vehicle accident with a skilled Buffalo personal injury lawyer from the Steve Foley Law Firm. To schedule a consultation, call (716) 356-4432 or contact us online today.