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Car accidents can cause painful injuries, lost earnings, medical expenses as well as other losses. Let a Bronx car accident lawyer explain what you need to do to win your car accident case.
While some car accidents result in little to no harm, others are far more serious. In fact, some accidents cause property damage, lost wages, medical bills, serious personal injury and even wrongful death.
The first thing you must prove to win a car accident case is that the other driver caused the accident, at least to some degree. This is called proving liability. This can be done by showing that the driver violated New York’s Vehicle and Traffic Law or that the driver simply failed to drive as would a reasonable driver under similar circumstances. This can mean, for example, that the defendant driver went through a red light, struck another vehicle from behind or was drunk driving.
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Another important factor to consider when proving liability in a car accident case, is your role in the accident. For example, were you: a driver, a passenger, a pedestrian, riding a bicycle, riding a motorcycle or a passenger on a bus. This is important because your legal obligation may be different depending on what you were doing at the time of the accident. In fact, if the jury finds that you fell short of your legal obligation, you award will be reduced by your percentage of fault for causing the accident under the rules of comparative negligence.
In addition to proving liability, you must also prove your injury is a “qualifying injury” under New York State Insurance Law 5102(d). If you do not have a qualifying injury, you are not entitled to money damages for your pain and suffering. This law, which is known as the “serious injury law” is usually heavily litigated because so many of the “qualifying injuries” listed under the law are vague. Ultimately, the court will review your medical treatment, diagnostic testing, and the opinion of your doctor to determine whether your injury is sufficient to meet this threshold requirement.
Every car in New York State is required to have No-Fault insurance coverage. This insurance will cover hospital, medical and other expenses related to the accident. To apply for these benefits, you must file a No-Fault Application Form, with the correct insurance company within 30 days of the accident – that’s it. Once this is done, you are eligible for up to $50,000 in medical, hospital and related expenses – sometimes more.
In addition to getting your medical and hospital bills through No-Fault Insurance coverage, you can also file a claim for lost earnings. You can make a claim for lost earnings whether you are an employee or self-employed. The proof necessary to prove each claim is, however, different. Click here to find out more information about filing a claim for lost earnings under No-Fault insurance.
In addition to No-Fault Insurance, New York State law requires that every car also have liability insurance coverage. This insurance covers the “pain and suffering” part of the claim. Sometimes, a person can be involved in an accident with a hit and run driver or uninsured driver. This law protects people involved in these types of accidents by requiring insurance companies to provide mandatory insurance coverage for hit and run and uninsured accidents.
Additionally, even when there is no other available insurance coverage, your claim may still be covered by New York’s Motor Vehicle Accident and Indemnification Corporation, or MVAIC as it is commonly known. This insurance covers No-Fault benefits, as well as claims for pain and suffering under certain limited circumstances.
If you have any questions concerning your car accident, call our office at (718) 364-4000, or simply fill out a case intake form and one of our attorneys will get right back to you.
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