I Had a Car Accident? Now What?
One of the most highly litigated fields of personal injury are car accident cases. When you are injured in a car accident you need to act quickly. According to the law you have only thirty days to apply for no-fault benefits and a limited time to apply for supplemental under insured and uninsured coverage benefits known as SUM benefits.
What are no-fault benefits?
No Fault Benefits
These are benefits that can cover your medical bills and a percentage of lost wages by an insurance company. Depending on the circumstances it can be either your insurance company or the negligent driver's insurance company. These benefits will be paid to anyone injured as a result of the car accident. As the name implies No Fault insurance will be paid regardless of fault or culpability. Accident victims should beware that there are strict time limits for filing No-Fault But there arestrict time limits under New York law concerning motor vehicle accidents. If your No Fault application is not filed within 30 days the insurance company will be relieved of paying for any of your medical bills. These applications can be confusing and time consuming. Therefore, it is important to obtain a competent automobile accident lawyer as soon as possible!
Recovery for Pain and Suffering
If you are seriously injured in an automobile accident you may recover for pain and suffering provided that your claim meets the requirements of New York State Insurance Law 5102(d). This statute limits recovery to accident victims that have suffered the following injuries:
- death
- dismemberment
- significant disfigurement
- a fracture
- loss of a fetus
- permanent loss of use of a body organ, member, function or system
- permanent consequential limitation of use of a body organ or member
- significant limitation of use of a body function or system
- or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
In many cases you may not know the extent of injuries after your injury. The tear in your shoulder that requires surgery may not be discovered for several weeks or months. The E.R. physician may have missed the fracture in your wrist. That is why you need a competent automobile accident law firm to monitor your case.
Supplemental :
Sometimes the amount of insurance available is insufficient to compensate you for those injuries. In that case, your own insurance company may provide you with supplemental uninsured or underinsured insurance coverage. This could mean that you are entitled to additional compensation. Insurance companies impose confusing regulations and paperwork, which means that you need a competent automobile accident law firm to help you fill out the proper forms and report your claim to your insurance company.
IF YOU HAVE BEEN INJURED IN A CAR ACCIDENT YOU NEED TO SEEK LEGAL ADVICE IMMEDIATELY.
If you live in the New York Metropolitan area call the Law Offices of Jason B. Kessler at 914-220-1088 or email him at kesslerlawyer@gmail.com.