I Had A Car Accident? Now What?
One of the most highly litigated areas in personal injury law is car accident cases. When you are injured in a car accident you need to act quickly. According to the law you have only30 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?
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 be aware that there are strict time limits for filing No-Fault claims. If your No-Fault applicationis 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. You need a skilled and experienced attorney from The Law Offices of Jason B. Kessler to file a claim for you and negotiate with the insurance company to make sure you receive the maximum monetary compensation possible for you physical injury and emotional suffering.
Recovery for Pain and Suffering
If you are seriously injured in a car accident, you may recover monetary compensation for your 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:
- 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 or use of a body function or system
- a medically determined injury or impairment of a non-permanent nature which prevents the injured person from substantially performing all of the material acts which constitute such person’s daily activities for more than 90 during the 180 immediately following the occurrence of the injury or impairment
Sometimes the amount of insurance that the other driver has is insufficient to compensate you for your 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.
IF YOU HAVE BEEN INJURED IN A CAR ACCIDENT YOU NEED TO SEEK LEGAL ADVICE IMMEDIATELY.