FAQs About Bus Accidents In NYC

Do I need an attorney to handle my claim?

No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our legal team has decades of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.

How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.
Can I bring a claim even if the bus driver wasn’t 100% at fault?
Yes. New York law follows the pure comparative negligence rule which states that an injured party will receive compensation for their injuries from defendants in proportion to the percentage of the defendants contribution to the accident. For example, if a jury believes that the bus driver is 90% at fault but some other factor (possibly another driver) is 10% at fault the insurance company for the bus driver is responsible to pay 90% of the claimant’s damages.
Do I have to pay any legal fees if I lose my case?

No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.

How much is my case worth?

If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.

How long will it take to settle my case?

Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.

How will my medical bills get paid?
If you were a passenger on a bus that is involved in an accident but have a car insurance policy of your own, or you live with a family member who has car insurance, No Fault Insurance Law requires your insurance or your resident family member’s insurance to pay your bills even though the car wasn’t involved in the accident. If you don’t have a household automobile insurance policy then the insurance company for the bus is responsible for the bills. However, you must file a No Fault application with the insurance company within 30 days from the date of the accident, if you fail to do so you have waived your right to file the claim for benefits.
Does No Fault pay for anything else?
Yes. No Fault will also pay for lost wages, prescription costs, transportation to medical providers, and reasonable expenses for household services.
Can anyone sue to collect for pain and suffering if they were in a bus accident?
No. New York follows the rule of No Fault which states that you can only bring a successful claim if you have sustained a serious injury as defined by the New York State Legislature. This law significantly restricts an individual’s ability to collect money for pain and suffering.
What is the legal definition of a serious injury?
A serious injury has been defined as death; dismemberment; significant disfigurement; 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.
How will I know if my injuries will be considered serious?
Many of the injuries sustained in drunk driver automobile accident cases become progressively worse with time so it is difficult to determine shortly after the accident. However the drunk driver accident attorneys at Kaplan Lawyers PC recommend that you retain an attorney immediately so that all filings are completed to protect your rights and ensure that you receive the compensation that you are entitled to.

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