FAQs About Uninsured And Underinsured Auto 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. However, in order to pursue a claim against your insurance company a notice of intention to make claim must be brought within 90 days from the date of the accident.
Can I bring a claim even if the other 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 in proportion to their percentage of contributing to the accident. For example, if a jury believes that a claimant was 10% at fault the other 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?
Whether you were the driver or passenger in the car your medical bills will be paid for by the insurance company for the car that you were in. 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.

Why does my insurance company have to pay the bills if the other driver caused the accident?
The insurance companies were involved in the drafting of the legislation that created this policy. The benefit to injured parties is that they can get the treatment that they need even if it is unclear who caused the accident because liability will not determine who pays.
Why would the insurance companies want that?
The insurance companies agreed to the legislation because the law also limits access for injured parties to the court system. The statute states that an injured person can’t proceed with a lawsuit unless they have sustained a serious injury as defined by the legislation, which 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 uninsured and underinsured automobile accident cases become progressively worse with time so it is difficult to determine shortly after the accident. However the uninsured and underinsured automobile 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.
How can I get my car fixed?
If you have collision coverage we would recommend that you contact your insurance company and submit a claim under your policy. If you don’t have collision coverage you will have to file a 3rd party claim with the other driver’s insurance company. However, a 3rd party claim can take significantly longer to resolve and the insurance company will try to twist your words against you so we recommend that you speak with a legal professional before contacting the insurance company directly.

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