How to File a Car Crash Claim in New York
It is essential to file a claim quickly when you're involved in a car crash. This will make the process easier and will help you get compensation.
The longer you put off when you submit your claim, the more likely the other driver's insurance company is to refuse to pay or pay lower than it should.
Damages
A claim for a car crash can pay for the financial cost of your injuries. These damages could include medical bills along with lost wages, the pain and suffering. If you were at fault for the accident, you could be entitled to compensation to repair or replace your vehicle.
When determining how much your car accident compensation should be, the attorney you choose will be able to estimate the economic and non-economic damages. Intangible injuries like mental distress, emotional trauma and PTSD can have a significant impact on your life and should be included in your claim.
The amount of money you are entitled to to cover your mental and physical suffering will depend on the severity of your injuries as well as the type of liability insurance coverage you can avail and the expertise of your NYC car accident lawyer. Typically the damages that aren't measurable by financial means like intangible damage or psychological trauma, are more difficult to value and this is the reason insurance companies seek to diminish them.
Your NYC car accident lawyer will carefully examine your claim and determine the exact dollar amount you must pay to cover these intangible expenses. They will assess the extent and severity of your injuries and the prognosis for your future suffering and pain.
If you're unable to pay for any of the costs associated with the injury under your own insurance policy, then you should consider making a personal injury claim against the other driver who caused the accident. This is usually the only way to receive an equitable settlement for your medical costs, property damage and other expenses.
If your damages are covered by your insurance policy or third party insurance, the sooner you file a claim, the more favorable. The insurer will send an appraiser to the scene to evaluate the extent of your vehicle's damage and the injuries. Then, you can work with them to negotiate a settlement or contest it in court if needed.
You may be able to get additional compensation from the other driver by small claims court. In order to prove their claim the insurance company of the other driver has to submit a claim with witnesses to the court. This process isn't always smooth however it could result in an amount of money being paid by the insurance company of the other driver.
Medical bills
Your medical expenses will likely be astronomical if you're injured in a car accident. Doctor visits in the emergency room will likely be covered by insurance, but you might have to pay for ambulance costs and other medical treatments that aren't covered by your policy.
If you have health insurance your doctor is likely to send a bill to your health insurance company and the insurer should be able to pay that amount. You'll then be responsible for paying the rest of your medical expenses including co-pays and deductibles, which are covered by your policy.
In New York, it is mandatory for all auto owners to purchase Personal Injury Protection (PIP) coverage to help cover your first medical expenses following an accident. Non-PIP coverage holders are able to make a claim through their insurance company to obtain reimbursement for medical expenses.
Your initial medical treatment will be paid for by the at-fault driver's insurance in the amount of their liability coverage limit. However, it can take days or even weeks for the insurance company to complete the claim and issue a payment.
Your insurance provider will also not automatically cover future medical costs once an agreement on settlement or a decision has been reached. Tragos, Sartes & Tragos can assist you with any questions or additional treatment.
An attorney will work with you to ensure that all medical expenses are included in your accident claim. They will gather documents of your medical treatments like the doctor's bill or receipt and collect statements from healthcare providers that confirm they've provided the necessary medical care.
The expenses of your medical bills can quickly mount up, leaving you wondering how you'll cover the cost of treatment. A knowledgeable lawyer who has experience in car accidents at Tragos, Sartes & tragicos will help you understand your options to get reimbursed for the medical costs of your injuries. They can also answer your questions regarding how to pay for your medical costs until the settlement of the claim.
Lost wages
It is possible to recuperate lost wages in the event that you are injured in a car accident. They are usually recouped through no-fault insurance or a personal injury lawsuit against the party who was responsible for the crash.
The easiest method to determine lost wages is to look at how many days the person was off work and add up the amount they would have earned if they worked. This includes tips, bonuses, and other income earned by workers.
However, the process of proving lost wages can be a struggle and even complicated for self-employed persons. This is due to the fact that self-employed individuals have little to no documented background.
Your attorney could request documentation from the employer to prove the loss of wages. This could include a Wage Verification Form. You'll also have to provide check stubs, payroll records , or any other evidence of income loss.
It is an ideal idea for your employer to give you a list of any benefits taken away such as vacation pay or sick leave. These benefits are typically included in lost wages calculations because they can be used to pay for expenses for employees who are not working due to an accident.
You should be able recover the time you taken sick leave, vacation or PTO following an accident. This is because you were required by the accident to take time off from work. It is therefore an appropriate form of compensation.
The lawyer who represents you in a car accident will make use of this information to calculate the loss of wages that you are entitled to receive. This is typically done using your previous and current pay stubs and the tax records of your bank or income which show a decrease of your earnings.
The process of proving the loss of wages can be complicated and document-soaked. This is why it is important to hire an experienced accident lawyer to assist you. A good attorney will defend you and your rights , and ensure that you get the maximum amount of compensation that is possible.
The two most painful aspects of life are suffering and pain
New York law allows you to claim compensation for your pain, suffering, and other damages in a car accident case. This is usually the largest in an injury claim. It encompasses physical and mental suffering and pain.
In order to determine the right amount of money for suffering or pain, lawyers and insurance companies use different methods. They employ the multiplier method , which determines a fixed amount per each dollar of economic loss (medical bills and lost earnings) to the per diem. This assigns a fixed amount for each day you were injured before you make a full recovery.
The multiplier method is the most popular. It involves multiplying your economic damage by a figure ranging from 1.5 to 5. This is usually used when the injuries sustained in your accident aren't severe, but they aren't severe, with minimal recovery time and no permanent disability.
A multiplier that is more for serious injuries will be required. This is because the injuries a victim suffers from suffering and pain are typically more lasting than economic damages.
The emotional trauma caused by the car accident must also be included in a settlement of a car crash. These damages could include PTSD, anxiety, depression and other psychological injuries which can affect a victim's level of living. These issues can also have an impact on the lives and relationships of family members, like a spouse or domestic partner.
A skilled personal car accident lawyers injury lawyer will be able assist you in determining the appropriate amount of money to cover your suffering and pain. They will collect evidence like medical records, witness testimony, and other relevant documentation that proves the seriousness of your injuries.
If your injury is a traumatic brain injury for instance, a doctor's note and an written plan for managing pain could be extremely helpful. A written journal that records how you feel each day can be helpful if your injuries are serious or chronic.
An attorney is the best method to ensure you receive fair compensation for your injuries and suffering after an accident in the car. They will bargain with the insurance company and present evidence to support the case for a fair and reasonable compensation.