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The Beynenson Law Firm

In this article, you can discover:

  • Why you should never assume that your car accident claim isn’t worth pursuing.
  • What you can do to protect your claim if you’ve been in an auto accident.
  • How liability affects your eligibility for compensation in New York.

What Are The Common Misconceptions People Have About Minor Car Accidents? Should You File A Personal Injury Claim In New York?

There are many misconceptions that people have about car accidents — especially those that are relatively minor and don’t result in severe injury.

But in any accident, it’s important to keep in mind a number of factors that come into play…

  • Medical Coverage

Medical coverage is a major concern for almost anyone involved in an accident. With the rising cost of healthcare in the U.S., it’s common for people who have been in an accident to be more concerned about affording medical attention than they are with actually getting the care they need.

Fortunately, New York law requires insurance companies to provide coverage for medical care – no matter who was at fault for your accident.

This provision does, however, come with some complications. Among other requirements, you must notify an insurance company of your accident within 30 days of its occurrence. What’s more, special procedures must be followed for a notice to be considered valid – this is just one of many reasons why people often choose to work with an auto accident injury lawyer.

  • Assessing Liability

It’s not uncommon for people to think that only one person can be at fault for a car accident. This is far from the truth.

New York is a comparative negligence state. This means that the state’s laws recognize that a person can be partially responsible for an accident and still be eligible to recover a portion of compensation for their damages.

If you believe that you may be partially at fault for your accident, don’t lose hope – and don’t admit fault to any insurance providers. While you may still be able to recover damages, your liability will be a key aspect of the value of your claim. Especially in these scenarios, it’s best to contact a car accident attorney as soon as possible.

  • The Severity Of Injuries

People often think that they are only eligible for compensation when their injuries are severe. In reality, you don’t need to have suffered catastrophic harm to recover damages in a personal injury claim.

  • The Damage To Your Vehicle

If you think that you may not be entitled to recovery for your losses because there wasn’t significant damage to your vehicle – you may want to reconsider.

It’s not uncommon for a car to sustain minor damage, while the driver and other occupants suffer from serious injuries.

  • Uninsured & Underinsured Motorists

Compensation isn’t limited to people who have been involved in accidents with insured drivers. In fact, many auto insurance policies include coverage for uninsured or underinsured motorist (UM/UIM) claims.

Even for those without UM/UIM coverage in New York, there are likely to be other options for recovery. The best way to find out if your case qualifies for coverage is to speak with a personal injury attorney with experience handling these claims.

If Someone Is Injured In A Minor Car Accident In Nassau County Or Queens County New York, What Steps Should They Take To File A Personal Injury Claim?

  1. You should call the police and file a report on the scene.
  2. If you can’t call the police, you should file a police report within 24 hours of the accident.
  3. If you are able, you should document the scene of the accident with photos and videos, and obtain contact information from any witnesses.
  4. You must notify the insurance companies of every vehicle that was involved in the accident.
  5. You must notify your insurance provider of the accident to trigger a no-fault claim and medical coverage.

I Was Partially At Fault For My Minor Car Accident In Nassau County Or Queens County New York. How Does This Impact A Personal Injury Car Accident Claim?

In the state of New York, personal injury claim liability exists on a spectrum. If it appears that both parties were partially at fault for an accident, the first issue in the injury claim would be to determine what percentage of liability both parties were responsible for.

Therefore, liability may be 20% the fault of one party and 80% the fault of another. Or, 100% the fault of one party and 0% the fault of another.

The percentage of liability is important because it directly impacts the amount of compensation that either party may be able to claim.

For example, consider that your auto accident claim is valued at $100,000. If you are found to be 20% at fault for an accident, the total value of your claim would be reduced by 20%. Therefore, you could recover 80% of the claim’s total value, or $80,000.

Whether your case is settled or eventually goes to trial, liability is a key factor of your eligibility for compensation. In settlement scenarios, your liability is factored into the amount you may be offered. While at trial, a jury would decide what percentage of liability each party holds, and then the amount of recovery is proportionally reduced for each of the parties.

For more information on Auto Accidents In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 588-6224today.

Alek Beynenson, Esq.

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(516) 588-6224

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