In most states, when a car accident occurs, the victim files a claim with the responsible party's insurance provider. The insurance provider pays the claim, hopefully in full, and the victim moves on to focus on his or her recovery. If unfair compensation is offered, civil claims may be filed against the responsible party and his or her insurance provider in an effort to seek maximum relief. In New York, no-fault insurance laws changes how this process works. It also changes who a car accident injury victim can file a civil lawsuit against in an effort to seek relief for any damages sustained.
In a no-fault car insurance state, when an accident occurs, one has to file a claim with his or her own insurance provider -- even if one has experienced injuries. The only reason a person might be able to file a claim with the other driver's insurance provider is if that driver was responsible and the victim suffered significant injuries that left him or her permanently damaged. If any of the following are the result of a car accident injury, a lawsuit against the other driver's insurance may be possible:
- Partial paralysis
- Full paralysis
- Broken bones
- Significant physical limitations
If one's injuries do not meet the requirements necessary to file claims against the other driver, and one's own insurance provider fails to offer fair compensation, it may be possible to negotiate better compensation terms or file a civil claim against one's own insurance provider in an effort to seek maximum relief. Legal counsel will be able to help decide the best course of action. Just know that no matter how an injury case ultimately gets resolved, it can take time to reach that resolution.
A car accident injury can have a significant impact, personally and professionally. There will be physical consequences as well as emotional and financial losses that can all take their toll. With assistance, those injured in auto accidents in the state of New York can seek fair and full compensation for their losses either in or out of court.