An auto accident is scary, and the aftermath of it may present challenges for drivers. What are your options if another driver hits you, but they deny fault? Are you able to pursue compensation for your injuries and other damages?
The team at Elliot Ifraimoff & Associates, PC aims to answer these questions and more. Learn tips from an experienced car accident lawyer in New York if you find yourself in this complicated situation.
Begin the No-Fault Insurance Claim Process
New York is a no-fault state, meaning that drivers should seek compensation from their own insurance provider before another driver’s. The state requires drivers to carry Personal Injury Protection insurance with $50,000 in minimum coverage.
According to the Insurance Information Institute, the average no-fault insurance claim in New York costs $8,690. This is 64% more than the median claim cost nationwide. Having this coverage allows you to recoup some of your accident-related medical expenses and lost wages following a collision.
Don’t delay starting the claims process. Insurance providers set strict deadlines for filing claims and submitting the necessary documentation, such as medical bills and wage verification forms. Missing these deadlines could lead to a denied claim.
Consider Taking Legal Action if Your Injuries Exceed the No-Fault Threshold
The minimum PIP coverage for New York drivers is $50,000, though some opt to pay for additional coverage. What if you have the minimum coverage but the scope of your damages exceeds $50,000? It may be time to consult a car accident lawyer in New York about filing an auto accident claim against another driver.
According to a study published by the Association for the Advancement of Automotive Medicine, neck sprains are more prevalent than any other injury, affecting 33% of accident victims. In extreme cases, car accidents can cause bone fractures, disfigurement, and substantial disabilities lasting more than 90 days. These are some of the criteria that New York uses to define a “serious injury.”
If your case meets any of the state’s serious injury criteria, you can file a personal injury lawsuit against an at-fault driver. Say you’re involved in a head-on crash with a distracted driver, which leads to a car fire that burns a significant portion of your body. This would be considered disfigurement and may give you grounds to sue the other driver for damages.
When your injuries exceed the serious injury threshold, you can seek compensation from a third-party insurer in addition to your no-fault claim.
Gather Evidence With the Help of a Personal Injury Attorney in New York
How can you prove that another driver was at fault despite their denying any negligence? Together with a car accident lawyer in New York, you can gather evidence to help with fault determination. The following pieces of evidence may be critical for proving driver negligence:
- Police accident reports: Police reports play a key role in understanding motor vehicle crashes. Officers include various information in these reports, including the date, time, and location of the crash, as well as road conditions.
- Witness statements: People who witness the accident can give their account of what happened to potentially settle liability disputes.
- Surveillance footage: Dashcam videos or footage from nearby security cameras could capture the crash in detail.
- Medical records: Your medical records give insight into your injuries and the type of accident that may cause them, such as whiplash symptoms following a rear-end collision.
- Property damage photos and estimates: Photos from the crash scene and estimates of property damage may also support your claim.
- Accident reconstruction visuals: When you hire a personal injury attorney in New York to help determine car accident liability, they may reach out to a reconstruction professional. Recreating the accident scene could help legal teams build a compelling case against the defendant.
A thorough investigation is the key to determining liability in a car accident, especially when the other driver denies fault. Establishing fault can influence how legal teams approach negotiations. The Law Dictionary reports that 95% of personal injury cases end with a pre-trial settlement, though if your case goes to trial, it could take several more months or even years to resolve.
Consult an Auto Accident Lawyer in Queens, NY, Today
If an at-fault driver won’t admit responsibility for causing a crash, you can still move forward with filing a car accident claim. At Elliot Ifraimoff & Associates, PC, we represent crash victims and advocate for their compensation. Let our personal injury attorneys guide you through the claims process and build a compelling case.
We have years of experience handling car accident claims and representing clients in court, if necessary. Schedule a free consultation today to discuss your options with a legal professional. Submit our online contact form or call (718) 205-1010 to get started.
Preguntas frecuentes
Do you still have questions for our auto accident lawyers in Queens, NY? We address common client inquiries below.
Why Would a Negligent Driver Deny Fault in an Accident?
Drivers typically deny fault because of potential insurance consequences. Admitting fault and responsibility in an accident may cause their insurance premiums to increase or restrict them from some insurance payouts.
How Is Suing a Driver Different From Filing a No-Fault Insurance Claim?
Suing another driver could potentially mean receiving an insurance settlement that covers your medical expenses, lost wages, property damages, and even emotional distress. PIP insurance coverage only grants claimants medical expenses and 80% of their lost wages, up to the policy’s limit.
How Can I Find a Reliable Car Accident Lawyer in Queens, NY?
Ask loved ones to recommend a car accident lawyer in Queens, NY, or conduct online research. Look for attorneys with ample experience handling similar cases and a successful track record.
Do I Have To Pay a Car Accident Lawyer Up Front?
No. Many car accident lawyers in New York, including attorneys at our firm, operate on a contingency fee basis. We won’t charge clients unless they receive legal compensation for their claim.