If you get in a car accident, it’s essential that you understand how the insurance claims system works and the ways insurance companies try to reduce your compensation. With the proper knowledge and legal support, you can recover the money you need and deserve after an accident.
How Does No-Fault Auto Insurance Work in Central New York?
New York is a no-fault auto insurance state, meaning that, under most circumstances, all injured drivers file insurance claims with their own providers regardless of who caused the accident. The primary exceptions to no-fault auto insurance are motorcyclists and pedestrians. Pedestrians file their insurance claims with the auto insurance provider of the vehicle that struck them, and motorcyclists may have to file a third-party claim based on fault.
For those covered by no-fault insurance, the auto insurance provider will cover the first $50,000 of your basic economic losses under your personal injury protection (PIP) coverage. Basic covered expenses include medical bills, lost wages, and other reasonable and necessary expenses. You can purchase additional coverage.
If your basic expenses exceed your PIP policy limits, you can file a claim with the other party’s insurance carrier for any remaining basic expenses.
What Deadlines Do I Have to Meet When Filing a Car Accident Claim?
When filing a no-fault car accident claim with your auto insurance company, you must meet certain deadlines for your claim to be valid. The three primary deadlines are:
- You must submit a written notice of your claim within 30 days of the accident.
- You must submit the medical bills for which you’re seeking compensation within 45 days of receiving them.
- You must submit your claim for lost wages within 90 days.
How Long Does the Insurance Company Have to Investigate My Claim?
After you submit your written notice, the insurance company must also meet deadlines. The first deadline outlined in 11 NY Comp Codes Rules and Regs section 216.5 is that the insurance company must begin its investigation within 15 days.
11 NY Comp Codes Rules and Regs section 216.6 adds additional deadlines for the insurance company, such as giving it 15 days to complete its investigation unless it provides written notice explaining why it needs additional time.
In some cases, the insurance company may try to stall in the hopes that you will give up on your claim. If this happens, a car accident lawyer can help you seek the compensation you deserve.
How a Lawyer Can Help Secure a Fair Settlement
When investigating your claim, the insurance company will look for ways to reduce its liability. This may include arguing that your medical treatments aren’t reasonable or necessary or disputing the cost of any medical treatment you received.
A skilled car accident attorney can help you secure the full amount of compensation you are owed by negotiating for a fair settlement from the insurance company. Our attorneys have extensive experience handling car accident cases and dealing with insurance companies, so we can accurately assess the value of your claim and push back against the insurance company’s tactics.
When Can I File a Lawsuit Against the At-Fault Driver?
Despite New York’s no-fault auto insurance, you can still file a lawsuit against the driver who caused your injuries under certain circumstances. Specifically, you can file a personal injury lawsuit if you suffered a “serious injury.”
The law defines a serious injury as one that results in:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body part
- Permanent consequential limitation of use of a body part
- Significant limitation of use of a body function
- A medically determined injury or impairment that impairs your ability to perform your daily activities for at least 90 days
Contact Our Syracuse & Central New York Car Accident Lawyers
If you suffered an injury in a Syracuse car accident, contactCDH Law PLLC for a free initial consultation with one of our experienced injury lawyers. We’ll review your case, explain your options for seeking compensation, and answer any questions you have about the auto insurance claim process.