What’s Your Personal Injury Claim IQ?
Everybody’s a
“know-it-all” when it comes to personal injury claims. Even people that are
lucky enough to never have an accident claim to know everything. Everybody has
a friend that slipped on a banana peel and collected a million dollars or an
uncle that drove his car into a tree and retired on the proceeds on his
personal injury settlement. The reality is that nobody collects anything unless
they can prove that they were badly hurt as a result of somebody else’s
carelessness or recklessness. Let’s see if you know as much as you think.
It’s a “No-Fault” Claim
No. “No-fault”
refers to the “Personal Injury Protection” that’s required in New York, and
many other states, that provides coverage for most people involved in traffic
accidents, regardless of fault. You’re entitled to no-fault benefits even if
you drive your car into a tree, and that’s why they call it “no-fault.” A
personal injury lawyer in NYC is not a “no-fault” attorney because you must
prove that the accident was somebody else’s fault to make a claim.
If You’re Hit By An Uninsured Car, You’re Out of Luck
No. If you’re
involved in an accident with an uninsured vehicle, you have an uninsured
motorist’s claim. If you are a driver or a passenger, you can file an uninsured
motorist’s claim against the insurance policy for that vehicle. Pedestrians hit
by uninsured cars can make a claim against their own vehicle or any vehicle
owned by a relative in their household. If there’s no car in the household, the
Motor Vehicle Accident Indemnification Corporation (MVAIC) will cover the loss.
Sadly, many people just assume they can’t make a claim with even calling a
Queens, Bronx, Manhattan, Staten Island or Brooklyn car accident attorney.
You Can’t Sue Unless You Have a Serious Injury
Yes. New York
law limits claims for pain and suffering to people that have sustained a
“serious injury.” Generally, you need to have at least a fracture, a
disfiguring scar, 90 days out of work and/or “severe limitations of use of a
body part or function” to make a claim. Insurance companies will often pay
“nuisance value” for claims that don’t meet the threshold, but if litigation is
commenced, the judge can dismiss the case. The best way to find out if your
claim meets the threshold is to speak to an experienced personal injury lawyer NYC.
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