Insurance Claims After a New York Car Accident 

New York State is a no-fault insurance state; after a New York motor-vehicle accident, the applicable no-fault insurer is generally responsible for paying for its own insureds’ “basic economic loss.” This can include medical expenses, lost wages, or other reasonable and necessary expenses up to $50,000. This may include medical expenses and lost wages, among other things.  

Because “basic economic loss” is paid by the no-fault insurance carrier regardless of fault, New Yorkers who also want to assert a claim for pain and suffering must generally show a “serious injury” as that term is defined by law. A “serious injury” is a personal injury that results in:

• death; 
• dismemberment;  
• significant disfigurement;  
• a fracture;  
• loss of a fetus; 
• permanent loss of use of a body organ, member, function or system; 
• permanent consequential limitation of use of a body organ or member; 
• significant limitation of use of a body function or system;  
• or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. 

While some of these categories require little explanation, others certainly do. For example, how does one differentiate a “significant limitation of use” from an insignificant one? This is obviously a factually sensitive issue, but fortunately some courts have identified guideposts. An experienced attorney can explain them.  

After a car accident that requires various insurance claims, some may wonder if claims will raise insurance premiums. In reality, those injured in a car accident should seek to assert all insurance claims that can maximize their recover for pain and suffering which, as in the case of an uninsured motorist (“UM”) claim, may entail a claim against one’s own insurance company. Premiums that have been paid through the years may now afford critical insurance coverage.  

Different insurance claims are subject to different time limitations and requirements. The attorneys at William Mattar, P.C. can help people assert claims for bodily injuries, including pain and suffering, after car accidents. This can include claims against the at-fault motorist and their insurance company, as well as claims with the injured person’s own insurance company in the case of an uninsured motorist (“UM”) or supplementary uninsured/underinsured motorist (“SUM”) claim.  

Hurt in a Car? Call William Mattar

Our car accident injury lawyers are dedicated to helping people throughout New York State get maximum compensation for pain and suffering. If you have questions about insurance claims against the at-fault driver, the injury attorneys at William Mattar, P.C., would be happy to review your case to see if they can help.  Call our office at (844) 444-4444, or fill out our free initial consultation form today.