No-Fault Claims vs. Lawsuits for Auto Accidents

Have you been injured in an auto wreck in New York? If so, you may be wondering about whether you should file a no-fault claim with your own insurance company, or whether you should try filing a lawsuit to recover your losses.

There are some laws regarding when you’re able to file a lawsuit for an auto wreck in New York, so you may want to learn more about no-fault claims vs. lawsuits for vehicle crashes.

Also, if you need to file a case of any kind, whether you need assistance with a no-fault claim, or you want to file a lawsuit, you may want to hire an experienced no-fault accident attorney to help you with your claim.

Personal injury laws are complicated and it’s best to have legal assistance to ensure you receive what you’re after—fair compensation for your car accident.

What are the No-Fault Laws in New York?

When you’re hurt in an accident in New York, you will most likely need to file a no-fault claim with your own insurance provider. Your insurance is meant to cover your losses, up to the policy’s limits, regardless of who was at-fault for the automobile collision.

This can be tricky though so you need to be careful, even when dealing with your own insurance company. They will still want to pay you the bare minimum they can get away with. Having a lawyer assist you when filing a claim is usually a good idea.

When to File a Lawsuit for a Car Accident?

Many auto accidents can be handled under the no-fault system, but sometimes your injuries will be very serious and your losses will far exceed your no-fault policy’s limits. That’s when you are permitted to file a lawsuit or personal injury claim against the person(s) responsible for the crash and your injuries.

Filing a claim may seem intimidating, but a good attorney will know how to handle all the steps in proving that you’re owed compensation for an accident you didn’t cause.

What are the Types of Damages You Can Receive for a Vehicle Wreck?

When you file a no-fault claim with your own insurance company you can be compensated for things like your medical expenses and the loss of your wages. Depending on your insurance policy, you may have coverage for property damage as well.

With a personal injury claim you can receive additional damages. For instance, if you are permanently disabled and unable to work, you can receive compensation that is intended to provide you with an income for the future.

Here are additional damages you can request when filing an injury claim with the at-fault party’s insurer:

  • Pain and suffering damages
  • All medical expenses
  • Compensation for mental anguish
  • Loss of life enjoyment
  • Mental health treatment and physical therapy
  • Cost of caregiving services

Hopefully, this information can assist you in determining whether you should file a no-fault claim or an injury lawsuit. Good luck!

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