Car accidents are a distressingly common occurrence in the Empire State, with car accident fatality rates rising significantly in recent years. Even a minor accident can cause serious injuries that can put you out of work and leave you stuck holding exorbitant medical bills. In the aftermath of a serious accident, it can be hard to know what to do to get relief.
If you have sustained an injury in a car accident in Boston, NY, contact the attorneys at Fessenden Laumer & DeAngelo, PLLC, today. Car accident victims can recover compensation for their injuries by making a car accident claim. We understand the difficulties an injury can create and will represent you while we pursue the compensation you are entitled to from the person whose negligence or misconduct injured you.
Contact our firm today to speak to a motor vehicle accident attorney serving Boston.
New York is one of a dozen states in the U.S. that uses a no-fault car insurance system. In a no-fault system, you file a claim with your own insurance company after an accident, regardless of who is at fault. New York auto insurance policies come with personal injury protection (PIP) coverage that pays for medical bills, lost income, and out-of-pocket expenses after a car accident.
The main benefit of this kind of no-fault system is that injury victims don’t have to determine who caused the accident to receive compensation. PIP coverage in New York should apply to the car’s driver/owner, anyone with permission to drive the car, and passengers. PIP coverage also applies to pedestrians and cyclists if you hit them with your vehicle.
What Losses Will PIP Coverage in New York Pay For?
New York law requires drivers to carry a minimum of $50,000 in no-fault PIP coverage in addition to equal amounts of liability and uninsured motorist coverage. After an accident, PIP coverage on your auto policy will pay for:
Keep in mind that most auto insurance policies won’t let you use PIP coverage if you were driving drunk or committing a felony when the accident occurred. PIP coverage will also not cover property damage or damage to your vehicle.
One significant disadvantage of PIP coverage is that it will not cover non-economic losses, such as pain and suffering. Additionally, the $50,000 minimum limit may be insufficient to fully redress your medical bills and other economic losses, especially considering the catastrophic injuries a serious car accident can cause.
Fortunately, New York allows injury victims to step outside of the typical no-fault system and recover compensation directly from the at-fault driver if:
In this way, you can recover more than your basic losses after a car accident.
New York law prevents you from suing the at-fault driver in a motor vehicle crash unless you sustain a serious injury. Section 5102(d) of New York’s motor insurance regulations defines a serious injury as one that involves:
The onus is on the injured person to prove their injury meets the serious injury threshold when pursuing compensation. If your injury involved any of the above conditions, you can file a claim or lawsuit to seek money from the at-fault party for your complete range of accident-related losses.
New York’s statute of limitations for car accident lawsuits gives the injured person three years to file. Generally, the deadlines start counting from the day of the accident. However, there are a few exceptions. For example, if your injuries were not immediately detectable, the three-hour period will start counting from when you received a diagnosis.
The statute is also different for wrongful death claims. If one of your loved ones has died due to injuries from a car accident, you have two years from the date of death to file a wrongful death action. Note that the limit is two years from the date of death, which may not be the same as the accident date.
Insurance companies are notorious for being difficult when managing claims. This is still true even if you are running a claim through your own insurance company. Aside from all the filing requirements and deadlines, they might dispute your injuries and try to underpay you.
That’s where an attorney comes into the picture. Personal injury attorneys like the partners at Fessenden Laumer & DeAngelo, PLLC, can take the helm during the claims process and handle all the legal legwork. We can gather all your medical documentation, obtain police and medical reports, investigate the accident scene, and organize your expenses so you know exactly how much money you need. We can also negotiate settlements with the insurance companies in pursuit of a fair deal.
Moreover, if you decide to sue the at-fault driver for an accident they caused in Boston, you need someone who can pursue your claim and counter any attempts on the part of the at-fault party or their insurer to deny fault. Lawsuits can be a lengthy and resource-intensive process, but an accomplished auto accident attorney can hold the line and fight for your due compensation.
Our attorneys at Fessenden Laumer & DeAngelo, PLLC, have decades of collective experience going to bat for injury victims in Boston and nearby New York communities. We understand that one-size-fits-all approaches to personal injury claims are insufficient, so our small but dedicated firm provides a personalized experience. We have helped thousands of families receive justice and closure through our tireless legal advocacy and will explore every potential legal strategy to do the same for you.
Send us a message online or reach out by phone at (716) 484-1010 for a free case consultation with a car accident injury lawyer serving Boston.
You can use these directions to reach our Jamestown office from anywhere in the state.
From the North:
Head south on NY-60 S toward Jamestown. Continue on NY-60 S until you reach the intersection with Forest Ave. Turn left onto Forest Ave, and 81 Forest Ave will be on your right after a few blocks.
From the South:
Head north on US-62 N toward Jamestown. Continue on US-62 N until it becomes E 2nd St. Turn right onto Forest Ave, and 81 Forest Ave will be on your left.
From the East:
Take I-86 W/NY-17 W to the Jamestown exit (Exit 12). Follow signs for NY-60 N/Jamestown. Continue on NY-60 N until you reach Forest Ave. Turn right onto Forest Ave, and 81 Forest Ave will be on your right.
From the West:
Take I-86 E/NY-17 E to the Jamestown exit (Exit 12). Follow signs for NY-60 N. Continue on NY-60 N and turn right onto Forest Ave. 81 Forest Ave will be on your left.
