New York Car Accidents Attorneys
If you suffered injuries in a car accident or any type of motor vehicle crash, it is important that you know what your rights are. After an accident you should first and foremost get medical assistance; this is important because usually the full impact of injuries is only known after some time has passed and you need a thorough check-up from an emergency doctor or medic. Once you have visited the doctor you should immediately contact a lawyer who is an expert with New York car accident cases to preserve any and all claims and benefits. Your lawyer will not only help you navigate New York State’s No-Fault insurance laws but will also advocate on your behalf for any additional monetary recovery for any injuries sustained.
At Linden Law, we fight to maximize your recovery in claims of pain and suffering, loss of enjoyment of life, loss of earnings, and the loss of services by you or your spouse.
If you’ve been the victim of a car accident due to someone else’s negligence contact Linden Law LLC immediately. We handle cases involving:
- Rear End Collisions
- Intersection Collisions
- T-bone collisions
- Drunk driving accidents
- Sideswipe Accidents
- Failure to Stop at Stop Sign
- Failure to Stop at Red Light
- Sideswipe Collisions
- Pedestrian knockdown accidents
At Linden Law, our team members will start work immediately on your car accident case by preserving all evidence and investigating your case. The New York car accident lawyers at Linden Law LLC, approach every case aggressively, in order to maximize your recovery from the insurance companies responsible for compensating you for your injuries. Call Now the top accident lawyers in NYC at 212.804.8440 for more details and regarding Linden Law services and your rights.
Bodily Injury Claims vs. No-Fault Benefits
Firstly, It is important to point out, that there are two aspects to every car accident claim. Bodily Injury claims and No Fault claims. For a bodily injury claim, you are seeking for compensation for the actual injuries that you have sustained. This includes the pain and suffering, loss of enjoyment of life, loss of earnings, any unpaid medical expenses or out of pocket expenses, and your lost services at work or your spouse’s in case you are filing on behalf of your spouse. When making a bodily injury claim, you are seeking recovery not just for your past injuries and damages but also for any future damages as well.
New York is a No-Fault insurance state. No-Fault insurance means that each driver’s own insurance company is responsible for the initial medical benefits, and lost wages of not only the driver but also all passengers in the vehicle regardless of who is at fault. If you are a pedestrian that is struck by a car, that car owner’s insurance company will be responsible for your initial benefits as well.
Requirements for Obtaining No-Fault Benefits
New York State requires each vehicle on the road to hold a No Fault Insurance policy limit of at least $50,000 per injured person. In order to recover No-Fault Insurance benefits the law requires:
- A No-Fault Application (form NF-2) to be filed within 30 days of the date of the accident. This application is to be filed with the insurance company of the car that you were either driving or a passenger in at the time of the accident.
- Receive a claim number from the applicable insurance company that will be covering your No Fault Benefits. This claim number must be provided to all medical providers, including hospitals even if you were seen by these medical providers without providing them with your claim number in the past or even if you were treated under your own personal health insurance.
- If you lost time at work and are claiming lost wages as a result of the accident, you are entitled to up to 80% of your salary capped at a maximum of $2,000 per month. To receive compensation for lost wages, your employer must provide the insurance company with an Employer Verification Form (form NF-6) which will verify your employment as well as your salary before the accident. Additionally, you must provide the insurance company with written proof from your doctor that you are unable to work.
- Lastly, after receiving the No-Fault benefits, you will be sent a notice by the insurance company for an Independent Medical Examination (“IME”). This is a medical examination where the insurance company has a non-treating doctor examine you to determine whether you remain eligible for No-Fault Benefits. It is necessary to attend these appointments as failure to attend can result in a full denial of your No-Fault claim.
At Linden Law LLC, we understand the many obstacles and detailed steps within the system that might hinder your right to No Fault benefits so in order to ensure and maximize your benefits we are there to help you navigate the steps and complex system.
At Linden Law LLC our New York City personal harm attorneys understand that compensation for rights in a No-Fault state is a complicated and a lengthy process. We know that you need compensation for the car accident. You may contact a car accident lawyer at 212.804.8440 right now to know more about us and if you need any further assistance.