Determining the value of your car accident claim in New York is not always easy. This depends on a lot of variables like how whiplash injuries and pain. What kind of damage your car took? If you lost wages due to an injury.
New York is a no-fault insurance state so regardless of who caused the accident your own insurance is to provide basic expenses that are medical expenses. But if the injuries are serious, you may have the option to pursue compensation from the other driver for not only bodily injury but there could also be an amount to claim for pain and suffering.
There are several other factors to consider. Understanding these many aspects and the laws and regulations, can give you an idea of the type of compensation you could be entitled to from your car accident claim in New York.
Understanding New York’s, No Fault Insurance Laws
New York State has a no fault insurance system. That means, regardless of who caused the crash, your insurance company will pay basic medical expenses and lost wages.
The no fault system was designed to streamline the process of getting you your benefits from your car insurance such as getting reimbursement for medical bills and lost wages/necessary expenses without engaging in protracted litigation over liability and damages.
In lieu of fighting contested liability in court, you will have your no-fault insurance coverage to assist in payment of high immediate costs.
In terms of its no-fault system, although the no-fault insurers cover medical bills, there are limitations on the types of medical bills they will cover.
Your no-fault insurer will pay reasonable medical expenses, lost earnings up to a limit, and other necessary expenses related to the accident under your mandates from the state insurance law, but not pain and suffering or other non-economic damages.
If serious injuries occurred as a result of the accident such as broken bones, a serious disfigurement, or a permanent disability, you may be able to abandon the no-fault system and sue the other driver who was responsible for causing the crash.
In New York, there are extremely rigid and short time limits to make a no-fault claim unless you are granted an extension. In general, you must give notice to the no-fault insurer within thirty days of the accident or you likely will lose your benefits.
There are also contests that a no-fault insurer can raise, as well as notice that will be necessary for you to provide to prove you sustained the injuries and expenses as a result of the accident.
Factors that Affect Car Accident Settlements
When estimating value of your car accident claim in New York, there are many factors. No two accidents are identical and therefore no two settlements will be exactly the same. It may be helpful to understand the factors that can affect your compensation when having reasonable expectations moving forward about your potential settlement.
One of the big factors is the severity of injuries. If the injuries were very minor, perhaps just some bumps and bruises, the claim will be worth less. In comparison, a case in which broken bones or permanent disability were the result of the accident should have a considerably higher value.
Another related factor is the amount of medical expenses incurred as a result of the treatment. More bills and expenses suggest a potentially larger settlement.
There is also the determination of vehicle damage incurred. If the accident led to a total loss of the vehicle, the compensation should allow you to replace or repair the vehicle. There is also non-monetary damages to the vehicle, and therefore to you.
If your vehicle was the only method of travel, and the inability to trip or lack of a vehicle caused you to lose work, this is a very real loss due to an accident.
This continuation takes me to lost wages and future loss of wages. If someone experienced a loss of income due to missed pay checks or the accident, this may be a part of your claim.
If you were lucky enough to recover (eventually) from the accident but sustained some long-lasting effects that would be considered when estimating a loss of future earning capacity this could lead to a significant settlement amount.
Insurance payout for settlements are a factor, too. Utilizing a New York no-fault system, it is possible for individuals to recover basic medical expenses and lost wages from their personal insurance. This would only be the very onset of your case. If you have suffered grave enough injuries, you should be entitled to an additional amount of compensation from the driver’s insurance.
Another factors that can impact claims for settlement is comparative fault. New York is a comparative fault regime, and this means your share of fault in the accident is taken into consideration.
Regardless of any fault you may carry in the accident, you can still recover any amount of compensation; however, your recovery is reduced by your amount of fault, if any. For example, when claims were evaluated, you were considered to be 20% at fault for the crash. The amount of compensation that you would have otherwise been able to recover would be reduced by that amount.
Since every situation is unique never are either claims settlement exactly alike as there are a combination of factors discussed and potentially some discussed hers are unknown. I think it would be useful for you to work with an attorney so that she or he help you to determine the potential value of your car accident claim.
Types of Compensation You May Receive
Car settlements can pay for a variety of losses to help drivers get back on their feet financially after an accident. Medical expenses are likely to be one of the first items accounted for in a settlement.
There are many different medically-related expenses like hospital bills, surgeries, general practitioner and specialist visits, follow-up tests, prescriptions, rehabilitation and other treatment related to the accident. Future medical expenses can also be calculated. This is especially true in the case of long-lasting or permanent injury.
Lost wages are another category of damages that accidents are well known for. If the injuries from the accident keep someone from performing their job duties and responsibilities, they could receive compensation in their settlement for lost wages from work.
Also, if the accident causes long-term disability, the settlement may also include a lost future earnings, which is especially critical for those who may not be able to work in their profession due to the injuries.
Property damage also comprises some of the settlement and claims in many accidents. If a car is determined to be a complete loss as a result of the accident, the owner may receive compensation for the repair or replacement of the damaged vehicle.
Furthermore, personal items damaged in the accident (i.e. phone, laptop, etc.) can also be claimed as part of property damage costs.
In addition to financial losses, victims may also receive compensation for pain and suffering. Pain and suffering consist of both physical and mental agony arising from the accident, and is much more challenging to quantify than medical bills or lost wages.
Pain and suffering is generally based on the following factors in large part: the extent of the injuries suffered by the victim, to what degree were the physical parts of their recover difficult, and to what extent (negative impact) to the individual’s daily life did the accident cause.
Finally, in some claims, loss of consortium can also be included. Loss of consortium refers to the overall effect that health or injuries could impose on the personal relationships of the individual.
For example, if someone were injured in a car accident and therefore unable to fulfill their relationship obligations as a spouse or family member, these factors should be included in the victim’s claim.
Differences Between Economic and Non-Economic Damages
There are two kinds of car accident settlements: economic losses and non-economic losses. Those terms may sound formal but they are really references to two types of losses subjected to compensation.
Economic losses are financial losses suffered by a victim as a result of an accident. Economic losses may be medical expenses, lost wages, and property damage. Pretty much anything that can be reduced to money is an economic loss. It generally has an exact figure so it’s easier to calculate and determine economic losses than it is to put a number on a non-economic loss.
Non-economic losses are losses that can’t be measured monetarily. Non-economic losses might include pain and suffering, mental anguish, and loss of enjoyment of life. Non-economic losses acknowledge that injuries have consequences not quantifiable in a financial sense.
In some evaluations after obtaining a settlement, an injured individual’s well-being and quality of life should be accounted for. An accident affects a victim much more than just in a financial sense.
In New York, both types of losses can be accounted for in cases where an injured person pursues compensation over-and-above the no-fault limit. Economic losses can be proven by providing bills, pay stubs, receipts, totaling them and then showing evidence for a new number.
Non-econonic losses can only be proven subjectively through witness testimony and expert testimony, and then cross-examined.
Both losses can be useful in guiding an injured party’s recovery process. Economic losses can be useful in directing an injured-party in achieving a level of financial recovery, while non-economic losses could contribute to an injured party recognizing the further implications an accident may have had on their overall condition.
Knowing and understanding the differences of both economic and non-economic losses may help an injured party pursue the losses relating to whichever experience they are presently having, wherever they may be in their recovery.
How to Calculate Compensable Pain and Suffering Damages
Compensation for pain and suffering can often be the most challenging part to settle for after a car accident. Pain and suffering damages include emotional, mental and physical expenses related to the accident and, unlike quantifiable medical bills or lost wages, pain and suffering damages are not subject to clear cut number value like these types of damages, making compensation for pain and suffering difficult.
One popular method of calculating pain and suffering damages is the multiplier method, which takes the total economic damages of the injured person; for example, they have $10,000 of medical bills and $8,000 in lost wages.
The $18K dollar sum will then get multiplied by a number between one and five depending on the injuries sustained. A small injury that results in small amount of pain may receive a multiplier of one or two, while a more meaningful injury that will affect the injured person’s life longer may receive a multiplier of four or five.
Another way of calculating pain and suffering is to add a daily percentage of pain and suffering for each day the person is affected. The amount is multiplied by the number of days they have been affected by the corporeal injuries. When done based on proper evidence this can be a good method but can be difficult to determine true per diem rate.
Many different things will contribute to how much a person receives in pain and suffering damages. The severity of the pain they experience and how long the pain lasts are of course important but, determining how the pain and suffering affects the person’s quality of life, such as enjoyment of hobbies, social activities, household duties or everyday tasks will result in higher possible values in damages awarded.
Insurance companies and courts will consider a combination of medical records, opinions of experts and first hand testimony of the person that experienced the pain and suffering.
As pain and suffering damages do not have a fixed formula, all cases may be slightly differently presented regardless of the injury case itself, therefore it is critical to present as much evidence as possible to support the pain and suffering claim.
What’s the Average Car Accident Settlement in New York?
Car accident settlements can vary tremendously in New York depending on the nuances of each case. There is no one-size-fits-all amount because each car crash has its own story to tell. Some settlements may be for minor expenses, while others may compensate an individual for serious injury, lost wages, and future wage loss.
If someone suffers only minor bruises or discomfort, their claim will likely be less than a claim where broken bones or disabilities or chronic pain are present. In general, the more severe the medical condition, the higher the settlement.
Settlements for minor injuries sustained in an accident, such as soft tissue injury or minor fractures, may seek settlements in amounts upwards from $5,000 to $75,000. As if severe injuries, they easily may $200,000 or more to settle. In cases of catastrophic injury which results in permanent disability or wrongful death, settlements could be worth even more.
Also, it matters how financially impacted a victim is by the accident. Hospital and medical care and, eventual rehabilitation can add up. This is why it is crucial that injured victims receive fair compensation for expenses.
If the injury affects earning capacity and causes them to lose income, a settlement may be for the gross missed income. If a person can’t earn money for the future (lost earning capacity), settlements may look to compensate such a claim.
Pain and suffering also matters. This refers to the injury’s emotional and physical impacts. The impact on daily activities, mental well-being, and general ability to function in life will help quantify pain and suffering.
Insurance policies can also affect the settlement. New York adopts a no-fault system for car accident claims. Most claims start with the injured person’s insurance coverage. When injuries are serious, victims can step outside the no-fault system and seek compensation directly from the other person.
One direct benefit compared to no-fault insurance, is that many times, the payout may be more than the policy limits on one of the policies if there are multiple insured and policies involved in the accident.
The Importance of Serious Injuries in Determining Claim Value
When a person is more seriously injured in a crash, the value of the car accident is worth more usually.
More serious injuries usually mean more medical expenses, longer recovery times, and added impacts to a person’s daily life. Because of this, insurance companies know how serious the injuries are to determine claim value.
A minor injury, one that heals quickly may reduce the claim value, but injuries that require surgeries, physical therapy, or long-term care can mean a significantly greater settlement value. The time a person loses from work is also a consideration.
If someone cannot earn a living for months or years because of the crash, their settlement will account for the income they lost.
In addition to the financial costs, serious injuries can bring emotional and physical pain and suffering. Continued pain, limited range of motion or difficulty with mobility, and emotional distress can all be factors in determining a greater settlement value.
Since damages that involve pain and suffering do not have any customary costs, every case must be analyzed to provide a fair settlement amount. Learning about how serious injuries play a part in a claim could help someone injured in a car accident when it comes time to settle their claim and help them fight for what they are entitled to!
How Liability Affects Your Settlement in New York
Who’s liable for the accident matters tremendously when it comes to compensation after a car accident in New York. This is because New York is a comparative negligence state, which means if part or all of the blame is accepted by the liable person, the total compensation could be impacted.
If one person is 100% to blame for an accident, the victim may recover the full amount of losses. If the injured person is partly to blame in an accident, their settlement could be reduced.
For instance, imagine a new driver who is speeding, is struck by another driver who ran a red light; both can partly blame each other.
While the injured (new driver) will likely be awarded some funds, the insurance company could have material evidence to argue a percentage of liability, which will affect the award.
In order to establish who is liable for an accident, demonstrable evidence is needed; e.g., police reports, witness statements, accident reconstructions or other evidence. Insurance companies will attempt to prove the injured driver is to blame for the accident to minimize their financial payout.
Gathering evidence and presenting, the facts accurately, you have the best possible opportunity to receive a fair award. In New York, there are liability laws and rules that could help a motor vehicle accident victim protect their claims and receive fair compensation.
Why Insurance Companies Undervalue Claims?
Insurance companies exist to profit financially for shareholders and at the expense of insured’s financial wellbeing resulting in no surprise that insurance adjusters will try to undervalue a claim or settle for the absolute lowest possible sum, even when faced with serious injuries and/or significant costs due to the accident.
One common tactic is to offer a very representative but low settlement offer early following an accident. When a crash occurs, many people are in overwhelmed and traumatic circumstances of a serious accident and are unclear about how they will fare financially after the crash, struggle with the adjustment and transition that is required of a serious accident.
In these vulnerable moments, insurance adjusters will present a quick claims process option and an early offer of settlement.
What appears to be a reasonable offer is usually a pitifully low offer that may only cover initial medical expenses and, in many instances, not even cover the ongoing medical costs and/or lost wages or pain & suffering. Some people will accept settlement offers without realization of the possible longer-term costs they will incur.
Insurance companies will also challenge the injured party on their injuries. This comes in the form of insurance adjusters saying certain medical treatments were unnecessary, that the victim’s pain was not as bad as the victim states, and that the victim’s claims are inconsistent or unreasonable in light of the injury sustained by the victim.
In many cases, insurance adjusters demand a large amount of documentation in the hopes of frustrating the victim into delay regarding the claims process for future compensation.
By knowing how insurance companies will attempt to devalue a claim and financially shortchange victims will help accident victims push back on unreasonable offers and fight to be compensated.
The opportunity for compensation is strengthened by obtaining good evidence, however working with an attorney that has experience will make a difference in obtaining the right amount of compensation.
The Necessity of Medical Records
Medical records are pivotal to any car accident claim. If you can’t prove the extent of your injuries and the effect of your injuries on your daily living, you cannot properly claim for damages.
When deciding on a fair settlement amount, insurance companies look at the entire medical documentation. Having thorough medical documentation can influence how much the victim receives.
It is important to always seek medical attention if you are injured in an accident rehabilitating through your motor vehicle insurance benefits. Even what appears to be minor injuries can take time to show its injury even years.
Having a written record based on a doctor’s evaluation will help you prove your injury for the future when negotiating a fair settlement. It also matters if you continued with your medical treatment and you required physical therapy or surgery or prolonged medical care.
In most cases insurance companies will try to challenge your claim by saying that the injuries were pre-existing before the accident. Recorded medical evaluations and recovery offered by your treating doctors can help defend against claims you had a previous injury and strengthen your claim.
How Long Do You Have to File a Claim in New York?
If you have been involved in a car accident in New York State, you need to be aware of the timelines for filing the various claims you may be pursuing. If you wait long enough to file these claims, you could lose your right to receive compensation.
For an insurance claim under your no-fault insurance, notice needs to be given to your insurance company within 30 days of your accident. No-fault insurance covers the medical bills and lost wages regardless of who was at-fault. If you never notify you insurance company within the proper time frame, your insurance company will likely deny coverage, resulting in complications, and making it more difficult to recover financially from the accident.
If you are suing the other driver in a personal injury claim, you have three years from the date of the accident to file a lawsuit. Although three years seems like a long time, it can often be relatively lengthy to get all of the documentation together (medical records, witnesses, etc.) – and this process can take a lot of time; gathering the necessary documents can take months. Your best approach is to deal with it sooner than later in the hopes of obtaining a successful outcome.
If it was a government entity (city bus, poorly maintained public roadway, etc.) that caused the accident, you have a 90 day deadline to file a Notice of Claim. When you are dealing with claims against the government timelines, to say the least, are very strict and negligence in handling this process can take away your potential for compensation.
In death cases, surviving family members have 2 years from the date the individual passed away to file a complaint. These claims carry an emotional and financial burden upon the family, and locating the times frames added can admittedly be difficult to navigate, thus seeking out legal help may be advisable.
Legal timelines exist for a reason and they are generally enforced. In order to protect your interests and to timely fill you need to seek assistance from qualified attorney for your rights and to ensure you don’t make terrible mistakes.
What Happens If You Are Hit by an Uninsured Driver?
Getting hit by an uninsured driver can make an already difficult situation even more complex. As a New Yorker, you know every driver is mandated to have insurance, but that does not mean everyone follows the law.
If the person who caused the accident is uninsured this means recovering compensation for lost wages, medical bills, car repairs and other expenses will be more challenging.
One option to pay for those expenses is uninsured motorist protection, which is included in most insurance policies. It allows injured drivers to file a claim against their own insurance company to pay for damages.
As it does not involve the at-fault driver(s) policy, it can be a much easier alternative in cases where the other driver does not have insurance or in cases where the other driver is not identifiable, such a hit-and-run accident.
If the uninsured motorist protection does not cover your losses, taking legal action could be viable. You could sue the driver directly to compensation, but, if they do not have insurance, there are no guarantees they have enough resources to pay the judgment.
This is a frustrating situation to be in, but knowing your insurance policy and the role of your legal remedies will be the best way to make sure you can secure the public support you need while you recover.
How an Attorney Can Maximize Your Claim
If you’ve been involved in an accident in New York, it will be hard to get fair compensation. For an insurer, they have an incentive to pay as little as it can. Unfortunately, often you will not know the full value of your damages. An experienced attorney can be invaluable in making sure you receive what you are owed.
An important part of an attorney’s work is to gather strong evidence for your claim. Strong evidence can include medical records, police reports, witness statements and expert opinions.
The stronger the evidence, the more difficult it will be for the insurer to dispute or undervalue your damages. Without strong evidence, your case will almost always be at its weakest when you need a settlement from an insurance company.
Another important part of an attorney’s work is understanding the extent of your damages. Many victims only think about the immediate costs, like what you have to pay to the hospital or to fix your car.
An experienced attorney will think about other damages, for instance, having to miss work and lose wages, potential future medical treatment, and emotional trauma from the accident, including how the accident event will ultimately impact your quality of life. In short, a broader horizon can help ensure you do not settle for less than you are entitled to.
Also, attorneys are skilled negotiators also under pressure. An insurer will want you to accept the lowest offer possible, and will want the quickest acceptance. An attorney can push back on what the insurer accepts as value or hold them accountable before you accept that settlement offer, or escalate to trial.
Finally, there is the law regarding time limits and filing requirements. Once the time limit has passed without a filing, you will likely risk losing the whole claim! Your attorney will do all of the legal work, so that no time limits nor filing requirements will be left behind.
In conclusion, after you are retained, your only job will be to heal. While you heal, your attorney will protect your rights and obtain your necessary compensation.