Should I Get A Lawyer For A Car Accident That Wasn’t My Fault?

No one ever expects or wants to be involved in a car accident. Unfortunately, accidents are not something that you’ll always have control over. When car accidents happen, they can leave you at a loss for what to do next. If the car accident was not your fault, it’s best to contact a Long Island car accident lawyer right away. At Winkler Kurtz, LLP., our experienced attorneys will stay by your side to help you achieve the compensation you deserve. 

Hiring A Lawyer For An Accident That Wasn’t Your Fault

New York is a no-fault state, meaning that your insurance company should cover medical expenses and other losses regardless of who was to blame for the accident. However, in some cases, your injuries may exceed the amount covered by your insurance policy, or your insurance may decide that specific treatments are unnecessary. Dealing with insurance on your own is undoubtedly a viable option, but it may not be the best choice. No matter the case, a Long Island car accident lawyer can help you understand your legal rights and achieve maximum compensation. 

Personal Injury Protection Claim 

New York State requires all drivers to carry personal injury protection (PIP) insurance. For many accident victims, this claim may be their only source of financial recovery. If your injury meets certain criteria, you can step outside of New York’s no-fault laws and bring your claim directly against the driver at fault. New York’s mandatory minimum for no-fault coverage is $50,000. In some instances, this amount can be enough to cover the direct financial costs of injuries. It may not be enough in many other cases, and PIP insurance does not provide coverage for non-financial losses. 

Serious Injury

While the state laws can put you in a bind, no-fault insurance laws allow victims to seek further compensation if they surpass the “serious injury” threshold. If you suffered a serious injury, you could file a fault-based claim against the other driver. The law defines a serious injury as follows:

• Significant disfigurement.
• Dismemberment.
• Fractures.
• Permanent loss of use of an organ, limb, function, or system. 
• Permanent limitation of an organ or limb.
• Loss of a fetus. 
• Death. 

How A Long Island Car Accident Lawyer Can Help

The emotional, physical, and financial impact of an accident can be staggering and difficult to prove on your own. Having an experienced Long Island car accident lawyer on your side increases your chances of achieving a favorable outcome. Our dedicated attorney will handle all aspects of your claim, including negotiating with insurance companies to ensure you receive compensation for:

• Current and future medical expenses.
• Property loss and damage. 
• Pain and suffering. 
• Lost wages or income capacity. 
• Wrongful death damages. 

Contact Us

After being involved in a car accident that wasn’t your fault, getting in touch with a Long Island car accident lawyer should be at the top of your to-do list. At Winkler Kurtz, LLP., our staff of seasoned lawyers has substantial experience representing clients in car accident cases. Contact Winkler Kurtz, LLP. today to schedule a free consultation.