Queens Car Insurance Lawyer Near You

Is New York A No-Fault-State For Car Insurance?

Yes, New York is a no-fault state for car insurance. After a car accident, regardless of who caused it, you will generally file a claim with your own insurance company to cover your medical expenses and other losses.  The rule applies to yourself and your passengers covered under the policy, up to the coverage limits of your Personal Injury Protection (PIP) insurance.

This means the at-fault driver’s insurance typically won’t come into play for covering your medical bills or lost wages unless you meet the state’s “serious injury” threshold. Understanding the difference between first-party claims (with your own insurer) and third-party claims (against the at-fault driver) is crucial for maximizing your recovery.

Here’s a breakdown of how no-fault insurance works in NY

• No-fault system: This covers your initial medical expenses, lost wages, and other losses, regardless of fault, through your own Personal Injury Protection (PIP) coverage, subject to your deductible and policy terms.
• Serious injury threshold: If your injuries surpass the seriousness threshold defined by New York law, then you can sue the at-fault driver and potentially recover additional compensatory and even punitive damages from their insurance company.

What qualifies as a “serious injury” in New York?

There are two main ways to meet the serious injury threshold:

• Permanent limitation: You suffer a permanent limitation of use of a body organ, member, function, or system.
• Significant disfigurement: You experience a substantial limitation of a body function or system that produces a permanent cosmetic deformity.
• Medically determined: These injuries must be documented by a qualified medical professional.

Examples of serious injuries:

• Bone fractures (depending on severity and location)
• Loss of limbs or digits
• Permanent nerve damage
• Significant scarring
• Head injuries with lasting cognitive impairment

What happens if you meet New York’s serious injury threshold?

If your injuries qualify as serious, you can file a lawsuit against the at-fault driver. Their insurance company will then be responsible for additional damages beyond what your PIP coverage provides, such as:

• Pain and suffering
• Long-term medical care and rehabilitation costs
• Lost future earnings and lost earning capacity
• Loss of consortium for your spouse
• Home modification expenses for permanent disabilities
• Lifetime medical monitoring for ongoing conditions

Even in a no-fault state like New York, consulting with our team of car insurance & accident lawyers after a car accident is recommended, especially if you have serious injuries.  If one of the at-fault drivers was working for a company or corporation, there may be additional avenues to pursue, including subrogation claims.  We can help you navigate the complexities of the no-fault system, determine if you meet the serious injury threshold, and pursue the maximum compensation you deserve.

When Should I Talk To Insurance Dispute Lawyers Near Me For A Car Accident In New York?

After an accident, insurance companies, contrary to their slogans, are not on your side – even your own insurance company.  They are beholden to shareholders, and that means that their “job” is money in, and minimizing money out. Insurance adjusters minimize claim values using various tactics, and your settlement negotiations can be just as tense with your own insurance company as they are with an insurance company for an at-fault party – especially in a no-fault state like New York.  We do recommend talking to a New York car insurance lawyer near you for any case, but here are some situations where you should consult with one of our expert insurance dispute lawyers after a car accident in New York:

• Injuries: If you or someone you were with was injured in the accident, it’s important to consult with a lawyer. Our team of New York car insurance lawyers can help you navigate the complexities of filing a claim and ensure you receive fair compensation for your medical bills, lost wages, pain and suffering, and emotional distress damages.
• Property Damage: While minor damage might not require a lawyer, if the damage is extensive and the insurance company is offering a low settlement, a lawyer can advocate for you to get the full value of your car, including diminished value claims and proper total loss calculations.
• Fault Dispute: If there’s a disagreement about who caused the accident, a lawyer can help investigate the crash and gather evidence to prove your case. New York is a no-fault state, but a lawyer can be crucial in navigating the fault system to maximize your compensation, especially when comparative negligence considerations come into play.
• Insurance Issues: If the insurance company is denying your claim, delaying payments, or offering an unfair settlement after a car accident, a lawyer can fight for the compensation you deserve. We have insurance industry insider knowledge and former insurance defense attorney experience on our team, giving us unique insight into insurance company delay strategies and claim denial justification tactics.
• Statute of Limitations: There is a three-year time limit to file a lawsuit for personal injury in New York. Consulting with a lawyer as soon as possible after the accident ensures you have enough time to build your case.
• Partial Fault Concerns: What if I was partially at fault? New York’s comparative negligence rules can reduce your recovery, but you may still be entitled to compensation. Our lawyers can evaluate your comparative negligence considerations and protect your rights.
• Affordability Questions: Can I afford a lawyer? Yes! We work on a contingency fee basis with no upfront costs, so you pay nothing unless we recover compensation for you.

In any of these situations, it’s absolutely advised by our team to schedule a free consultation with one of our car accident lawyers.  We can assess your specific case and advise you on the best course of action. Our reputable firm has a proven settlement track record and multi-million dollar verdicts for our clients.

How Long Does An Insurance Company Have To Settle A Claim In New York?

There isn’t a strict deadline for settling an insurance claim in New York. Timeline expectations vary based on injury severity, policy limits, and whether litigation becomes necessary, but we provide realistic estimates during your consultation. However, New York law does mandate specific timeframes for insurance companies to respond to certain actions after a claim is filed:

• 15 business days: The insurance company must acknowledge receipt of your claim and begin investigating it.
• Additional 15 business days (if needed): The insurer has this additional time to decide on your claim after they complete their investigation, particularly if they require more information. They are obligated to explain why they need an extension.

So, while there’s no set timeframe for settlement, an insurance company acting in good faith should be able to address your claim within 30 business days of receiving all necessary documentation. If it goes beyond a reasonable timeframe, it could be a sign of bad faith insurance practices and unfair claims handling, and having an insurance dispute lawyer like Cohen & Cohen Personal Injury Lawyers, P.C. on your side could make the difference in obtaining your fair settlement.

What Should I Do If An Insurance Company Offers Me A Low Settlement And I Don’t Think It’s Enough?

Call Us. As New York car insurance lawyers, we’re nearby, and we see many clients who are unsure what to do after receiving a settlement offer from their insurance company. Here’s the key: don’t rush into accepting it.

If you haven’t talked to a lawyer yet, there are things you can do to help your position or help the lawyer you do hire hit the ground running. Be sure to document everything! Medical bills, lost wages due to missed work, car repairs, deductible payments, and any other accident-related expenses should be meticulously listed. Don’t forget potential future medical needs, rehabilitation costs, or lost income if your injuries are long-term.

Once you have a clearer picture of costs and liabilities, we can negotiate a counteroffer. This revised amount should reflect the true value of your damages, backed by evidence like medical records, police reports, and repair estimates we can help you gather. We understand settlement negotiation power dynamics and know how to challenge insurance company tactics effectively.

Remember, we’re here to fight for what you deserve from your insurance company, or in some cases, from an at-fault party’s insurance company. All insurance companies prioritize their bottom line, and their initial offer might significantly undervalue your claim. Insurers evaluate injury severity for claims using their own criteria designed to minimize payouts. By working together, we can ensure you receive a fair settlement that reflects the full impact of the accident on your life, including emotional distress damages, lost earning capacity, and permanent disability benefits when applicable. Don’t hesitate to reach out for a free case evaluation – let’s discuss your situation and get you the compensation you’re entitled to.

Should I accept the first offer?

Almost never – initial offers typically represent minimal compensation and don’t account for the full value of your claim. Take time to understand the offer, what it covers, and compare it to the full extent of your damages. Here is where having a great team of lawyers on your side can make a difference. They’ll tell you if the offer is reasonable, or too low – and negotiate on your behalf.

How much is my case worth?

The value depends on multiple factors, including injury severity, policy limits, lost wages, medical expenses, rehabilitation costs, and how to calculate pain and suffering damages. Our comprehensive case evaluation considers all these elements.

Should I give a recorded statement?

Never provide a recorded statement to any insurance company without consulting an attorney first – these statements are often used against you to minimize or deny your claim.

What Should I Do If My Car Insurance Claim Is Denied In New York?

If your New York car insurance claim gets denied, we can work together on several fronts to fight the decision. Here’s what we can do:

• Deep Dive into the Denial: First, we’ll meticulously examine the denial letter from your insurance company. Understanding their reasoning for rejecting the claim is crucial, whether they cite policy limits, coverage exclusions, or question the legitimacy of your claim. This will help us identify any weaknesses or misunderstandings in their explanation and craft a strong counter-argument. We understand insurance policy language ambiguity and how to interpret complex policy terms in your favor.
• Gather Evidence to Fortify Your Case: We’ll work together to compile all documentation that supports your claim. This might include the police report, pictures from the accident scene, estimates for repairs, medical bills related to the accident, witness statements if available, proof of car ownership, and documentation of your deductible payment and premium history.
• Handle Appeals with Expertise: Most insurance companies have an internal appeals process. We’ll guide you through this process and help you draft a compelling appeal letter. This letter will clearly explain why you believe the claim should be covered, referencing specific terms in your policy and demonstrating how the accident falls under your collision coverage, comprehensive coverage, or liability coverage.
• Negotiate with the Insurance Company: We’ll handle all communication with the insurance company and claims adjuster on your behalf. Our experience in negotiating with insurance companies, combined with our insurance industry insider knowledge, allows us to advocate persuasively for a fair outcome in your case.
• Pursue Alternative Dispute Resolution: When appropriate, we can pursue arbitration or mediation to resolve disputes more efficiently than traditional litigation, providing a faster path to expedited claim processing.
• File Complaints with Regulatory Authorities: If your insurer engages in bad faith insurance practices or deceptive tactics, we can file a complaint with the insurance commissioner to hold them accountable and potentially rescind unfair denials.
• Prepare for Court, If Necessary: If the appeal is denied, we won’t back down. We can represent you in court and present your case to a judge. Our trial experience and proven litigation skills will be a valuable asset in securing the compensation you deserve. Our settlement track record and multi-million dollar verdicts demonstrate our commitment to achieving maximum results.

Throughout this entire process, our team of car accident attorneys in NYC keeps you informed and involved in every step. We understand that dealing with a denied insurance claim can be frustrating, and we’re here to fight for your rights and ensure you receive the coverage you’re entitled to under your insurance policy.

What if I missed the deadline?

While the three-year statute of limitations is strict, there may be exceptions in certain circumstances – contact us immediately to evaluate your options.

Can I reopen a closed claim?

In some cases, yes, especially if your injuries got worse or new evidence emerges.

Contact Lawyers Who Sue Insurance Companies Near You In Queens, NY

Don’t let a car accident in New York leave you feeling confused and frustrated.  At Cohen & Cohen Personal Injury Lawyers, P.C., our skilled team of nearby New York car insurance lawyers and semi-truck accident attorneys can help you navigate the complexities of car insurance claims and insurance claim disputes, regardless of fault. We’ll fight to ensure you receive full compensation for your injuries, property damage, and other losses, including emotional distress damages, lost earning capacity, permanent disability benefits, and even wrongful death claims for families who have lost loved ones.

Our reputable firm is licensed in New York with decades of experience handling complex insurance disputes. We have insurance industry insider knowledge and former insurance defense attorney experience that gives us a strategic advantage in understanding how insurers operate. Our aggressive approach, combined with our comprehensive case preparation and proven trial experience, has resulted in a strong settlement track record and multi-million dollar verdicts for our clients.

Don’t accept a lowball offer from your insurance company. We work on a contingency fee basis with no upfront costs, so you pay nothing unless we win. Our local Queens office provides 24/7 availability and bilingual services to serve our diverse community. Contact Cohen & Cohen Personal Injury Lawyers, P.C. today for a free consultation and let us fight for what you deserve.

External Sources

• https://dmv.ny.gov/search?q=how+respond+dmv+insurance+letters+and+orders.&redir=404
• https://www.dfs.ny.gov/consumers/auto_insurance/filing_claims_under_your_own_policy