Rosenbaum & Rosenbaum, P.C. | August 30, 2021 | Car Accidents
Have you been injured in a car accident in NYC? You may be entitled to file an injury claim for your medical bills and other losses. New York is a no-fault state. So, you would file a claim to collect from your own insurance first — even if someone else caused the accident.
However, if your injuries are “serious” under New York law, you can seek additional compensation by filing a claim against a negligent driver’s insurance. An attorney can review your case and determine if you have grounds to seek extra compensation for your losses.
Suppose you were involved in an NYC car accident that did not cause any injuries. In this scenario, you might wonder whether you have the option of filing a claim or lawsuit. Keep reading to learn more.
Suing for Property Damage After an NYC Car Accident
Even if you’re not injured in an NYC car accident, you may still sustain losses. Usually, these losses will take the form of property damage. A car accident can damage your vehicle, even if it does not injure you.
Luckily, you can take action in these circumstances. In New York, an at-fault driver is responsible for compensating others when they cause property damage. You can file a property damage claim against the insurer of a negligent driver who damaged your vehicle, even if you were unharmed.
You should strongly consider hiring an attorney. Filing a claim does not guarantee you will collect compensation. Insurance companies will look for reasons to avoid paying your claim. The at-fault driver’s insurer may argue that you have not provided enough evidence to prove their insured caused your car’s damage.
Collecting proof may require an investigation. It’s unlikely you have the time or resources to initiate such a process. A personal injury attorney will investigate your accident, gather evidence, and identify the parties responsible for compensating you. Your attorney will also negotiate for a fair settlement on your behalf.
Suing for Non-Economic Damages After an NYC Car Accident
Insurance doesn’t only provide compensation for economic damages. Sometimes, an insurer may also compensate you for non-economic damages.
These come in many forms. Sometimes, they take the form of mental or emotional trauma. For example, even if you were not injured in a car accident, the experience could still leave you with major anxiety.
Your anxiety may disrupt your life in various ways. Examples might include the following:
- You’re having nightmares after your accident.
- You’ve developed insomnia
- You avoid driving, which might impact your ability to travel to work, engage in activities, and more.
It’s possible to sue for compensation for these damages after an NYC car accident. However, proving you deserve this compensation can be challenging, especially if you don’t have physical injuries after the accident. This process may involve coordinating with medical professionals. Additionally, you have to show that your accident was the cause of your anxiety.
While you may not be injured, you may still receive compensation. A lawyer can determine your causes of action and maximize your settlement award.