When To Hire a Lawyer After a Car Accident in NYC
New York, NY, uses no-fault insurance. But many car accident victims do not know that they can still pursue a claim for injury compensation when they suffer a serious injury or exceed the limits of their no-fault policy.
Every accident victim should consider hiring a lawyer for their injury claim. But there are also some specific situations when representation by a skilled car accident lawyer is critical to receiving fair compensation for your injuries.
If you were injured in a car accident in New York City, contact our experienced car accident attorneys from Rosenbaum & Rosenbaum, P.C. at (212) 514-5007.
How Rosenbaum & Rosenbaum, P.C. Can Help After an Automobile Accident in NYC
Rosenbaum & Rosenbaum, P.C. was founded over 40 years ago. Our lawyers have earned some of the legal profession’s most prestigious honors, including a 10.0 Superb rating from Avvo and membership in the Multi-Million Dollar Advocates Forum honor society.
Our NYC car accident attorneys have recovered millions of dollars in injury compensation for our clients, including:
- A $750,000 pedestrian accident settlement for a fractured knee
- A $750,000 automobile accident settlement for a back injury
- A $560,000 automobile accident settlement for a spinal injury
We can help after a car accident in New York, New York, by:
- Evaluating the full extent of your damages, identifying the liable parties, and collecting evidence
- Negotiating a settlement and taking care of all the communications and paperwork
- Filing a lawsuit in the event that the at-fault party refuses to settle
A car accident injury can leave you facing mountains of medical bills. Contact Rosenbaum & Rosenbaum, P.C. for a free consultation to discuss the injury compensation you can pursue after your crash.
When Can Accident Victims Go Outside of New York’s No-Fault System?
New York has a no-fault car insurance system. This means that the state prohibits accident victims from filing injury claims against at-fault drivers unless they suffer:
- More than $50,000 in financial expenses from a crash
- Significant disfigurement
- Bone fracture
- Permanent loss or limitation of use of a body part or organ
- A non-permanent injury that disables you for at least ninety days out of the one hundred eighty days following the accident
Families of those killed in crashes can also pursue a wrongful death claim against the at-fault driver.
Injuries from minor accidents will usually not meet New York’s threshold for a lawsuit. As a result, accident victims in these crashes will deal with their no-fault insurers for compensation.
But moderate to severe accidents could produce injuries that meet the threshold. These accident victims will face significant medical expenses and income losses. Their injuries will also cause pain and suffering, and disability that diminish their quality of life.
As a result, they will need to go outside the no-fault system to get fair compensation for their injuries.
NYC does not release statistics about how often this happens. But it does track the severity of the injuries caused by traffic accidents. In 2022, NYC had 99 fatalities and 35,086 injuries from car accidents.
When You Should Hire a Lawyer To Help After a Car Accident in NYC
You should always at least consider getting a lawyer for your injury case. A lawyer can guide you through the insurance claim process. And because a lawyer can advise you and advocate on your behalf, you have a much better chance of successfully resolving your accident claim.
But you might encounter some situations when you have an especially high need for someone with legal knowledge and experience. These situations include:
The Insurance Company Denies Your Claim
Your case will begin with an insurance claim filed with the at-fault driver’s insurer. The insurer will assign an adjuster to investigate your claim. The adjuster’s job is to protect the insurer. This means they will deny your claim for even the slightest reason.
Sometimes, you can overcome a claim denial by simply filing additional documents. Other times, you will need to present legal arguments to the adjuster. A lawyer can help you interpret the claim denial and formulate a response.
You Receive a Low Settlement Offer
Even when the adjuster accepts your claim, you will likely receive a low settlement offer. Adjusters will try to pay the lowest settlement possible to save the insurer’s money.
Law schools train lawyers to negotiate. Years of experience practicing law will sharpen those skills. A good lawyer works with an adjuster to try to get the maximum possible settlement for the injured client.
The Insurer Blames You for the Accident
New York allocates blame to everyone who played a role in the accident. If the insurer can pin some of the fault for the crash on you, the insurer only needs to pay a portion of your losses. Thus, if the insurer can shift 30% of the blame for the crash onto you, the insurer only needs to pay 70% of your losses.
When an insurer blames you for a crash, you face two problems. You might not receive compensation for all your losses. And you might bear liability for some of the other driver’s losses. A lawyer can help you make sure the blame stays on the other driver where it belongs.
Schedule a Free Consultation With Our NYC Car Accident Lawyers
After a severe injury, an NYC car accident attorney can help you stand up to insurers and at-fault drivers to get fair compensation. At Rosenbaum & Rosenbaum, P.C., our knowledgeable legal team fights hard to gain maximum recovery for our clients. And you will not owe us unless we succeed.
Contact our personal injury law firm for a free consultation to discuss your injuries today.