Sometimes property damage and personal injury expenses exceeds the maximum amount of a person’s automotive insurance policy in a no-fault state. In a state like New York, the injured person’s own insurance pays for expenses that were caused by another driver. An Automobile Accidents Attorney in Queens County NY may become necessary if there are still many bills to pay and the person wants to sue the other driver.
The confusion and stress during this time can feel overwhelming. It doesn’t help when collections representatives from the medical facilities start to call. The injured person’s own health insurance should cover some of those expenses, but there may be a high deductible, co-pay charges and costs that are not covered by the policy.
Filing Suit
An Automobile Accidents Attorney in Queens County NY can sue the other driver for all tangible expenses that have not been covered. Some no-fault states do not allow lawsuits for intangible aspects like physical pain and suffering in motor vehicle accident cases, but New York does. The person must have been seriously injured, however, as defined in state law. Many types of injuries, while causing insurmountable expenses, may not qualify as serious under these laws.
Determining Fault
The other driver must have been careless, negligent or reckless in some way or the person will not be able to file a lawsuit under personal injury laws. The collision could not have been considered a true accident due to weather conditions, for example. Sometimes, no matter how careful drivers are on icy roads, the car will slide or start to spin, which can easily cause a collision. An attorney with an organization such as The Law Offices of Joseph J. Perrini III will consider accepting cases in which the other driver behaved in a way that led to the crash.
No-Fault Issues
In 2019, only 12 states have no-fault auto insurance laws. Two intentions for these regulations were to prevent tacking on intangible damages in insurance claims and reducing the number of negligence lawsuits. However, in these states, the ability to claim reasonable compensation is very limited. Anyone who needs legal help may visit the website of one particular attorney to get started.
