A young couple is killed in an early morning car accident on the Long Island Expressway. According to police investigators, the driver, a nineteen year old boy from Middletown, lost control of his late model Audi while driving at speeds up to 90 MPH, and slammed into a tree, his sixteen year old girlfriend at his side.
Is the family of the passenger able to file a wrongful death action? Is the driver’s family able to collect compensation?
A stolen truck plows into a New York City bus just before dawn in Greenwich Village, catapulting the veteran bus driver to his death. The driver of the stolen vehicle had been tossed from a club earlier after a night of hard partying and was then escorted from a local hotel after passing out on the second floor. Witnesses said the driver was obviously high on booze or drugs, or both.
Since the truck was stolen, what recourse does the family of the driver have?
Cops arrest a woman they said mowed down a 63-year-old man in downtown Manhattan with an unauthorized rental car. The unidentified man remains in Bellevue Hospital in critical condition. The driver was charged with leaving the scene of an accident, unauthorized use of a vehicle and not having a valid driver’s license. Since the driver was illegally behind the wheel and may not be insured, what are the victim’s options? His injuries are serious. Can NY’s no fault coverage take care of all his expenses? How does he pursue further compensation if it doesn’t?
These are three very different New York motor vehicle accidents with similar tragic results, yet each has its own set of complex legal questions and issues.
New York car accident lawyers understand the complexities
New York is one of twelve states with “no fault” coverage which means that if you’re injured in a motor vehicle accident in NY, the no fault coverage you receive comes from the vehicle you drove, rode in, were hit by, or came in contact with. No fault was enacted in NY to ensure that insurance companies would pay up to $50,000 for legitimate crash related medical expenses, lost earnings, and incidental costs, regardless of who was at fault in a crash.
If you are injured in a crash and you feel that the designated $50,000 compensation that no fault coverage provides is insufficient to cover your medical expenses as well as pain and suffering, you may have a right to sue for additional compensation. However, there is a “serious injury threshold” that must be met to qualify under NY State law for additional compensation.
New York car accident lawyers at Edelman, Krasin & Jaye understand the serious injury threshold and can guide you in your claim against the insurance company that wants to cap your compensation.
NY auto accident attorneys fight for rightful compensation
If you are the driver and have been in a motor vehicle accident, you should contact your auto insurance carrier and your attorney immediately and notify them of the accident. Eventually, you will be asked to submit all medical expenses, claims for lost wages and claims for reimbursement of other expenses to that carrier.
If you were a passenger in an accident or a pedestrian or bicyclist struck by a car in New York, you are also entitled to no fault benefits, but you will need to contact the insurance company for the driver to file for those benefits. Your attorney can help you complete all necessary filings within the necessary timelines.
Edelman, Krasin & Jaye offers skilled legal advice for anyone who has been harmed in a motor vehicle accident in NYC or Long Island. Call 1-800-469-7429 to schedule a free case review with a New York personal injury lawyer to discuss your options.