August 23, 2022
Any driver dreads making a call to their insurance company. If you were recently involved in a car crash, filing a car insurance claim can seem like added stress to an already frustrating situation. Navigating insurance claims for property damage and medical expenses is not an easy process.
If you were injured due to someone else acting negligently in a car crash, a personal injury lawyer who specializes in motor vehicle accidents can be a useful resource when it comes to dealing with insurance claims.
Do I Need To File A Claim?
When dealing with an insurance claim after an accident, it’s imperative that you obtain a police report and file a claim with your insurance company as soon as possible. Even if you do not feel injured immediately after the accident, injuries may begin to present themselves as the adrenaline from the accident wears off.
Anyone who is involved in a car accident in New York State has three years from the date of the incident to file a lawsuit with the at-fault party’s insurance company. Since it can take days, weeks, or even months for injuries to become apparent, filing a claim with your own provider can ensure your medical bills are covered down the road through New York’s no-fault insurance.
Choosing not to file a claim can significantly impact your ability to sue the at-fault driver, recover any damages from medical expenses, and could result in future claims being denied.
Dealing with Comparative Fault
New York State uses what is called comparative negligence, also known as comparative fault.
With comparative fault, the injured party is still able to receive compensation, regardless of whether or not they were partially at fault for the accident. However, the amount of compensation received will be reduced by the injured person’s percentage of negligence in causing the accident.
If your insurance company decided that you were partially responsible, but you feel otherwise, you may wish to consult an attorney. Insurance companies often will accept partial fault, as it lessens the payout amount for each company.
When it comes to battling comparative fault with the insurance company, an attorney can help to push for a new evaluation of fault by providing evidence and witness statements to show you were less at-fault or not at fault for the accident entirely.
The Importance of Filing A Police Report
Many drivers don’t realize that they need to file a police report, even if it seemed like a minor crash. Major injuries such as Traumatic Brain Injuries can come from small fender benders. Without a police report, you might have trouble proving specifics of the incident.
If you did not file a police report, you would need help in gathering other forms of evidence. You’ll likely need to collect witness statements and ask for details from any mechanic that did repairs.
Victims injured in a crash that did not file a police report will also need to record their medical information closely. This information will include doctor’s visits, prescriptions, treatments, surgery dates, and outcomes as well as rehab. Bills and doctor’s notes can be vital when a police report is not available.
Have You Been Cheated On A Settlement?
If you have already accepted a settlement through an insurance company, then you will have a hard time getting any further compensation. Unfortunately, many people believe they have to accept the first settlement offer that the insurance company gives them which is often made before the injured person has an attorney to provide advice.
Lost wages, mounting medical bills and vehicle repairs are all the things that your insurance settlement should cover. If you believe you were shorted on your settlement, you can contact an attorney for assistance.
Call Cellino Law For Help
For those who have been involved in an accident, Cellino Law is here to help. Let our team handle the insurance company while you focus on your health and tending to your injuries.
Our team is experienced in dealing with insurance claims and we are here to help injury victims collect a fair amount for the injuries they have sustained. Don’t wait until it’s too late to seek financial compensation. Contact our team 24/7 an 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.