April 17, 2023 | Publications

What is the procedure for filing car accident claim in NYC?

Being involved in a car accident can be a traumatic experience. In the State of New York, there are certain laws and regulations that must be followed when filing car accident claims. This article aims to answer frequently asked questions related to filing such claims in the State of New York. Unfortunately, many car drivers or first-time accident victims do not understand the nuances of making a claim in New York.

Fortunately, getting help from a car accident claims lawyer can give you peace of mind and allow you to understand the process from start to finish. In addition, hiring a good car accident attorney in Brooklyn puts you ahead in the case. Below are some common car accident FAQs surrounding the state of New York and why you should always seek legal help.

By far, the best way to get help answering these questions below is to hire an attorney when filing a car accident claim. However, this comprehensive list below can help you get started.

What is a no-fault state?

New York is considered a no-fault state, meaning that the driver of a vehicle is financially responsible for any damages caused by an auto accident, regardless of who was at fault. The only exception is if you can prove that the other party’s negligence or recklessness led to your injury and is thus liable for the damages. In this case, you could file a claim against them. Only then will you be compensated for damages other than what your insurance covers. Such damages can include pain and suffering, medical expenses, lost wages due to missed work, mental anguish, and property damage,

Where should I file my claim?

If you were in a car accident, then you should contact your own insurance provider to submit a claim. Your New York State insurance will help cover medical expenses, and your insurer will be able to submit the claim for you.

What is the statute of limitations?

The statute of limitations for filing a car accident claim in New York is three years from the date of the accident. This means that any claims against another party must be filed within this time frame, or you will lose the right to pursue legal action. If you are filing a claim with your own insurance provider, it is best to contact them as soon as possible after the accident so that your claim can be processed in a timely manner.

What is the basic procedure for filing a claim?

When filing car accident claims in New York, you should always seek legal advice from a car accident attorney. Doing so will ensure that your case is handled correctly and in accordance with state laws. Generally, the procedure for filing a claim involves gathering evidence, submitting the claim to the responsible party or your own insurance provider, and negotiating with them to get a fair settlement.

If you have suffered serious financial losses due to a car accident, then it may be necessary for you to file a lawsuit against the responsible party. This is where a car accident attorney comes into play, as they will help you build your case and represent you in court if needed. For instance, if your losses exceed the policy limit, then you may need to file a lawsuit against them in order to receive the compensation you deserve.

Do I need a lawyer?

It is highly advisable to hire an experienced lawyer when filing car accidents claims in New York. There are numerous pitfalls that can arise, and having an attorney at your side will ensure you receive the best possible outcome for your case. Your attorney will also be able to help you evaluate your case and make sure that any settlement you receive is fair.

At Leading Law Firm Karasik Law Group, we have an experienced accident lawyer in Brooklyn who will help you throughout the entire claims process. From gathering evidence to filing a claim and negotiating with the insurance company, we will be there every step of the way. We will work hard to ensure you receive the full compensation you deserve for your losses. Contact us today for a Free Consultation!