New York Insurance Claim Attorney

New York Insurance Claim Attorney

Many personal injury insurance Claim cases in New York about automobile accidents tend to get dismissed. That is because injuries involved in the lawsuits fail to meet minimum thresholds for serious injuries. Rozhik Law Firm PLLC’s Insurance Claim Lawyer has the intuition and knowledge to help each client get the financial recovery they are entitled to. For more information, contact us.

Serious Injuries

State law in New York prohibits lawsuit-filing for injuries of a non-economic nature for personal injury cases that involve an automobile. Unless an injury is deemed “serious.” Injuries of a non-economic nature can involve various damages, including consortium loss, loss of quality of life, suffering, and pain. The 5102[D] insurance law defines serious injuries as follows:

• Medically-determined impairment or injury that is non-permanent, which stops the injured individual from performing material acts properly. Such acts may involve the individual’s customary and usual daily activities. The timeframe involved covers a minimum of ninety days within the 180 days that follow the impairment or injury occurrence.
• Significant restrictions of a particular body system or function.
• Permanent consequential restriction of body member or organ.
• Permanent loss involving the use of the body’s system, function, member, or organ.
• Fetus loss.
• Fractures.
• Significant disfigurement.
• Dismemberment.
• Death.

Prima facie:

If some kind of “prima facie” is made out by the plaintiff, the “serious injuries” they sustained will be court-determined. A jury will establish if a plaintiff indeed sustained the “serious injury” they have claimed they have. Most items are fairly self-evident, but legal texts are chock-full of choices that highlight tightness, and some courts hold the statute to an almost literal reading. For instance, “significant disfigurement” may be limited to visible disfiguring scars. As such, a scar below a hairline and/or one that isn’t noticeable when wearing customary attire wouldn’t qualify. “Fractures” might not cover fractured teeth, though exceptions may be made if said fracture resulted in complications. If somebody sustains some herniated disc injury without surgical intervention or nerve compression, then the court may not deem the injury to be “serious.”

A treating physician must supply affidavits that attest to the claim instead of subjective discoveries of injuries that the plaintiff doesn’t so obviously exhibit. An “objective” test involves discoveries that aren’t regulated by a patient and are verifiable by third-party testing. Conversely, “objective” tests involve complaints by the injured patient. However, they are not subject to third-party verification.

Have liability insurance:

The New York State mandates all automobiles to have liability insurance. This insurance must have a value of no less than $25,000.
Because of this mandate, an insurance company can pay as much as $25,000 to an individual who sustained injuries from an accident. That amount is the absolute required minimum. Therefore, you are encouraged to buy extra insurance protection, but at a minimal extra cost. If someone were to get injured, injuries they sustained could lead to a case where they can receive an amount greater than $25,000. As per the circumstances, insurance companies will pay no more than $25,000. The extra money will need to be paid by you personally. That is why it is worth your while to have the most liability insurance you can get.

The liability policy you purchase will include under-insurance and uninsurance protection of at least $25,000. As such, if you get into an accident of some sort with an automobile that isn’t insured. Then both you and the passengers in your car will be completely covered by the insurance company. You should increase the underinsurance coverage you get to the same amount if you bought extra liability insurance. This investment will go a long way, as you will be protected instead of the opposing driver likewise if the opposing driver has $25,000 worth of coverage (insurance). In comparison, your automobile has $75,000 worth of coverage (under insurance). Then after the other driver’s insurance company has paid out the $25,000, you’ll be able to seek an extra $50,000 from the insurance company.

Auto Insurance (No-Fault)

In the state of New York, all automobiles must be completely insured with what is known as “no-fault insurance.” This type of insurance doesn’t compensate for suffering and pain, loss of quality of life, mental anguish, or even wrongful death. To obtain compensation for losses of a non-economic nature, one needs to meet the threshold mentioned above if serious injuries are involved. Having said that, no-fault insurance benefits offer as much as $50,000 for certain expenses from injuries.

Which include the following:

• Medical costs: medical providers need to file various claims for certain medical expenses, including doctor bills and therapy costs. They must do so within a period of forty-five days from the service date. Whenever you are asked to provide insurance details, information about the no-fault insurance you have must be provided instead of health insurance details. If medical expenses are higher than those paid out by no-fault insurance, you will need to pay any difference involved.
• Lost wages: you’ll need to file claims with any ninety-day span of an automobile accident that has resulted in injuries you sustained if you want to file a claim for lost income. Compensation for wage loss will entail no more than 80% of lost earning totals. Maximum lost wage compensation is $2000 a month for up to three years from whenever the accident transpired.
• Other necessary costs: other reasonable expenses might be paid to a maximum of $25 each day for no longer than twelve months.
• Death benefits: while no-fault insurance doesn’t offer wrongful death benefits itself, it does provide up to $2000 worth of death benefits.
  No-fault insurance will cover the costs of medical bills and other relevant items (like lost income), regardless of who was at fault for the accident. The insurance company may pay medical costs that you accrue and the expenses involved with the passengers in your vehicle. That driver’s own insurance policy will compensate the other car’s driver (and the passengers inside of it).

Speak to Us Before Engaging with an Insurance Company

To increase the chances of obtaining benefits, get in touch with our legal team right after you sustain an automobile accident (and/or another covered incident). From our experience, people who engage with an insurance company by themselves are prone to committing errors. Such mistakes are capable of resulting in a denial of insurance claims (or in underpaying of them) due to:

• Signatures.
• Document exchanges.
• Discussions between insurance representatives and claimants.

When engaging with insurance representatives by yourself, you’ll find that the representative will prolong the discussion for as long as possible. That is because you say the more that, the more inclined you will let something slip that can damage your odds of receiving benefits. Subsequently, an insurance company will be able to deny your claim. The things that you said to the representative can work against you. To safeguard your rights, you are encouraged to speak with legal counsel well before talking to any insurance representative.

Pushing Back to Receive What You’re Entitled to

Whether you received a rejection letter or thought that a legitimate claim that you have might end up getting denied. You are encouraged to get in touch with our law firm. We will assess your case before creating a strategy that can help you. At our law office, we will determine what the next steps in your lawsuit will entail, whether that be:

• Launching an insurance lawsuit for bad faith.
• Appealing a denial for bad faith.
• Negotiating with adjusters of insurance claims.

Our Insurance Claim lawyer has filed lawsuits against all sorts of insurance companies and can do so for you as well. Here are some of the companies that we have filed claims against:

• State Farm
• Geico
• Progressive
• Allstate
• USAA
• Liberty Mutual
• Farmers Insurance
• Nationwide
• American Family Insurance
• Travelers
• 21st Century Insurance
• AAA
• AARP
• Allied Insurance
• Allstate
• American Family Insurance
• Ameriprise
• Amica Mutual Insurance
• Auto-Owners Insurance
• CSAA Insurance Exchange
• Country Financial
• CURE Auto Insurance
• Direct Auto Insurance
• Erie Insurance Group
• Esurance
• Farm Bureau
• Farmers Insurance Group
• Geico
• Good2Go Auto Insurance
• Kemper Insurance
• Liberty Mutual
• MAPFRE Insurance
• Mercury Insurance
• MetLife
• National General Insurance
• Nationwide
• NJM Auto Insurance
• Progressive
• Root Insurance
• Safe Auto Insurance Company
• Safeco
• Sentry Insurance
• Shelter
• State Farm
• The General
• The Hanover Insurance Group
• The Hartford
• Travelers
• United Auto Insurance
• USAA

Get in touch with our experienced Insurance Claim lawyer today to optimize and receive the insurance claim you are entitled to.