New York Car Insurance Lawyer – Car Insurance Dispute Lawyer in NY
Are you facing a car accident in New York and unsure how to navigate the complexities of car insurance claims? New York’s no-fault system can be confusing, especially when dealing with fault disputes or lowball offers from your own insurance company. Our team of experienced New York car insurance attorneys can guide you through the process, regardless of fault, and fight to ensure you receive the fair compensation you deserve.
On This Page
- What Types Of Car Insurance Claims Can A New York Car Insurance Attorney Near You Help With
- Is New York A No-Fault-State For Car Insurance?
- When Should You Get A Lawyer For A Car Accident In New York?
- How Long Does An Insurance Company Have To Settle A Claim In New York?
- What Should I Do If An Insurance Company Offered Me A Low Settlement And I Don’t Think It’s Enough?
- What Should I Do If My Car Insurance Claim Is Denied?
What Types Of Car Insurance Claims Can A New York Car Insurance Attorney Near You Help With
Our team of New York car insurance attorneys can assist you with a wide range of car insurance claims, including:
- Personal Injury Claims: If you’ve been injured in a car accident in New York, a lawyer can help you navigate the no-fault system, ensure you receive fair compensation from your own PIP insurance, and determine if you qualify to sue the at-fault driver for additional damages due to serious injuries.
- Property Damage Claims: If your car is damaged in an accident, a lawyer can represent you in dealing with the insurance company to ensure you receive an adequate settlement for repairs or replacement of your vehicle.
- Uninsured/Underinsured Motorist (UM/UIM) Claims: If the driver who caused the accident doesn’t have insurance, or their coverage limits are insufficient, a UM/UIM attorney can help you file a claim with your own insurance company to recover damages.
- Denied or Delayed Claims: If your insurance company denies your claim entirely, or delays processing it unreasonably, a lawyer can fight for fair treatment and a prompt settlement.
- tal Car Reimbursement: An attorney can help you recover the cost of a rental car while your vehicle is being repaired or replaced after a covered accident.
- Hit-and-Run Accidents: If you’re involved in a hit-and-run accident, a lawyer can guide you through the claims process with your own insurance company and explore other options for compensation.
In addition to these specific claim types, our team of insurance dispute lawyers can:
- Investigate the accident and gather evidence to support your case.
- Handle all communication with the insurance company on your behalf.
- Negotiate a fair settlement offer.
- Represent you in court if necessary.
Don’t wonder whether you need a lawyer for your car insurance claim in New York, we believe it’s always best to consult with our team for a free no obligation case evaluation. We will assess your specific situation and advise you on the best course of action.
Is New York A No-Fault-State For Car Insurance?
Yes, New York is a no-fault state for car insurance. After a car accident, regardless of who caused it, you will generally file a claim with your own insurance company to cover your medical expenses and other losses. The rule applies to yourself and your passengers covered under the policy, up to the coverage limits of your Personal Injury Protection (PIP) insurance.
This means the at-fault driver’s insurance typically won’t come into play for covering your medical bills or lost wages unless you meet the state’s “serious injury” threshold.
Here’s a breakdown of how it works:
- No-fault system: This covers your initial medical expenses, lost wages, and other losses, regardless of fault, through your own Personal Injury Protection (PIP) coverage.
- Serious injury threshold: If your injuries surpass the seriousness threshold defined by New York law, then you can sue the at-fault driver and potentially recover additional compensation from their insurance company.
What qualifies as a “serious injury” in New York?
There are two main ways to meet the serious injury threshold:
- Permanent limitation: You suffer a permanent limitation of use of a body organ, member, function, or system.
- Significant disfigurement: You experience a substantial limitation of a body function or system that produces a permanent cosmetic deformity.
- Medically determined: These injuries must be documented by a qualified medical professional.
Examples of serious injuries:
- Bone fractures (depending on severity and location)
- Loss of limbs or digits
- Permanent nerve damage
- Significant scarring
- Head injuries with lasting cognitive impairment
What happens if you meet the serious injury threshold?
If your injuries qualify as serious, you can file a lawsuit against the at-fault driver. Their insurance company will then be responsible for additional damages beyond what your PIP coverage provides, such as:
- Pain and suffering
- Long-term medical care
- Lost future earnings
Even in a no-fault state like New York, consulting with our team of car insurance & accident lawyers after a car accident is recommended, especially if you have serious injuries. If one of the at-fault drivers was working for a company or corporation, there may be more avenues to pursue as well. We can help you navigate the complexities of the no-fault system, determine if you meet the serious injury threshold, and pursue the maximum compensation you deserve.
When Should You Get A Lawyer Near You For A Car Accident In New York?
After an accident, insurance companies, contrary to their slogans, are not on your side – even your own insurance company. They are beholden to shareholders, and that means that their “job” is money in, and minimizing money out. Your settlement negotiations can be just as tense with your own insurance company as they are with an insurance company for an at-fault part – especially in a no-fault state like New York. We do recommend talking to a New York car insurance lawyer near you for any case, but here are some situations where you should consult with one of our expert insurance dispute lawyers after a car accident in New York:
- Injuries: If you or someone you were with was injured in the accident, it’s important to consult with a lawyer. Our team of New York car insurance lawyers can help you navigate the complexities of filing a claim and ensure you receive fair compensation for your medical bills, lost wages, and pain and suffering.
- Property Damage: While minor damage might not require a lawyer, if the damage is extensive and the insurance company is offering a low settlement, a lawyer can advocate for you to get the full value of your car.
- Fault Dispute: If there’s a disagreement about who caused the accident, a lawyer can help investigate the crash and gather evidence to prove your case. New York is a no-fault state, but a lawyer can be crucial in navigating the fault system to maximize your compensation.
- Insurance Issues: If the insurance company is denying your claim, delaying payments, or offering an unfair settlement after a car accident, a lawyer can fight for the compensation you deserve.
- Statute of Limitations: There is a three-year time limit to file a lawsuit for personal injury in New York. Consulting with a lawyer as soon as possible after the accident ensures you have enough time to build your case.
In any of these situations, it’s absolutely advised by our team to schedule a free consultation with one of our car accident lawyers. We can assess your specific case and advise you on the best course of action.
How Long Does An Insurance Company Have To Settle A Claim In New York?
There isn’t a strict deadline for settling an insurance claim in New York. However, New York law does mandate specific timeframes for insurance companies to respond to certain actions after a claim is filed:
- 15 business days: The insurance company must acknowledge receipt of your claim and begin investigating it.
- Additional 15 business days (if needed): The insurer has this additional time to decide on your claim after they complete their investigation, particularly if they require more information. They are obligated to explain why they need an extension
So, while there’s no set timeframe for settlement, an insurance company acting in good faith should be able to address your claim within 30 business days of receiving all necessary documentation. If it goes beyond a reasonable timeframe, it could be a sign of an unfair claims practice, and having an insurance dispute lawyer like Cohen and Cohen on your side could make the difference in obtaining your fair settlement.
What Should I Do If An Insurance Company Offered Me A Low Settlement And I Don’t Think It’s Enough?
Call Us. As New York car insurance lawyers, we’re nearby and we see many clients who are unsure what to do after receiving a settlement offer from their insurance company. Here’s the key: don’t rush into accepting it. Take time to understand the offer, and what it covers, and compare it to the full extent of your damages. Here is where having a great team of lawyers on your side can make a difference. They’ll tell you if the offer is reasonable, or too low – and negotiate on your behalf.
If you haven’t talked to a lawyer yet, there are things you can do to help your position or help the lawyer you do hire hit the ground running. Be sure to document everything! Medical bills, lost wages due to missed work, car repairs, and any other accident-related expenses should be meticulously listed. Don’t forget potential future medical needs or lost income if your injuries are long-term.
Once you have a clearer picture of costs and liabilities, we can negotiate a counteroffer. This revised amount should reflect the true value of your damages, backed by evidence like medical records, police reports, and repair estimates we can help you gather.
Remember, we’re here to fight for what you deserve from your insurance company, or in some cases, from an at-fault party’s insurance company. All insurance companies prioritize their bottom line, and their initial offer might significantly undervalue your claim. By working together, we can ensure you receive a fair settlement that reflects the full impact of the accident on your life. Don’t hesitate to reach out for a free case evaluation – let’s discuss your situation and get you the compensation you’re entitled to.
What Should I Do If My Car Insurance Claim Is Denied?
If your New York car insurance claim gets denied, we can work together on several fronts to fight the decision. Here’s what we can do:
- Deep Dive into the Denial: First, we’ll meticulously examine the denial letter from your insurance company. Understanding their reasoning for rejecting the claim is crucial. This will help us identify any weaknesses or misunderstandings in their explanation and craft a strong counter-argument.
- Gather Evidence to Fortify Your Case: We’ll work together to compile all documentation that supports your claim. This might include the police report, pictures from the accident scene, estimates for repairs, medical bills related to the accident, witness statements if available, and proof of car ownership.
- Handle Appeals with Expertise: Most insurance companies have an internal appeals process. We’ll guide you through this process and help you draft a compelling appeal letter. This letter will clearly explain why you believe the claim should be covered, referencing specific terms in your policy and demonstrating how the accident falls under your coverage.
- Negotiate with the Insurance Company: We’ll handle all communication with the insurance company on your behalf. Our experience in negotiating with insurance companies allows us to advocate persuasively for a fair outcome in your case.
- Prepare for Court, If Necessary: If the appeal is denied, we won’t back down. We can represent you in court and present your case to a judge. Our experience in the courtroom will be a valuable asset in securing the compensation you deserve.
Throughout this entire process, our team of car accident attorneys in NYC keep you informed and involved in every step. We understand that dealing with a denied insurance claim can be frustrating, and we’re here to fight for your rights and ensure you receive the coverage you’re entitled to under your insurance policy.
Don’t let a car accident in New York leave you feeling confused and frustrated. At Cohen and Cohen, our skilled team of nearby New York car insurance lawyers and semi-truck accident attorneys can help you navigate the complexities of car insurance claims and insurance claim disputes, regardless of fault. We’ll fight to ensure you receive fair compensation for your injuries, property damage, and other losses. Don’t accept a lowball offer from your insurance company. Contact Cohen and Cohen today for a free consultation and let us fight for what you deserve.
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