Types of Cases: Motor Vehicle Accidents

     You are in your car, on your way to work or to pick up your children and suddenly, without warning, you are struck by another vehicle. Most of the time, this involves a disruption in their life for a short period of time and involves property damage only. However, in a small percentage of cases, someone involved in a car accident is injured, sometimes very seriously. In such instances it is important to know your rights and responsibilities. First and foremost, it is very important to exchange with the other driver information, addresses and insurance companies. If this is not possible due to your injuries, most often this information will be obtained by the investigating police officer. Make sure, as soon as possible, to report the accident to your insurance provider. If this is not done, insurance coverage for benefits may be denied.

     In New York State, there is a serious injury threshold which must be met before you can bring a lawsuit against another driver who has caused an accident. This threshold is set forth in a statute entitled Section 5012 of the New York State Motor Vehicle and Insurance Law. It states as follows:

     If you do not meet the serious injury threshold, you may not be able to sue the other driver. In such instances, your only recourse is to obtain No-Fault insurance benefits which entitle you to receive up to $75,000 of medical care for medical treatment rendered as related to injuries suffered in this particular accident and wages. It is important after the accident, to contact your insurance company and obtain a No-Fault application form. You and your doctor must fill it out in some detail and return it to your insurance carrier promptly. Like any legal claim, there is a statute of limitations which applies to motor vehicle accidents. You have three (3) years from the date of accident in which to bring a legal claim. If you do not bring a legal claim within that time period you will be barred from bringing a lawsuit against the defendant driver.