What Makes up a Fair Personal Injury Settlement?

personal injury settlement

If you have been injured in an accident, you have probably spent a lot of time at the doctor’s office and your car has spent some time in the shop. You may have missed hours from work and important social events. You are probably wondering if auto insurance will pay for everything. In order to get a fair deal from an insurance company, you will need to document everything well, and know a bit about the law. A fair settlement will include money for injuries, property damage, and expenses.

New York is a no-fault state, which means that a driver’s own insurance company is responsible for paying their accident-related bills. If the bills exceed the amount for which a driver is covered and the accident was not their fault, then they may be able to sue the negligent driver for damages.

Documenting Your Case 

When you have an accident with injuries, you must call the police and wait for them to arrive. Take pictures if you can and get the names of any witnesses. You must call your insurance company as soon as possible.

Your insurance company will ask you a series of questions, they may ask to tape-record your answers, but you do not have to let them. They will have 15 days to acknowledge your claim, and another 15 to make you an offer.

What you Should Get for Your Car

Drivers in the state of New York are required to carry $10,000 in insurance for property damage. When you are in a crash, the insurance adjuster will determine if your car is able to be repaired or if it is totaled.

If your car can be repaired, your insurance should pay for all damages caused in the accident up to the amount for which you are covered. Adjusters may try to claim that some of the damage to your car was there before the accident.

If your car is totaled in an accident, the insurance company will determine a value for the vehicle and offer you a certain amount for it in the settlement. Insurance companies are not required to use the Red Book or NADA Book to assess the amount of an automobile’s worth. It is very important to consult with an attorney before accepting the insurance companies offer.

Personal Injury 

The insurance company will need to see a copy of all the doctor’s bills that you have that are related to the accident. You will also want to save bills from alternative treatments. You should save all the receipts you have for both prescription and non-prescription medication. You will also need to have your employer write you a letter stating the amount of time you have missed away from work.

Drivers in New York are required to carry $25,000 of insurance for medical injury and $50,000 for death to one person. You must also carry $100,000 of insurance for death or injury to two people.

Your insurance may cover up to 80% of the time you have missed off of work and you may be able to recover as much as $25 a day for expenses. If your medical bills exceed the amount for which you are covered, or if you have suffered from a bone fracture or permanent disfigurement you may be able to sue the at-fault driver for damages.

Finding an Attorney

Recovering the maximum amount of money from an accident starts with hiring the best attorney possible. A qualified attorney will have years of experience in negotiating with insurance companies and they will be able to represent you in a personal injury lawsuit if necessary.

Recovering from an accident is challenging, hiring the right attorney can make recovering your money less stressful.

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Posted - 04/21/2020