Car Accident Attorney in The Bronx

You may be eligible for compensation when you get injured in a car accident in the Bronx or anywhere else throughout New York. But how and where you file for compensation matters a lot. Here's everything you need to know.

New York Is a No-Fault State

In a no-fault state like New York, you must file a claim with your insurance company when you get injured in a car accident regardless of who was at fault. On the other hand, in an at-fault state, you will file a claim with the other party's insurance company if they cause the accident. 

Back to the no-fault system, you can file a claim with your own insurance provider even if you were at fault for the accident. However, given that the no-fault system requires your own insurance company to compensate you in the event of an accident, some insurance providers don't always play fair. As a result, some may deny you the compensation you need and deserve after such an accident. 

That's where an experienced car accident attorney comes in. But before we discuss that, let's first look at why an insurance provider might deny your claim in such a state. 

Ineligibility Reasons 

Some car accident victims may not be eligible for insurance benefits under the no-fault system, while others may only have limited access to these benefits. For example, in most cases, motorcycle, ATV, and scooter drivers may not have access to no-fault insurance benefits. The same applies to intoxicated drivers or drivers injured in car accidents while committing a felony. 

Missed Deadlines 

The insurance provider might also deny you benefits if you failed to submit a claim on time, usually not later than 30 days after the accident. However, some insurance providers might deny you benefits even if you notified them after the accident. This could be a result of perceived procedural mistakes but not actual mistakes. For instance, if you submitted any other form of written notice to the insurer, such as a copy of the police report, this could also count as a claims notice. Therefore, the insurer should not bar your claim on the grounds of delayed submission. 

Some insurance companies might deny your claim because you did not respond to a request for additional information. When the insurance provider requires more information to process your initial claim, they'll most likely send you a letter requesting this information before a certain deadline. But such companies should not deny your claim if you fail to meet their deadline. Unfortunately, these incidents occur all the time. 

Insurance is just like any other business. In fact, while most businesses make legitimate profits, some rogue insurance companies make money from wrongfully denying their client's the benefits they may be entitled to after an accident. They do this while hoping the claimant won't realize the importance of working with an attorney. This is because hiring an attorney to represent you significantly reduces the chances of the insurance company playing games with your claim. 

Car accident attorneys understand how traffic laws work in the Bronx. They know how insurance companies should or should not conduct themselves when reviewing or processing claims. So when the insurance provider denies your claim because you missed a deadline they set, which was convenient for them but not you, it may be time to speak with an experienced Bronx car accident attorney. 

Benefits Limit Reached 

The insurance company might inform you that you have run out of benefits. This could be true or just another tactic to deny you what you're entitled to after the accident. Typically, in the Bronx, most drivers are required to have Personal Injury Protection of up to $50,000 per driver. So unless you've received a check of $50,000 from your insurance provider, chances are you may still be eligible for benefits that you don't know about. 

Now, let's assume that, indeed, you've exhausted your PIP insurance benefits. In that case, your attorney can help you explore other options to seek compensation. To put things into perspective, you may be able to recover additional compensation through Additional Personal Injury Protection. You may also be able to recover compensation from the other driver's insurance company if you've exhausted your existing PIP insurance.

The same applies if more than one party is responsible for the accident. For instance, if a failed airbag is part of the reason you got injured or your loved one died due to the accident, your attorney might be able to investigate the airbag to establish whether this could also double up as a product liability case. If so, the attorney will gather crucial evidence to sue the party responsible for manufacturing the defective airbag, maximizing your benefits in the process. 

The specific details of the accident also help determine how you'll recover benefits under the no-fault insurance system. As noted earlier, you'll file a claim with your own insurance provider if you got injured while driving your own vehicle. However, if you were a passenger in another driver's vehicle, their insurance company should compensate you for the damages suffered. 

But what happens if you get injured by an uninsured motorist? In that case, you may still be eligible for benefits under New York's Motor Vehicle Accident Indemnity Corporation. Consulting an experienced car accident lawyer in the Bronx is the best thing to do if you ever find yourself in such a situation. The attorney will analyze your options and provide the best possible way to navigate the claims process. 

The damages you may be able to recover usually depend on the specifics of the car accident. Also, given that New York is a no-fault state, it limits the damages you may be able to recover under your own PIP insurance. Here's what you may be able to recover under PIP insurance in the Bronx:

Medical Expenses

Your PIP insurance should cover your medical expenses up to a certain limit. In New York, the standard PIP insurance coverage each driver should have is $50,000. However, you're free to purchase more coverage if you wish. 

Lost Wages

This insurance also covers the wages lost as you recover from the injuries. You may be eligible if you cannot work due to the injuries. To prove your eligibility, a seasoned attorney will help gather crucial paperwork such as your pay stubs if you're employed or your business financial documents if you run a business. 

Associated Costs

This insurance also covers certain costs associated with your injuries. For example, it covers the transportation costs to and from your medical appointments. 

Although PIP insurance and New York's no-fault laws limit the scope of recovery an accident victim may be entitled to, it is still possible to recover beyond this limit. As the accident victim, you may be able to secure additional compensation beyond the set limit if you suffered:

• permanent injuries preventing you from working or using a particular body party;
• permanent disfigurement;
• bone fractures; or
• substantial disability for at least 90 days.

In that case, you may be able to file a third-party claim against the other party's insurance company or a lawsuit if they're unwilling to settle out of court. You may also be able to recover compensation for non-economic damages such as pain and suffering when you file a third-party claim in the Bronx. 

Before that, it is always advisable to consult an experienced Bronx car accident attorney. The attorney will review your case and let you know what you may or may not be able to recover as compensation for your injuries. 

Given the high number of car accidents in the Bronx, you'll most likely come across many car accident lawyers and law firms claiming to be the best in the industry. But you shouldn't take their word for it. Here are some tips to help you choose the best Bronx car accident lawyer.

Consider Their Experience

Don't just hire any attorney to represent you—it's crucial to work with only those with a proven track record. An inexperienced car accident lawyer will not fight for your interests like an experienced one. In addition, they may not know how to maximize your claim, something that's very important in the claims process. Speaking of experience, Morgan & Morgan boasts over three decades of experience helping car accident victims all over New York and the entire country. 

Examine Track Record

You want a law firm with a strong record of winning such cases. At Morgan & Morgan, we've helped clients recover over $20 billion as compensation for various injuries suffered due to someone else's negligence. If you work with an attorney or law firm that lacks the track record to prove their experience in handling such cases, they'll most likely use your case as an experiment, and that's the last thing you want. 

Research Their Reputation

When looking for a law firm or attorney to handle your case, reputation is everything. For example, Morgan & Morgan needs no introduction to the world of personal injury cases. We're literally the largest personal injury law firm in the country, boasting over 25,000 5-star reviews on different platforms across the internet, such as Google, SiteJabber, and more. 

Consider Their Legal Resources 

An injury law firm or attorney should have access to powerful legal resources to fight for you. Without that, they'll most likely not build a strong case to maximize your claim. Such cases require a lot of time, attention, and research, which costs a lot of money. If you work with an attorney or lawyer with limited resources, they'll most likely settle for a lowball offer just to end the case and move on to the next. 

And when that happens, you won't have recovered what you are truly entitled to. Additionally, once you sign the release of a settlement agreement with the insurance provider, you waive your right to sue them over the same injuries. This is very heartbreaking, especially when you need additional compensation to settle important medical bills and other expenses arising from the accident. 

You need an attorney who's not only aggressive but also a good negotiator. You deserve an attorney who won't be afraid to fight for you in court if the insurance company refuses to settle what you may be entitled to as compensation for your injuries. That's what you get when you let Morgan & Morgan car accident attorneys in the Bronx handle your case. In fact, our attorneys are required to settle a certain number of court cases every year. So if the other party won't settle out of court, we'll see them in court. 

Working with attorneys from the country's largest personal injury law firm gives you peace of mind knowing that your case is in safe hands. Contact us for a free, no-obligation case evaluation. We will review your case confidentially and then contact you about your options. And if you have a valid claim, we will work with you throughout the claims process, ensuring you receive the compensation you need and deserve.  

Remember, we do not charge any upfront fees, and you do not pay us anything unless we win. So what are you waiting for? Contact us anytime, any day, to speak with an experienced, dedicated, and understanding legal representative.