New York state laws for automobile accidents relate to a no-fault system. Under these laws, all drivers are required to purchase the liability and personal injury protection. The insurance pays the costs of their own auto repairs and medical requirements. However, in extenuating circumstances, the victim who was injured in the accident has the right to file a lawsuit. A car accident attorney in the Queens NY area helps these victims navigate through a claim.
Requesting a Copy of the Accident Report
The first course of action is to request a copy of the accident report. It designates what driver caused the accident actually. It also presents information about the circumstance of the accident. The report may also provide an attorney enough information to prove liability when the victim’s injuries are extensive.
Reviewing the Testimony of the Witnesses
All witnesses that saw the accident are questioned by the Car Accident Attorney. This helps them gather more details about the accident. Their testimony could provide more evidence to support the victim’s claim.
The doctor that provided medical treatment will also testify. This testimony connects the accident to the victim’s injuries. Through medical knowledge, the doctor identifies whether or not the injuries are conclusive with the events involved in the accident.
Navigating Through a No-Fault System
Since the state requires a no-fault system, victims can file a claim only under certain conditions. These conditions include dismemberment, disfigurement, and the loss of limb. The injuries must present a permanent injury or disability that will affect the victim throughout their lives.
The medical care for these injuries dosen’t have to exceed the coverage value of their insurance policies. However, the injuries must present conditions that will require extensive treatment. These injuries could also produce a disability that could prevent the victim from returning to work.
New York state laws identify the guidelines required for filing a formal claim for accident injuries. The state follows no-fault insurance laws that require all drivers to maintain specific policies. The first step for this victim, however, is to file a claim through their own insurance. Victims who need assistance should contact a car accident attorney in Queens NY for more information.