Being in a truck accident can be a traumatizing experience, especially if you have suffered severe injuries or significant damage to your automobile. Truck accident victims may enlist the services of a New York City Truck Accident Lawyer to guide and assist them in navigating the intricate legal process and help them better understand the steps in the process.
Collecting Information
After an accident, it is crucial to gather the following information before leaving the scene of the crash:
- The name and contact information of all drivers
- The name and contact information of all passengers and witnesses
- The insurance and vehicle registration information of each vehicle
- The make, model, color, and license plate number of each vehicle
- The location of the accident
- Information on weather and road conditions
If the accident involved a commercial truck driver, seek information about the truck driver’s employer. Your truck accident attorney may have to file a lawsuit against the trucker’s employer to recover compensation.
New York Truck Accident Reporting Requirements
New York law mandates reporting of any truck crash involving property damage exceeding $1,000 to the New York State Department of Motor Vehicles (DMV). Reporting a truck accident to your insurance company immediately after the crash is essential. Prompt reporting allows an insurance company to initiate the claim process right away.
Understanding New York’s No-Fault Insurance System
New York is a no-fault insurance state. Your insurance company is responsible for covering your medical expenses and lost wages. New York law requires motorists to have auto liability insurance coverage. The minimum amount of liability coverage in New York is
- $10,000 for property damage for a single accident
- $25,000 for bodily injury and $50,000 for death for a person involved in an accident
- $50,000 for bodily injury and $100,000 for death for two or more people in an accident
You can make a claim under your Personal Injury Protection (PIP) coverage to cover lost wages and medical bills up to the policy limit. Regardless of who is at fault, your insurance company will make a payout under your PIP.
If you have suffered injuries that qualify as “Significant” or “Permanent,” you may seek compensation under the at-fault driver’s policy. Trucking insurance policies are much more substantial than policies for regular vehicles. Insurance companies have much more to lose and will go to any extent to protect themselves and limit their liability.
Demand Letter
A truck accident lawyer will send a demand letter to the insurance company to inform them of the victim’s claims.
The precisely- drafted letter is supported by documents containing:
- A summarized list of the facts and information regarding the victim’s claim
- A detailed description of the medical treatment undergone by the victim and the expenses incurred
- A detailed description of all income lost
- A detailed description of all types of damages and losses sustained.
- A demand for a compensation amount to resolve the claim.
Negotiations
After analyzing the claims made by the victim in the demand letter, the insurance company may accept the demand, deny the claim, or offer a lower settlement. The victim may decide to accept such an offer, continue negotiations, or file a lawsuit after consulting their lawyer.
Contact A New York Truck Accident Lawyer
At Gregory Spektor And Associates, our experienced lawyers specialize in New York personal injury laws. The lawyers at our New York personal injury law firm deal with insurance companies regularly. This experience helps them negotiate settlements within a reasonable timeframe.
If you or your loved one have suffered injuries in a New York truck accident due to someone else’s negligence, call our firm to schedule your free case evaluation.