What’s Your Personal Injury Claim IQ?

Everybody’s a “know-it-all” when it comes to personal injury claims. Even people that are lucky enough to never have an accident claim to know everything. Everybody has a friend that slipped on a banana peel and collected a million dollars or an uncle that drove his car into a tree and retired on the proceeds on his personal injury settlement. The reality is that nobody collects anything unless they can prove that they were badly hurt as a result of somebody else’s carelessness or recklessness. Let’s see if you know as much as you think.

It’s a “No-Fault” Claim

No. “No-fault” refers to the “Personal Injury Protection” that’s required in New York, and many other states, that provides coverage for most people involved in traffic accidents, regardless of fault. You’re entitled to no-fault benefits even if you drive your car into a tree, and that’s why they call it “no-fault.” A personal injury lawyer in NYC is not a “no-fault” attorney because you must prove that the accident was somebody else’s fault to make a claim.

If You’re Hit By An Uninsured Car, You’re Out of Luck

No. If you’re involved in an accident with an uninsured vehicle, you have an uninsured motorist’s claim. If you are a driver or a passenger, you can file an uninsured motorist’s claim against the insurance policy for that vehicle. Pedestrians hit by uninsured cars can make a claim against their own vehicle or any vehicle owned by a relative in their household. If there’s no car in the household, the Motor Vehicle Accident Indemnification Corporation (MVAIC) will cover the loss. Sadly, many people just assume they can’t make a claim with even calling a Queens, Bronx, Manhattan, Staten Island or Brooklyn car accident attorney.

You Can’t Sue Unless You Have a Serious Injury

Yes. New York law limits claims for pain and suffering to people that have sustained a “serious injury.” Generally, you need to have at least a fracture, a disfiguring scar, 90 days out of work and/or “severe limitations of use of a body part or function” to make a claim. Insurance companies will often pay “nuisance value” for claims that don’t meet the threshold, but if litigation is commenced, the judge can dismiss the case. The best way to find out if your claim meets the threshold is to speak to an experienced personal injury lawyer NYC.

Any Attorney Can Handle A Simple Auto Case

No. Would you have brain surgery done by a gynaecologist? Would you hire a French teacher to tutor your kid in math? Even the simplest auto accident case can be botched by an attorney that is not familiar with everything there is to know about car accident cases. For example, if you are in the course of your employment, your medical bills are paid by worker’s compensation, not “no-fault.” Most car accident attorneys have a staff to help you collect medical benefits, lost earnings and out of pocket expenses. If you’ve been seriously injured in a car accident, you need an experienced Queens, Bronx, Manhattan or Brooklyn car accident attorney. Wittenstein & Wittenstein has been handling car accident cases for generations, and you can count on them for their transparency and excellent settlements and verdicts.

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2020-01-23T12:31:26+00:00By |0 Comments

About the Author:

Senior Partner Ms. Wittenstein began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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