Nassau County Car Accident Lawyer

Auto Accidents and No-Fault Insurance

Accidents involving motor vehicles are among the most common causes of serious injury and death in the United States each year and encompass the broadest and most frequent personal injury claims. Automobile accidents are a class of tort cases which derive, for the most part, from the basic tort principles of negligence. Negligence is generally defined as the lack of ordinary care and is the failure to use a degree of care that a reasonably prudent person would have used under the same circumstances.

It may arise from doing an act that a reasonably prudent person would not have done under the same circumstances, or, from failing to do an act. The most common types of automobile accidents are caused by: driver error or driver negligence, distractions to vehicle drivers, and failure to properly maintain a car, truck, or bus.

What to Do if You Are in an Accident

Get Medical Attention – Your health should be your first concern. If you feel any pain or discomfort, you should visit an emergency room to be examined as soon as possible. You may have suffered internal injuries that may not become immediately apparent, and not treating these injuries may cause further damage. The severity of your injuries, how long you waited to pursue medical attention, and your course of treatment are all considered by the insurance company in deciding to settle your case or take it to trial.

The Role of an Attorney

If you or a loved one have been injured in an auto accident, contact an attorney who can best advise you as to whether No-Fault applies in your case and whether you have a separate personal injury claim. An experienced New York auto accident attorney will be be able negotiate the best settlement on your behalf, as they have the knowledge necessary to convince insurance companies to compensate you. Before hiring an attorney, ask whether they handle soft-tissue cases – not involving loss of limb or broken bones, for example. You want an attorney who will aggressively pursue your claim.

No Fault Insurance

Where nobody is injured or the injuries are not considered serious, the No-Fault laws of the New York will generally govern any bodily injury claims and restrict recovery. Conversely, the more serious the injury that results from a car accident, the more likely it is that a successful recovery can be obtained.

In New York state, the no-fault law applies to motor vehicle accidents and allows accident victims to get some compensation for medical expenses, time out of work and other incidental expenses, regardless of who was at fault. Every automobile owner in New York State is required to carry No-Fault insurance on their vehicle. No-Fault insurance is part of the vehicle owner’s policy that pays an injured person’s medical bills as soon as treatment begins, before any decision regarding who caused the accident. Normally, No-Fault covers treatment for about two months.  It will cover visits to physicians such as chiropractors, orthopedists, neurologists, the emergency room, and testing such as MRI and CT scans.  It also allows a small amount daily to cover other expenses, such as transportation to and from medical appointments.

Contact a Nassau County Auto Accident Lawyer

If you or a loved one has been injured in an auto accident, contact Evan Gewirtz at the Gewirtz Law Firm by calling or filling out our contact form.

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