Car accidents have become so prevalent these days that it is almost inevitable that you know someone who has been involved in one. If you have experienced the tragedy of a car accident, you fully understand the hardships and unwanted stress that typically follow such an experience. Directly after a car accident, the first thing on your mind isn’t making sure your legal rights are protected; that’s where the legal team at Martin, Harding & Mazzotti, LLP® steps in. We are committed to ensuring aggressive representation for all of our clients who were involved in auto/car accidents, and are available to provide answers to your questions. We want to make sure your rights are protected through the end.
It is a surprise to many to learn that if you were hurt in a car accident in New York State, regardless of who is at fault, you can still collect money for lost wages, medical bills, and other losses or damages from the insurance company that was covering the car you were occupying at the time of the accident. Also noteworthy, if you were a pedestrian struck by an automobile, the driver of the car that hit you would be liable to pay the same benefits for you or any other pedestrian that was hit. This is known as No-Fault Insurance coverage. In order to collect all that is available to you under No-Fault Insurance, there are several stringent timelines that must be followed. In the event that No Fault Coverage applies to you, please contact our automobile and car accident lawyers at Martin, Harding, & Mazzotti, LLP® in their Saratoga Springs office as soon as possible so that our team can help you meet those important deadlines.
Much like the important deadlines, No-Fault also has specific guidelines that do not include payment for pain and suffering. The New York State laws built around pain and suffering state that the victim must have sustained a “serious injury,” which is also defined by the insurance law. Below is a list of injuries that fall into the “serious” category, allowing one to collect for pain and suffering:
- Significant disfigurement (such as a scar; however, the injury must be significant enough to cause a reasonable person to view the result as “unattractive, objectionable, or as the subject of pity or scorn”);
- Loss of a fetus;
- Significant limitation of use of a body, function, or system;
- Permanent consequential limitation of use of a body, organ, or member;
- Permanent loss of use of a body, organ, member, function, or system; and
- An impairment/injury of a non-permanent nature that prevents the victim from conducting his or her usual and customary daily activities for a period of at least 90 days during the 180 days immediately following the accident
At Martin, Harding & Mazzotti, LLP®, we will review and assess your medical care and ongoing treatment to advise you whether we feel that your injuries qualify as “serious” under the New York State Insurance law.
Furthermore, if a driver that was either not insured or under-insured struck you, or if you were a victim of an unfortunate hit and run, you are still able to make a claim against your own automobile insurance policy to collect benefits. Additional insurance coverage may be feasible through any insurance policy of a vehicle that you or a relative that resides in your household owns if you were injured while in a vehicle that you did not own.
The insurance claiming process after automobile accidents can be extremely tricky at times, and knowing the deadlines, specificities, and legal terminology can help you tremendously. Leave it to the Saratoga Springs car accident lawyers of Martin, Harding & Mazzotti, LLP® to do what we strive to do, and help you get the money you deserve, while you focus on getting a healthy recovery.
The automobile accident lawyers at Martin, Harding & Mazzotti, LLP®, The Heavy Hitters® are here to help you exercise your rights to collect money as a result of your injuries from a car crash. Call us at our local Saratoga Springs, NY office to get a free quote today: (518) 583-1010, or call us toll free at 1800LAW1010® (1-800-529-1010).