Our Experienced Brooklyn Car Accident Attorneys Explain Some Important Things You Need To Know If Your Were Injured In A Car Accident
Brooklyn is the most populous county in New York city with nearly 3 million residents. Whether you are driving on Fort Hamilton Parkway, Flatbush Avenue or any of the other busy streets in Brooklyn, the roadways have become increasingly busier over the years. As the number of cars on the road increases, so do the number of accidents. Here are some important things you should know if you were hurt in a car accident in Brooklyn.
How Do You Prove (and Win) a Brooklyn Car Accident Case
There are basically two things that you must prove to win a car accident case. You must first show that the other driver caused the accident, at least to some degree. To do this, you must show that the car accident was caused by the other driver’s violation of New York’s Vehicle and Traffic Law. You can do this by proving, for example, that the other driver wen through a red light, disregarded a stop sign or struck your car from behind. You can also prove a car accident case by simply showing that the other driver was not using reasonable care and failed to keep a proper lookout or drive at a safe speed under the circumstances.
In addition to proving fault, you must also prove that your injury is a qualifying injury under New York’s Insurance Law. Under the law, if your injury does not meet this threshold requirement, your case must be dismissed. This law is sometimes referred to as the serious injury requirement. This law applies in every type of car accident that results in personal injury, including accidents involving: cars, pedestrians, bikes as well as bus passengers. It is import to understand that even if the car accident was caused by a drunk driver, or was otherwise 100% the fault of the other driver, you must still prove a qualifying injury to be entitled to a recovery.
What If The Accident Was Also My Fault?
When a case goes to trial, the jury will be asked to assign a percentage of fault to each person involved in the accident. This is known as comparative negligence. As a result the jury will look at the conduct of each driver and decide: 1) who was at fault; and 2) what percentage of fault each driver has for causing the accident. For example, if two cars are approaching an intersection, a jury could find the defendant driver was 90% at fault for disregarding the red light, but could also find that the injured party was 10% at fault for failing to avoid the accident when it was possible to do so. When this happens, the award to the plaintiff is reduced by their percentage of fault, or in this case, there would be a 10% reduction in the award.
This concept of comparative negligence will also be an issue during settlement discussions. In fact, insurance adjusters will always try to reduce the amount offered in a settlement if there is any possible basis for a jury to find that the injured party may have been comparatively at fault for the accident.
How Are My Medical Bills Paid If I Am In a Car Accident?
People hurt in car accidents will have hospital and medical bills related to the accident. They will also, sometimes, be unable to return to work for extended periods of time. Fortunately, under New York’s No-Fault Insurance law, your hospital and medical bills are covered. Additionally, you are entitled to reimbursement of your lost earnings as well as other incidental expenses. You are required to fill out a No-Fault application within 30 days of the accident to be eligible. Click here for more information.
What If the Other Vehicle Is Uninsured?
Although the law requires that every driver be insured, its no secret that not every driver is insured. This can happen if a person simply fails to buy car insurance. It can also happen if, for some reason, a person’s insurance lapses for any reason – including non-payement of premiums. Regardless of the reason, insurance companies do deny insurance coverage at times. When this happens you do have the right to make a claim for coverage under the provisions of your own insurance policy. This is called and uninsured motorist claim. You can also make a claim if the other driver has too little insurance, depending on the circumstances. This is called an underinsurance claim.
There are times when a person injured in an accident with an uninsured driver has no other available coverage. When this happens, you may be entitled to make a claim against the Motor Vehicle Accident and Indemnification Corporation or MVAIC. Claims against MVAIC have specific time limitations and requirements.
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In you have any questions about your Brooklyn car accident, contact our experienced Brooklyn car accident attorneys for more information by email or calling (800) 762-9300. You can simply fill out one of our car accident intake forms and we will have one of our attorneys get right back to you.