At Foley Griffin, LLP, we have represented numerous clients in car accident cases throughout the years. One of the most common topics our Nassau County car accident attorneys are asked about is car insurance. Many people wonder what their insurance covers, how they should handle a claim, and what steps they should take to make sure they aren't charged higher rates in the future. Our firm is fortunate enough to have access to an insurance industry expert—Larry Trapani—from Brooks Waterburn in Long Island. He has been in the insurance industry for more than 25 years.
Larry provided specific insight into some of the most common car insurance questions we get below:
While it may seem like a simple answer, it is really a quite complex. I would recommend going through your insurance company for a variety of reasons.
Generally, the insurance company will pay the storage fees. That is why it is in their best interest to see the car as soon as possible. However, please note that if the car is still working (you can drive it), they will not pay storage fees.
New York is a no-fault insurance state, which means that generally you are reimbursed by your insurance company for damages regardless of whether you were the cause of an accident or not. No-fault insurance provides compensation for medical costs, lost wages, and other expenses without having to go through the process of determining who was at fault in an accident. Victims have 30 days to file a claim for no-fault benefits.
The short answer? No. The long answer? No, but no-fault states have limitations on where you can sue. Lawsuits are only permitted for injuries that meet a certain threshold. These injuries can vary greatly between no-fault PIP states, which makes it even more complicated to determine. If you were injured, you can sue if your claim exceeds the monetary or verbal threshold. Typically, for monetary threshold states, the health expenses must exceed a certain amount, while verbal threshold PIP states require that the medical issue be severe, such as a loss of limb, disability, bone fracture, disfigurement, etc. It can be determined by the length of the injury / disability, such as full disability is considered anything over 180 days.
No. If the accident was not your fault, no fault benefits are non-chargeable.
Yes. You and members of your household are covered as a driver, passenger and as a pedestrian.