New York Auto Accident Litigation

Common Misconceptions

Much confusion exists about New York automobile accident litigation. The lawyers at the Jacob Fuchsberg Law Firm want you understand the facts and be aware of these common auto accident lawsuit misconceptions:

Anyone involved in an auto accident can file suit.

Not necessarily. You may not meet the criteria for a lawsuit. New York is a no fault state, which means that there are limits to personal injury coverage. Additional payments for pain and suffering payments apply only for serious injuries, as specified by the no fault regulations.

If you file suit, you will get your day in court.

There is no guarantee that you will get your day in court, and if you do, that the ruling will be in your favor. It is often advantageous to settle in advance of litigation.

There is no time limit for filing a claim or a lawsuit.

This is an untrue and dangerous assumption. In New York, you generally have three years from the date of the accident to file suit. However, to protect your rights, you must file a no fault claim within 30 days.

You can represent yourself.

You can settle a no fault claim without an attorney – but you may not receive all of the compensation that you're entitled to receive.

You can't receive medical treatment until your claim is settled.

Not true. You can receive treatment immediately. In New York, the insurance company representing the owner of the car at fault in the accident is responsible for paying your claims. In the case of hit and run or uninsured drivers, you can file notice of the accident with the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC).

You can receive future payments once you've settled with the insurance company.

Once your claim is settled, you relinquish your rights to any future payments.

For a free consultation about your New York auto accident claim, contact the Jacob Fuchsberg Law Firm by calling 212-869-3500, stopping by our New York office, or complete our contact form at www.fuchsberg.com.