I have neck/chest/back pain and have never been crashed into before , how do I go about claiming for my injuries? I went straight to the hospital and went to my GP today. does my insurance company sort everything or do I need to contact another company e.g solicitors to sue the other drivers insurance company??
If you seek to pursue a claim for injuries, your best bet would contact a local personal injury attorney for assistance. An insurance company's ultimate goal is to save money and they would take advantage of the fact that you are not experienced in dealing with these claim. At the end of the day, they will not offer any reasonable sum to settle an injury claim unless you have representation.
In NY, before you can recover any money for injuries you must prove that they are 'serious' under our Insurance Law. Based on what you describe, and given that your accident just happened, it is impossible to tell whether your injuries are serious under our law or not.
A local personal injury attorney can explain your rights, including the no fault benefits that you are entitled to, and help guide you through the process. Many firms, including mine, offer free consultations. Good luck!
Under our No-Fault system, your insurance company is initially responsible for medical expenses and loss of earnings. The other insurance company should also be contacted if you intend to pursue a claim for damages, including pain and suffering. It's also important that you obtain the police report and file an application for No-Fault benefits within 30 days of the MVA.
You need to file a no-fault claim form with your carrier within 30 days of the accident to get your medical bills and lost wages paid. In order to recover from the other driver you need to show you suffered "serious injury" as defined in the Insurance Law. Contact a personal injury lawyer asap. Let the lawyer review the no-fault form before you send it in.
In NYS you may be entitled to pain and suffering damages if (a) your injury falls into one of nine (9) statutory definitions of "serious injury"; or (b) your "basic economic loss" exceeds Fifty Thousand Dollars ($50,000.00). These "terms" are legal terms of art. It may not be obvious at the outset whether or not your circumstances meet either of these standards. Nonetheless, you were involved in a motor vehicle accident and you required medical attention as a result. On these facts alone you should consult a personal injury attorney in your area. The consultation should be free - the consequences (of not doing so) may be dire. Best of luck!
The best way to claim for your injuries is to consult an attorney immediately. I handle cases like these and most attorneys (including myself) take such matters on a contingency fee basis, where you pay NOTHING until the attorney gets a recovery for you. You should consult an attorney right away.
Papool Chaudhari ("Pap-pool Cho-der-ee")
Chaudhari Law, PLLC
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