Posted by Allan Gregory on 01/15/2020

New York's Serious Injury Threshold and Your Claim

New York's Serious Injury Threshold and Your Claim

Dealing with the aftermath of a car accident isn’t always easy. In some cases, you may have the chance to use your insurance policy to recover compensation, which makes it a little easier to act on your claim. However, that’s not always an option. 

If your injuries are especially serious, you may not be eligible to simply file a settlement with your insurance company. You may instead need to take your claim to court because you suffered a serious injury. 

While New York does require no-fault insurance, you may have gotten news that your claim is over the serious injury threshold. But what does that mean for you? Sadly, it could make your claim a little more complex, especially if you don’t have a Queens car accident attorney on your side. Make sure you understand the serious injury threshold and your claim before you get started on your claim. 

What Counts as a Serious Injury?

When you’re injured in a car accident, you may be covered by your personal injury protection insurance, which covers your expenses after a crash regardless of fault. However, you may have suffered some serious injuries, which could affect your claim. 

For example, you may have suffered a permanent disability, such as brain damage or a spinal cord injury. These injuries could affect the way your claim is handled, since your injuries could be long-term losses that will affect your claim. Losses totaling more than $50,000 are also considered over the serious injury threshold.

Because these injuries could be much more expensive, your insurance may not cover your losses. You’ll need to take different steps to get compensated for your losses and recover from your injuries. 

Your Opportunities for Compensation

When you’re hurt in a car accident, your personal injury protection, or PIP, insurance may be your first option for a financial recovery. This insurance policy gives you a chance to to seek out compensation without needing to prove you were not at fault. In these cases, it doesn’t matter who’s at fault—what matters is that you’re getting compensated for your losses. 

However, a serious injury can change that. If you’ve suffered a serious injury, you’ll need to take your claim to court. There, you’ll present your claim and show how the responsible party was careless with your safety, causing your suffering. Your lawyer can represent you through this process, and they can use this evidence to show that you weren’t at fault for your losses. 

Seek Help after a Serious Injury

Getting compensated isn’t always easy, though. Even if you haven’t crossed the serious injury threshold, the insurance company may not be so willing to offer you the full compensation you need for your losses. If your injuries are serious, you’ll need to defend your claim against the liable party to get compensation for your losses.

Fortunately, you do have a chance to get that compensation and move on. If you’ve suffered serious injuries and the liable party doesn’t want to pay for your financial recovery, reach out for the help you need with that recovery. 


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