While emerging from a car accident physically unharmed may seem fortunate, the same cannot always be said for your vehicle. Damage can range from minor cosmetic imperfections to significant structural compromise or even complete wreckage. This situation may lead you to inquire whether legal recourse is available against a negligent motorist even in the absence of personal injury. Keep reading as we delve into essential considerations regarding such matters and how a determined Car Accident Lawyer in Queens can assist you in pursuing a claim.
Does New York Operate Under a No-Fault System?
In New York, car accidents are processed under a no-fault system, specifically through Personal Injury Protection (PIP). This legislation ensures that those injured in an auto accident receive compensation for medical expenses and lost income, irrespective of culpability. The primary objective of this system is to expedite the compensation process for injury-related costs. However, it’s imperative to note that this system doesn’t extend to cover property damage to vehicles.
When it comes to vehicle damage, several options are available. One may file a claim under their own collision coverage, which will cover repairs regardless of who is deemed at fault for the crash. Alternatively, a claim can be initiated against the at-fault driver’s auto liability insurance, which is designed to provide remuneration for damage inflicted upon other parties. New York motorists are required to carry at least $10,000 in property damage liability coverage. If an at-fault party’s coverage is inadequate to cover the full extent of damage, legal action may be necessary to recoup the remaining costs.
Can I Sue for Damage to My Vehicle Even if I Wasn’t Injured?
Even in the absence of physical injuries, individuals may still pursue compensation for vehicle damage in New York through the initiation of an insurance claim and, if necessary, subsequent litigation against the at-fault party. Should one successfully secure $10,000 from the at-fault party’s insurance carrier, this sum may prove insufficient to fully address the scope of the vehicle’s damages.
To obtain compensation in a property damage claim, it’s incumbent upon the claimant to establish the other driver’s negligence as the proximate cause of the crash. This process typically necessitates the compilation of evidence, including police reports, photographs of the scene, and statements from witnesses. If the insurance company denies your claim or if the other driver’s insurance coverage is inadequate to cover the full extent of damages, you may consider a lawsuit.
When filing, claimants are eligible to seek remuneration for the expenses associated with repairing their vehicle or replacing it if it has been declared unsalvageable. This can also encompass “loss of use” if a rental vehicle was utilized, or “diminished value” if the vehicle’s resale value plummeted due to its accident history.
For more information, please don’t hesitate to contact an attorney at The Law Offices of George Poulos. Our legal team is prepared to help you fight for the justice you are owed. Connect with our firm today to schedule a consultation.