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How Do Truck Accident Claims Work in New York?

how do truck accident claims work in new york

In New York, truck accident claims typically follow a process where the injured party first files a claim with their own insurance provider under the state’s no-fault system. Under this claim, your Personal Injury Protection (PIP) coverage in your own insurance policy will cover your medical costs and lost earnings up to a certain limit, regardless of fault. If the damages exceed this limit or if the injuries are severe, the injured person may then pursue a claim against the at-fault party, such as the truck driver or the trucking company, for additional compensation. 

If you’re considering filing a truck accident claim in New York, remember you’re not alone. At Uptown Injury Law, PLLC, we understand the challenges you’re facing. With over $100 million recovered for our clients, we know how to fight for what you deserve. Call us at 917-540-8728 for a FREE CONSULTATION.

How to File a Truck Accident Claim In New York?

To file a truck accident claim in NY, notify your insurance company within 30 days of the incident. Under the state’s no-fault system, your Personal Injury Protection (PIP) insurance policy can cover medical bills and lost wages, regardless of fault. If expenses exceed PIP coverage or for non-economic damages, consider filing a claim against the negligent party.

However, it’s essential to adhere to NY’s statute of limitations and seek legal assistance from an experienced truck accident lawyer to navigate the claims process effectively.

Filing a No-Fault Claim With Your Insurance Company

If you’ve experienced a truck accident in New York, the first step towards seeking compensation for your injuries and damages is to file a no-fault claim with your insurance provider. New York operates under a no-fault system, allowing you to seek compensation from your insurer regardless of fault. This insurance coverage, known as Personal Injury Protection (PIP), is mandatory for all truck drivers in the state.

To initiate the claim process, file a written notice within 30 days of the accident. This notice should include details such as when and where the accident occurred, who was involved, how it happened, the injuries sustained, and the medical treatment required. Providing authentic and detailed information is crucial for the success of your claim.

Once your insurance company receives your notice, they will review your claim letter and assess the amount of compensation you are entitled to. PIP insurance typically covers:

  • Medical Expenses: Your insurance helps pay for doctor visits and treatments to help you get better.
  • Lost Wages: If you can’t work because of the accident, your insurance pays you 80% of your lost wages, up to $2000 monthly for approximately three years.
  • Other Expenses: Your insurance also helps with other costs, like $25 a day for transportation to the doctor or help around the house.
  • Death Benefit: If someone dies in a truck accident, their estate gets $2,000 from the insurance to help with expenses.

Keep track of all related expenses and documentation, including medical records and bills, to ensure you receive the full compensation. Also, be prepared to provide any necessary documentation promptly if your insurance company requests it.

Filing a Claim With Negligent Party

If your expenses from a truck accident exceed what your insurance covers, you might need to pursue additional compensation from the party responsible for the accident. This involves filing a claim against the negligent party, which could be the truck driver or the trucking company. 

Trucks are required to have substantial liability coverage as mandated by federal regulations. This coverage typically starts at $750,000 but can vary depending on the cargo being transported. For trucks transporting hazardous substances, the coverage requirement can range from $1-5 million. This coverage ensures that funds are available to compensate truck accident victims for their damages. 

Moreover, to qualify for compensation for non-economic losses such as pain and suffering, your injury must meet the “serious injury” criteria defined by New York law. Under New York Insurance Law § 5102(d), qualifying serious injuries include:

  • Death
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Dismemberment
  • Permanent loss of a body organ, limb, function, or system

Make Sure to Follow Statute of Limitations in your State

In New York, the statute of limitations is typically three years for personal injury claims and two years for wrongful death claims. However, if any level of government entity holds the truck involved in the accident, the statute of limitations is reduced to 90 days. Therefore, acting swiftly and initiating legal proceedings within the specified timeframe is necessary to protect your rights and preserve your ability to seek rightful compensation for your injuries and damages.

Calculate the Total Value of your Damages

To accurately calculate the total value of your damages resulting from a truck crash, it’s essential to consider various factors and expenses incurred as a direct result of the accident. These damages typically include: 

  • Medical treatment bills, such as hospital bills, surgeries, medications, rehabilitation, and ongoing care. These expenses are often significant, especially in severe injuries requiring extensive medical treatment.
  • Lost income refers to the income you’ve missed due to your inability to work following the accident. This includes both past and future earnings that you would have otherwise received if not for the injuries sustained in the accident. Calculating lost wages involves assessing your pre-accident income, employment status, and any potential future earning capacity affected by the injuries.
  • Property damage expenses may arise if the accident damages your vehicle or personal belongings.
  • Non-economic losses, such as emotional suffering, mental distress, and loss of enjoyment of life, are also factored into the total value of damages.

Hire a New York Truck Accident Lawyer to Prove Fault

Hiring a New York truck accident lawyer can significantly assist you in proving fault and securing rightful compensation for your injuries and damages. Firstly, they handle the complex task of filing the necessary paperwork and ensuring all legal documents are properly completed and submitted within deadlines.

Next, your attorney drafts and sends a demand letter to the at-fault party’s insurer on your behalf. This letter outlines your injuries, damages, and the compensation you are seeking. It serves as a formal request for settlement negotiations and demonstrates that you’re ready to pursue legal action if necessary.

Furthermore, to prove the at-fault party’s liability, your lawyer will thoroughly investigate and gather evidence to support your claim. This evidence may include:

  • Eyewitness statements
  • Accident reports
  • Surveillance footage
  • Vehicle maintenance records
  • Electronic logging device (ELD) data
  • Cell phone records
  • Expert testimony from accident reconstruction and medical specialists

By building a robust case supported by concrete evidence, your attorney strengthens your position in negotiations with big trucking companies that often have legal teams working to protect their interests. Trucking companies may employ aggressive tactics to minimize their liability and avoid paying fair compensation to accident victims. However, your lawyer serves as your advocate, countering these tactics with thorough preparation and strategic negotiation techniques. So that you can get the maximum compensation you deserve. 

Difference of a Truck Accident Claim and a Passenger Vehicle Accident Claim

trucking industry

Truck and passenger vehicle accidents may seem similar, but there are key differences between them when filing a claim for compensation. Firstly, the size and weight of trucks often make accidents more severe than those involving passenger vehicles. Trucks can cause significant damage and life-altering injuries due to size and speed. As a result, truck accident claims may involve higher medical expenses and more substantial damages compared to passenger vehicle accidents.

Secondly, truck accident claims often involve more complex liability issues. Responsibility may extend to multiple parties, including the truck driver, trucking company, maintenance providers, and manufacturers. Determining who is at fault demands a thorough investigation into factors like driver fatigue, maintenance issues, or faulty parts. In contrast, liability determinations in passenger vehicle accidents are usually simpler due to fewer involved parties.

Additionally, truck accident claims may involve federal regulations and industry standards that passenger vehicle accidents do not. These regulations govern areas such as truck maintenance, driver qualifications, and cargo loading. Violations of these regulations can impact liability and the outcome of the claim.

Lastly, insurance coverage for truck accidents tends to be higher compared to passenger vehicle accidents. This is because federal regulations mandate commercial trucks to carry substantial liability insurance coverage, ranging from hundreds of thousands to millions of dollars, depending on the cargo type being transported.

How Long Does it Take to Resolve A Truck Accident Claim?

The time it takes to resolve a truck accident claim can vary depending on various aspects, including the complexity of the case, the extent of bodily injuries and damages, and the willingness of the at-fault parties to negotiate a settlement. In simpler cases where liability is clear, and the damages are straightforward to calculate, a truck accident claim may be resolved relatively quickly, sometimes within a few months.

However, the resolution process can take much longer in more complex claims involving severe injuries, disputed liability, or multiple parties. Investigations may be required to gather evidence, such as accident reconstruction reports, witness statements, and medical records. Additionally, negotiations with insurance companies can prolong the process, as parties may need time to assess the full extent of damages and reach a fair settlement agreement.

Furthermore, if a settlement cannot be reached through negotiation, the case may proceed to litigation, significantly extending the resolution timeline. Court proceedings, including discovery, motions, and trial, can take months or even years to complete, further delaying the resolution of the claim. 

To speed up your claims process, consult a truck accident attorney at Uptown Injury Law, PLLC. Our team will gather all necessary evidence for you and fight for your rights in court so that you secure the highest compensation.

Can You Still Submit a Claim If You are Partially at Fault for the Accident?

truck accident compensation

In some states, you may still be able to file a compensation claim even if you are partially at fault for the accident, while in others, your ability to recover damages may be affected by your degree of fault.

In states like New York, which follow a comparative negligence system, you can pursue a claim even if you share some fault for the accident. However, your compensation may decrease in proportion to your percentage of fault. For instance, if you’re 20% at fault, your total compensation reduces by 20%.

So, whether you can file a claim while partially at fault depends on your state’s comparative or contributory negligence laws. Consult a qualified truck accident attorney in your state to understand your rights and options for pursuing a compensation claim.

What Type of Compensation Can You Claim in a Truck Accident Not Your Fault?

In a truck accident where you are not at fault, you can claim for both economic and non-economic damages. These damages may include:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Disability or disfigurement
  • Loss of enjoyment of life
  • Wrongful death benefits (if applicable)
  • Punitive damages (in some cases)

How Much Is Your Truck Accident Claim Worth?

There is no specific amount you should expect for your truck accident claim, as the value of your claim depends on various factors unique to your case. These factors may include the severity of your bodily injuries, the extent of property damage, the impact on your quality of life, and the level of pain and suffering you have experienced.

To determine the worth of your claim, it’s essential to factor in both economic and non-economic damages. Economic damages consist of quantifiable financial losses like medical expenses and lost wages. On the other hand, non-economic damages cover pain or suffering and mental distress.

By carefully assessing these factors and consulting with our qualified New York truck accident attorney, you can better understand the potential value of your truck accident claim and pursue fair compensation for your losses.

How Much Does it Cost to Hire a New York Truck Accident Lawyer?

Hiring a truck accident lawyer from Uptown Injury Law, PLLC, will not cost you anything upfront. Our New York truck accident attorneys work on a contingency fee, meaning they only receive payment if they successfully recover fair compensation for your case. Typically, if we win your case, our fee is 33% to 40% of the total compensation recovered.

This arrangement allows you to pursue your truck accident claim without worrying about upfront costs. Additionally, we offer a 100% free-of-cost consultation to discuss your truck accident case and determine the best action to seek compensation for your truck accident injuries and damages.

Get a Free Case Review From Our New York Truck Accident Lawyers

If you’ve been injured in a truck accident, don’t wait to secure the compensation you deserve. Contact Uptown Injury Law, PLLC, at 917-540-8728 to schedule your 100% Free Consultation with our experienced truck accident lawyer. We’ll review your case, discuss your legal options, and outline a personalized strategy to help you recover the maximum compensation amount for your injuries and damages.

Why Choose Uptown Injury? For over 15 years, Uptown Injury has been serving truck accident victims throughout the Bronx, Queens, Manhattan, Brooklyn, and the New York City Metro Area. We are proud of our track record, having obtained results exceeding 100 million dollars for our clients in the New York City Metro area.

FAQ’s

What Is the Average Truck Accident Settlement Amount?

The average truck accident settlement amount is $73,109.92. Generally, this figure represents the median value of settlements in truck accident cases. However, the settlement amounts can vary greatly depending on factors such as the severity of injuries, property damage, and liability determination.

What Are New York’s Truck Rules and Regulations?

The Federal Motor Carrier Safety Administration governs New York’s truck rules and regulations. These regulations include guidelines on hours of service, vehicle maintenance, weight limits, driver qualifications, and cargo securement. Adhering to these rules is crucial for ensuring the safety of truck drivers and other auto vehicles.

What to Do If I Get Injured in a Hit-and-Run Truck Accident?

If injured in a hit-and-run truck accident, immediately report the accident to a police official and seek medical attention. Gather any available evidence, such as witness accounts and surveillance footage, and document your injuries and damages. Contact a personal injury lawyer specializing in hit-and-run cases to help you manage the legal process and pursue compensation for your injuries.

How Much Time Do I Have to File a Truck Accident Lawsuit in New York?

You typically have three years to file a truck accident lawsuit in New York for personal injuries. For wrongful death claims, the timeframe is usually two years. So, it’s essential to act promptly and consult with a seasoned NYC truck accident attorney to ensure your rights are protected within the specified timeframe.

What Are the Common Causes of New York Truck Accidents?

Common causes of New York truck accidents include driver fatigue, distracted driving, speeding, improper lane changes, and mechanical failures. Additionally, adverse weather conditions and inadequate training may contribute to accidents.

Why Should I Inform My Insurance Company after a Truck Accident?

You should inform your own insurance company after a truck accident to start the claims process and access benefits such as Personal Injury Protection (PIP). Failing to report the truck accident promptly may result in delays or denial of coverage. Additionally, notifying your insurer allows them to investigate the accident and gather the necessary information to protect your interests.

Should I Accept the First Settlement Offer after a Truck Accident?

No, accepting the first settlement offer after a truck accident is not advisable. Initial offers from insurance adjusters are often low and may not adequately compensate for your injuries and damages. It’s essential to consult with a qualified attorney who can assess the true value of your accident case and negotiate a fair settlement on your behalf.

What Legal Documents Are Necessary for a Successful Truck Accident Injury Claim in NY?

For a successful truck accident injury claim in NY, essential legal documents include the accident report, medical records detailing injuries and treatment, proof of lost income, and any correspondence with insurance companies. Additionally, witness statements, photographs of the accident scene, and documentation of property damage can strengthen your claim.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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