When you’ve been involved in a car accident, getting a settlement will be key to recovering from the injuries you’ve suffered and paying for the repairs you need. Unfortunately, it’s not always so easy to obtain that settlement. Even when the other driver was inarguably at fault, you might find obstacles arising between you and your funds.
For example, your auto insurance denied your accident claim. What’s next? For New York victims of car accidents, your next step will be to contact a lawyer for help. They will have the necessary knowledge and resources to combat a denial, and then work diligently to get the total compensation you deserve.
Filing Your Insurance Claim
When you’re seeking a settlement for your accident, who you file with matters. New York is a no-fault state, which means that your insurance company should cover the expenses for your car crash, no matter who’s at fault.
This means you’ll need to file a claim with your insurance company and let their representatives seek compensation from the other company. Or, you’ll file a third-party claim. Both of these scenarios can be difficult to manage on your own.
When you file with your insurance company, you’ll need to watch what you say on the scene, or later during phone or in-person statements. Make sure that you haven’t said anything that would put you at fault, which might put your insurer’s chance at subrogation at risk.
Filing a third-party claim can be difficult. You’re not that insurance provider’s client, and they might be less willing to work with you for your compensation. Insurance providers are for-profit companies, so they likely prioritize profits over your recovery. If you’ve spoken to both insurance companies and are still having difficulty achieving a positive outcome, reach out to a qualified car wreck attorney.
You Can Fight Back
If you’ve been denied by the insurer, you’ll need to file a claim against the responsible driver to get your full compensation—a lawyer can help. Fighting for your compensation can be difficult, especially if the defendant argues that you were partially at fault.
New York law makes it possible to place part of the fault on both parties, as accidents where only one driver made a mistake are rare. That means your compensation could be reduced based on the amount of fault you’re found responsible for. For example, you might be found 15 percent at fault, and that means you’ll only receive 85 percent of your full compensation.
Contributory negligence can make recovery difficult. Those are funds that should be allocated toward your recovery, so you’ll need to fight back to protect the full value of your claim. Fortunately, that’s where a lawyer can step in.
Get Help Obtaining Compensation
When your auto insurance company denies your accident, you might be left wondering, “What’s next?” Unfortunately, when this is coupled with severe injuries and trauma, it can be overwhelming to stack an injury claim on top of that. That’s where an experienced attorney from Greenstein & Milbauer, LLP steps in.
A highly trained car accident lawyer can help you recover when you’re not sure where to turn. If you’ve been denied a settlement from your insurance provider, filing a civil claim can get you the full compensation you deserve. Start with a free consultation today, where we’ll go over your denial and explain how we we’ll move forward before you sign anything.
When you’re ready to fight for the compensation you need for recovery, reach out to our lawyers. Give us a call at 1-800-VICTIM2 (842-8462) or fill out the online form below to begin.