Morelli Law Firm has over 40 years of collective experience protecting the rights of injured victims in many areas of New York, including Albany. Contact our team today to learn more about your accident case and legal rights.
Let our Albany car accident lawyers review your collision case for free today. We can explain your options for recovering a payout and possibly hold the at-fault motorist responsible.
Strong Legal Support From Experienced Passenger Vehicle Accident Lawyers in Albany
After a traumatic collision, the legal aftermath may become overwhelming. An Albany personal injury lawyer from our team may be able to seek and recover a payout that covers many of your accident-related losses.
We will also manage all communication and negotiate with insurance companies on your behalf. If you’re prepared to pursue legal action, we will assist you. An experienced car accident attorney from our team will strengthen your claim for compensation to secure the best possible outcome for you.
Each car accident case is unique, and we treat them as such. We will carefully listen to your account of what happened; the more details you can give us, the stronger we can build your personal injury claim. Once our Albany passenger vehicle accident lawyers are familiar with your situation, we will create a custom legal strategy to meet your goals.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800New York Is a No-Fault Auto Insurance State
New York has a form of no-fault auto insurance law that requires owners and drivers of passenger vehicles to carry a Personal Injury Protection (PIP) insurance policy. This system allows those injured in accidents to quickly recover no-fault benefits up to $50,000 for certain losses without having to prove who or what caused the accident.
This system has its advantages, but there are also quite a few drawbacks. Primarily, you may not be able to recover the range of your losses because of the limits on your policy and the way they calculate your payout. This is especially true when you suffer serious accident injuries and miss a significant period at work.
Damages You Can Recover Through PIP After a Car Crash
The damages a passenger vehicle accident victim may recover depend on the specific details of their collision, injuries, and related losses. In New York, the minimum PIP insurance requirements are mandated to ensure that drivers and their passengers receive necessary medical treatment and lost wages coverage following an auto accident, regardless of fault.
Under New York’s no-fault insurance system, drivers must carry a minimum of $50,000 in PIP coverage, which covers medical expenses, rehabilitation costs, and lost earnings.
If you are limited to filing a PIP claim, you can recover:
- Reasonable medical costs based on a published list of fees
- Up to 80% of your missed wages, up to $2,000 per month for up to three years
- A small sum daily to cover related expenses, up to $25
A fault-based auto insurance claim allows additional recoverable damages for victims who can seek these damages. This includes the possibility of extra medical care expenses, additional lost income, expanded limits on related expenses, and the recovery of non-economic losses such as pain and suffering and diminished quality of life.
Our team will identify and document your recoverable damages before filing your accident claim or taking other actions on your behalf. This allows us to determine what a just settlement will look like and know when the insurance company offers a fair agreement.
Contact our Albany Car Accidents Lawyers today
877-751-9800Recovering Additional Damages
The law allows for stepping outside this no-fault process in some cases. According to the New York State Department of Financial Services (DFS), all drivers must carry liability insurance coverage in the event that they cause an accident. When a driver files a fault-based claim with the other motorist’s insurer, they may recover additional damages.
To obtain compensation over the standard payment of lost wages and medical bills, you must meet one of two conditions: a serious injury or basic economic losses over $50,000.
To learn more, contact Morelli Law Firm about your Albany accident. Our team will assess your case for free and determine if you can pursue a fault-based claim. We handle these cases based on contingency for our clients.
Serious Injury
If you were severely injured in a collision, you may step outside of the no-fault insurance system to recover your losses fully. Our Albany passenger vehicle accident attorneys will review your medical records and determine if this is a viable option for you.
New York Civil Insurance Laws (ISC) §5102(d) defines a serious injury as:
- A fatal injury
- Dismemberment
- Severe disfigurement
- Fracture
- Losing a fetus
- Permanently losing the use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
Morelli Law Firm will move forward with building a case to support your claim and hold the at-fault driver responsible. We work with accident reconstruction teams, medical experts, and others to prove what happened, who caused it, and the value of our client’s case.
Basic Economic Losses Exceeding $50,000
Basic economic losses refer to a set of expenses incurred after the accident, up to $50,000. When your crash-related expenses exceed this limit, you may be able to step outside of the no-fault insurance system to get more compensation.
Basic economic losses include:
- Medical bills
- Psychiatric expenses
- Non-medical remedial care in accordance with a religious method of healing recognized by state laws
- Any other professional health services
- Loss of earnings
- Other reasonable and necessary expenses, up to $25 per day for not more than one year
As experienced passenger vehicle accident attorneys in Albany, we will calculate all your losses after the incident. We will use your bills, receipts, and other documents to clearly show how much money you spent.
The Insurance Company Is Not Your Friend
In a no-fault auto insurance state like New York, the insurance company is not your friend. While the system is designed to provide quick compensation for medical expenses and lost wages regardless of who caused the accident, insurance companies prioritize their financial interests over yours.
Their goal is to minimize payouts and maximize profits. Adjusters will try to undervalue your claim or deny legitimate expenses. They may employ tactics to delay the claims process, request excessive documentation, or interpret policy language in ways that benefit them.
This adversarial stance can make it challenging for you to receive the full compensation you are entitled to without professional legal support. Our Albany passenger vehicle accident attorneys generally negotiate to try to reach an out-of-court settlement with the insurance company. However, it is sometimes necessary to take legal action and go to trial to prove a case.
What Happens if the Insurance Company Denies Your Claim?
Filing an insurance claim does not guarantee automatic release of your compensation by the insurance company. Initiating a claim is just the first step in a potentially complex process.
Insurance companies often investigate the accident scene and may dispute or delay payment for various reasons. Therefore, be prepared for potential challenges and seek knowledgeable legal guidance to navigate the intricacies of the claims process effectively.
Common reasons for the insurance company denying your case include:
- Invalid insurance policy
- Incorrect filing of the claim
- Filling out forms incorrectly
- Lack of coverage for the specific incident
- Missed deadlines for filing claims
- Insufficient evidence to support the claim
- Exclusion clauses in the policy
- Failure to disclose relevant information
- Pre-existing conditions not covered by the policy
- Suspicion of fraud or misrepresentation
- Policy lapse due to non-payment of premiums
If your claim was denied by the insurance company, we may be able to get more evidence and negotiate a fair settlement offer. If they refuse to be reasonable, our passenger vehicle accident lawyers in Albany can take your case to trial. Morelli Law Firm will prepare your case for litigation, advocate for your rights, and seek maximum compensation.
Taking Legal Action After a Serious Passenger Car Accident
Taking legal action after a car accident in New York involves navigating a complex legal landscape. While no-fault insurance covers immediate medical expenses and lost wages regardless of fault, it has limitations, especially in cases of severe injuries.
If your accident injuries meet the “serious injury” threshold defined by New York law, you may file a lawsuit against the at-fault driver. This allows you to seek compensation for pain and suffering, additional medical expenses, and other non-economic damages not covered by no-fault insurance.
While few car accident cases end up going to trial, this might be a viable option for you. Our legal team will carefully evaluate all your options to receive compensation and guide you through the next steps.
If you do decide to take legal action, Morelli Law Firm will help you prepare for trial and present an evidence-based case. However, it is important to note that negotiations will be ongoing throughout the process. A favorable settlement could be reached at any time.
Compassionate Legal Support After a Fatal Passenger Vehicle Accident
If you lost a family member in a fatal car accident, we offer our deepest condolences. Losing someone suddenly in such a tragic manner is profoundly painful. During this incredibly difficult time, our Albany wrongful death lawyers would like to extend support to you and your loved ones.
Surviving family members of the deceased may file a wrongful death claim for compensation. If you win the case, the compensation will be added to your loved one’s estate and then distributed according to New York law.
If your loved one left a will, it will provide the probate court with instructions on how to distribute the funds. If they do not have a will, they are considered “intestate,” and the money will be distributed based on the surviving family members at the time of their death.
New York Has a Deadline for Filing Personal Injury Lawsuits
New York Civil Practice Law & Rules (CVP) §214 generally gives accident victims who meet an exemption to the no-fault law only three years to file a lawsuit. If they do not file a civil lawsuit before the third anniversary of their collision arrives, their options to recover damages will likely be limited to any arrangement they can make with the insurer outside of court.
Even when we do not need to take a case to court, time is of the essence. We need to begin our investigation as soon as the severity of our client’s injuries is known to preserve evidence that may be lost over time. Contact our attorneys to learn how much time you have to file a claim after a car accident.
How Much Does an Albany Passenger Vehicle Accident Lawyer Cost?
We understand that after a traffic accident, you are likely struggling financially. However, your financial situation should not prevent you from getting quality legal care. Our law firm operates on a contingency basis to make legal representation accessible for those who have suffered injuries and financial damages.
A contingency fee arrangement means:
- When you hire us, you pay nothing upfront. We will start working on your case immediately and cover all the associated costs.
- You owe nothing unless we secure a settlement or court award from the at-fault party.
- Any attorney’s fees we collect are deducted from your award or settlement; we never take from your personal funds.
Before you agree to hire us, we thoroughly explain this arrangement, including the percentage our firm collects if we win. Our attorneys believe in transparency and want you to fully understand how our fee structure works, empowering you to make informed decisions about your legal representation.
Speak With a Passenger Vehicle Accident Attorney in Albany
An Albany passenger vehicle accident lawyer from our team can take on your personal injury claim. We will help you recover compensation for the expenses, losses, and intangible damages you suffered.
Contact Morelli Law Firm today for free to discuss your accident and injuries with a team member. We offer a free, no-obligation consultation to assess your case and provide personalized legal guidance tailored to your specific situation.
In addition to working for accident victims in New York State up to Albany, we also help clients in New York City and on Long Island, in Northern New Jersey, and in Philadelphia. Call us about your traffic accident in our service area.
Call or text 877-751-9800 or complete a Free Case Evaluation form
