As a victim of a motor vehicle accident, you have two basic rights:

No-Fault Benefits – If you are injured by use or operation of a motor vehicle, you are entitled to certain benefits regardless of whom, if anyone, is at fault. In most cases, whether you are a pedestrian, passenger, or driver of a motor vehicle your medical bills and a certain portion of your lost wages will be paid by the insurance company for the vehicle which either struck you or in which you were an occupant. If you are injured in the scope of your employment, workers’ compensation will usually apply instead of no-fault. However, there are certain requirements, including giving timely notice to the insurance company, completing and filing a timely no-fault application , and submitting to required physical examinations by physicians designated by the insurance company.

Litigation – If you have sustained a serious injury as defined under New York’s Insurance Law and another party is responsible (negligent, careless, and at fault) for the happening of the accident in whole or in part, you are entitled to pursue a personal injury lawsuit. In this lawsuit, you may, depending on the facts involved, recover a cash award or settlement for pain and suffering, wrongful death, emotional distress, permanent disability, medical and out of pocket expenses, future medical care, and loss of enjoyment of life.

Contact our office at (646) 484-5020 for an evaluation of your circumstances.