If you suffer injuries in a car accident due to someone else’s negligence, you may assume that because you did not cause the crash, everything will work out in your favour. Insurers often blame victims for accidents to reduce or eliminate any liability.
Talking to a New York Car Accident Attorney after an accident helps you get a better idea of your legal options.
In New York motor vehicle accident cases, insurance companies will determine who is at fault according to the accident and traffic laws prevailing in the state. A claims adjuster will review the facts of the accident and determine who was at fault. The adjuster assigns fault to the party that was most negligent or in greatest violation of the New York accident laws.
New York insurance requirements include personal injury protection (PIP) insurance, so New Yorkers have to file a claim with their insurer, even if the other driver is at fault
Role Of An Insurance Claims Adjuster In Determining Fault
Once you file a claim with an insurance company after a car accident, the company will assign your claim to an insurance claims adjuster.
An insurance claims adjuster’s job is to investigate and determine damages resulting from accidents. The adjuster will investigate if the claimant’s injuries and property damages are eligible for insurance coverage.
Insurance claims adjusters possess extensive training to investigate accidents, determine liability, calculate claim values, and negotiate settlements. As insurance company employees, the adjusters protect the best interests of their employers.
If the adjuster finds the claim eligible, they will conduct a thorough investigation to evaluate the extent of the coverage. The investigation may include:
- Review of medical records, accident reports, and any other relevant material
- An inspection of injuries or property damage
- Interview with witnesses
The adjuster will review policy limits and the strength of the claim. Insurers never pay more than the maximum amount of the policy. If there is strong evidence to back a claim, the adjuster will offer to settle.
If you do not agree with the insurance company’s assignment of fault, you may speak to an experienced car accident lawyer who can file a lawsuit on your behalf to challenge the decision or negotiate for a better settlement.
Role Of A Police Report In Determination Of Fault
If a crash involves bodily injury or property damage, the police will arrive and examine the physical evidence at the site of the wreck, and talk to involved drivers, their passengers, and witnesses. After investigating the accident thoroughly, the investigating officer will prepare a police report that summarises the police’s interpretation of the accident and who bears responsibility.
A police report can strengthen a claimant’s insurance claim or personal injury lawsuit, but it doesn’t have a final say in determining fault. The police report states the officer’s professional opinion. It is not binding on insurance claims adjusters or the Courts of Law.
The police might issue a traffic Citation to the at-party.
Role Of The Courts In Determination Of Fault
More than ninety-five percent of personal injury claims settle out of court. Very few personal injury cases go to trial. Lawsuits are an expensive proposition and litigating parties face mounting legal costs.
Once your case goes to Court for trial, a judge or a jury will determine the at-fault party. A judge or the jury will examine evidence and consider arguments from lawyers of both sides.
Your Trustworthy Allies Who Don’t Let You Navigate The Complex Legal Processes Alone
A car accident lawyer at Gregory Spektor And Associates will meticulously assess the details of your case, such as the circumstances surrounding the accident. They may also gather evidence to determine the viability of an insurance claim or a lawsuit. The lawyers at our New York personal injury law firm will explain the process of filing your claim and what to expect in the ensuing weeks and months. They will help you understand your rights and the damages you may be eligible to recover.
Our compassionate lawyers advise clients to seek the appropriate medical treatment to ensure they back their damages with medical records.
The experienced personal injury attorneys at Gregory Spektor And Associates in New York know how to protect your rights and secure the compensation you deserve.
Schedule your free initial case consultation today to take the next step toward seeking justice, recovering damages, and healing.
