Car accidents can leave victims feeling confused and unsure of their next steps, especially regarding compensation claims. Many people hear conflicting information about car accidents that cloud their understanding of what’s true and what’s not. Separating fact from fiction is critical to ensure you know your options after an accident.
Car accident statistics show about 12,093 hospitalizations and 136,913 emergency room visits each year in New York. Misunderstandings about liability and the claims process can discourage victims from seeking compensation. This article will clarify common myths about car accidents to help you make informed decisions if you find yourself in this situation.
Myth One: You Can Only Sue for Major Injuries
Many assume only severe injuries warrant a lawsuit. However, minor injuries, like sprains or small fractures, can support a personal injury claim. Even minor injuries can significantly impact daily life.
What matters in a lawsuit isn’t just the injury itself but also the circumstances of the accident. If another person’s carelessness caused your injury, you may have a right to seek compensation. Emotional trauma, pain, and other less visible effects are also taken into account in personal injury claims.
Myth Two: Insurance Will Cover All Your Expenses
Many people mistakenly believe their insurance will cover all expenses related to an injury sustained in a car accident. Unfortunately, this is often not the case. Insurance policies can vary widely, and many have limitations, exclusions, or caps on coverage that might not fully address your financial needs. Relying solely on insurance can lead to significant out-of-pocket expenses.
In a personal injury lawsuit, you can seek compensation for medical bills, lost wages, and emotional distress. With an experienced lawyer, you can ensure all possible damages are fully considered.
Myth Three: You Can Manage a Car Accident Lawsuit by Yourself
The legal system can be confusing, especially when dealing with insurance companies and their legal teams. Without experience in New York personal injury law, handling a car accident lawsuit alone can put you at a disadvantage.
A car accident lawyer can manage the details of your case, from gathering evidence to negotiating a just, favorable settlement, allowing you to focus on your recovery. This approach not only enhances your chances of a beneficial outcome but also alleviates the stress of managing a lawsuit alone.
Myth Four: A Police Report Alone Guarantees Compensation for Accident Damages
While a police report captures essential details, it’s only one part of building a strong claim. Think of it as an initial resource, but not the entire story. Insurance companies review various pieces of evidence to understand the full impact of an accident.
They may look at:
- Medical records
- Witness statements
- Photos from the scene
- Other supporting documents
A complete investigation helps establish what happened and who’s responsible. Relying on a police report alone may leave out critical information that strengthens your claim.
Myth Five: Fault Doesn’t Matter Due to New York’s No-Fault Laws
Some assume that fault doesn’t matter in New York’s no-fault insurance system. This system lets people file car accident claims through their own insurance, no matter who caused the crash. Although it streamlines some claim steps, the concept of fault is still essential in determining compensation in some instances.
If your damages surpass your coverage limits, you may have grounds to pursue compensation from the at-fault driver’s insurance. Additionally, you can sue the driver if the following conditions are met:
- The injuries you sustained meet the “serious injury” threshold under New York law
- Your economic damages exceed $50,000
Recognizing these exceptions can significantly impact your recovery options after an accident. For that reason, fault remains critical in specific circumstances.
Talk to a Seasoned New York Car Accident Lawyer Today
At the Law Office of Cohen & Jaffe, LLP our bilingual team supports and represents you in English or Spanish. We’re dedicated to building a robust case for our clients and are with you at every step. With experience and commitment, we make sure you feel guided and informed throughout the process.
Partnering with a reputable firm like ours offers several advantages over self-representation. Contact Law Office of Cohen & Jaffe, LLP today at (516) 358-6900 or complete our contact form to schedule a consultation. To learn more about what we’re doing at our firm, visit our YouTube channel.
