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Car Accident Settlement Process The process for a car accident settlement in New York usually takes at least a couple of weeks to a few months. Sometimes, it can drag out for up to a year and even more! Patience is crucial when trying to get compensation after a car accident.
Under New York's no-fault law, an insurance company is required to pay drivers, passengers, and pedestrians up to $50,000.00 for their legitimate economic and medical losses but does not provide for pain and suffering. Only permanent injury cases can recover more than $50,000.
When the insurance company for the other party agrees to a settlement, you should receive a check approximately three weeks after the filing of all settlement papers. This means that the other party has essentially accepted responsibility for causing your injuries and there is nothing left to argue.
As New York is a no-fault state, it will not matter who caused the car accident when it comes to your insurance company paying your medical bills and lost wages. The average amount that injured parties receive in car accident settlements is around $28,000.
This means that the driver who was at fault for the car accident has to pay for any property damage. In New York, drivers must carry at least $10,000 in property damage coverage. In most cases, the person who was not at fault will have to file a claim with the at-fault driver's insurance company to get compensated.
Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.
New York is a no-fault state, and injured drivers can file claims with their own insurance without the need to prove fault.
But the value of a case is unique for every accident, which means it's hard to know how much your case is worth until you consult an experienced car accident lawyer. However, the average New York car accident settlement is considerably higher than in other states: about $287,000.