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Auto Accident Upstate New York Other Driver 100% at Fault
My question involves an injury that occurred in the state of: new York
In June 2019 my daughter was in a fairly serious accident on a highway at 65mph in upstate NY. She was clipped in the rear corner of her 2019 VW Jetta which sent her spinning and crashing into a guardrail. This totaled her car, and put her in the hospital for 2+ days, requiring surgery for a broken radius bone and placing permanent metal implements in her forearm. She lost 3 weeks of work, and was only able to work about 30% for one of her jobs which cost her over $500 per week from that job(server at the cheesecake factory). Its now December and she has been fully released from medical care.
The driver of the car that hit her was 100% at fault, and this has all been stated and confirmed through both insurances.
My daughter now has a very large scar on her left forearm, and metal in her arm for the rest of her life. Not to mention that she lost the money she put down on her new car only a few months before, and then had to come up with another down payment on another car while not working.
Im researching now to see what settlement she should be expecting for this type of injury, along with the missed work, emotional damage for the scar(very self conscious of it), and pain and suffering.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
Enough to cover all her medical bills, now and any in the future. The value of her car, since it was totaled. And the great unknown, without knowing the insurance company involved and the temperment of the courts that could be involved, would be pain and suffering. I suggest consulting with a few experienced personal injury attorney who regularly practice in the county where the accident took place to get an idea what they would expect.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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rhallmcp
Im researching now to see what settlement she should be expecting for this type of injury, along with the missed work, emotional damage for the scar(very self conscious of it), and pain and suffering.
Between a dollar and a gazillion dollars. Nobody anywhere is going to be able to put an estimate on it other than a wild and meaningless guess, not even a personal injury lawyer.
A personal injury lawyer will pick a number based on all the details and make a demand. From then on it's subject to negotiation. If an agreement cannot be reached, a lawsuit follows and the question of damages goes to a jury.
Any settlement or award, of course, would be limited by the "per person" liability limit on the other driver's auto insurance policy.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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adjusterjack
Any settlement or award, of course, would be limited by the "per person" liability limit on the other driver's auto insurance policy.
Any settlement or award to paid by the insurance carrier would be limited by the "per person" liability limit on the other driver's auto insurance policy.
There I fixed that for you.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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PayrolGuy
Any settlement or award to paid by the insurance carrier would be limited by the "per person" liability limit on the other driver's auto insurance policy.
Any settlement with an insurance company could be limited by the "per person" liability limit on the other driver's auto insurance policy. However, if the driver also has an umbrella policy, the settlement could be higher.
An award is not a settlement. It is a judgment by a court. If a settlement can't be reached and the injured sues the driver, the limits have no cap. What the insurance company pays may be less than a judgment.
There, I fixed it for you.:friendly_wink:[
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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PayrolGuy
Any settlement or award to paid by the insurance carrier would be limited by the "per person" liability limit on the other driver's auto insurance policy.
There I fixed that for you.
I feel for ya payrolguy.
Here is something that may be important to the op.
the per person limit is the max the insurance company is obligated to pay out on behalf of their insured to a single party. That’s all well and good but policies also typically have a maximum per accident payout as well. If there are damages sustained by other parties other than the ops daughter, that could reduce the amount available to be paid to the ops daughter. There is no mention of other injury to other parties so it may not apply in this case but if anybody wiped out a guardrail, well, those aren’t cheap. New York minimums are $10k for property damage and $25k personal injury for a single person and $50k for multiple parties. Some areas also charge for emergency services which would also fall under the liability of the at fault party. There was also no mention of other cars involved but it wasn’t stated there were no other cars, with the possibility of injuries to occupants, either.
given the minimum mandatory of $10k property damage, op may be screwed already.
additionally, since New York has no fault medical coverage for auto insurance, the op would have a claim (if she is a New York driver) from her own policy for her medical costs and even a percentage of her lost wages (80% of lost wages up to a max of $2000 per month). There also appears to be a per diem payment available for loss of ability to perform routine personal duties (housework or such) of $25/day. In fact,,after a light review of what New York mandates a person carry, ops daughter may be better off making a claim through her own pip coverage and forgoing suing the at fault party. If she has already made claims against her pip, she needs to research how that affects her claim against the at fault party. She especially needs to consider the attorney fees a suit will cost her. Those alone could turn a win into a financial loss if her ultimate payout is less than her own pip will provide her. Unless the at fault party has some high limits or great personal wealth, her pain and suffering may not be worth suing for.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
She can go outside of the no-fault system if here injuries are considered serious under the law and sue the other driver.
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Section 5102(d) of the New York State Insurance Law defines “serious injury” as any one of the following conditions:
Death
Dismemberment
Significant disfigurement
Fracture
Loss of a fetus
A permanent loss of use of a body organ, member, function or system
A permanent consequential limitation of use of a body organ or member
A significant limitation of use of a body function or system
A “medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.”
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
There were no other vehicles, just her car and the other driver.
in NY, your medical bills are paid by your auto insurance policy, and that will remain into the future anytime there is any medical issues/situations related to this accident(which also makes it very difficult for her to get a new insurance policy!). the at fault driver has allstate, and im pretty sure its a leased vehicle, so her insurance is not at the minimums.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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rhallmcp
There were no other vehicles, just her car and the other driver.
in NY, your medical bills are paid by your auto insurance policy, and that will remain into the future anytime there is any medical issues/situations related to this accident(which also makes it very difficult for her to get a new insurance policy!). the at fault driver has allstate, and im pretty sure its a leased vehicle, so her insurance is not at the minimums.
I dont understand how you can conclude the insurance isnt a minimum level policy, at least regarding property damage and personal injury liability. They would have to have collision on the policy but that doesnt mean they couldnt leave the other items at the minimum required by law.
Has the other insurance offered to pay the property damage claim in full?
in New York pip also includes lost wages and the per diem I spoke of as part of the mandatory minimum pip insurance.
its not cheap to hire an attorney so you may want to crunch the numbers to see if there is a chance at gaining if you sue.
btw: her losses regarding her car is the fair market value of the car at the time of the accident along with the possibility of some minor incidentals. What she paid for a down payment or that she had to come up with another down payment is meaningless to the calculation.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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jk
I dont understand how you can conclude the insurance isnt a minimum level policy, at least regarding property damage and personal injury liability. They would have to have collision on the policy but that doesnt mean they couldnt leave the other items at the minimum required by law.
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im simply basing that assumption off my prior experience with leasing cars. The lease company typically requires higher minimums. any car i leased required at least 100/300 on bodily injury liability. Of course this is solely an assumption.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
as you stated, that was an assumption based on your experience. I don’t think it’s a dependable assumption. I see no reason a leasing company would require a lessee to carry anything regarding the state required coverage. They want to see collision and comprehensive and possibly underinsured motorist coverage. Coverage protecting their interest.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
Doesn't surprise me that a leasing company would require higher liability limits than the state minimum. NY holds the owner of a vehicle liable for the negligence of the driver. It's entirely possible that the leasing company could be named in a negligence lawsuit.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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adjusterjack
Doesn't surprise me that a leasing company would require higher liability limits than the state minimum. NY holds the owner of a vehicle liable for the negligence of the driver. It's entirely possible that the leasing company could be named in a negligence lawsuit.
The graves amendment, enacted in 2005, removed vicarious liability of a lessor of vehicles
https://www.nysba.org/Sections/Torts...ision_pdf.html
Graves Amendment: Federal Preemption of VTL 388
Although cases have been, and presumably continue to be, brought premised on a vicarious liability theory pursuant to VTL 388, the application of VTL 388 to lessors-defendants has been preempted by federal law. The Graves Amendment declares that leasing companies shall not be held vicariously liable under any State law for damages sustained in a motor vehicle accident and, in effect, preempts New York State Vehicle and Traffic Law (VTL) 388 which expressly provides that leasing companies, as owners, are vicariously liable for the negligence of a driver.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
This is a serious question: How could any law force a jury to rule contrary to the way they want to rule? Will the Judge make the ruling for them? I don't think so.
All that matters is how good your attorney is. Laws appear to hold little weight in a trial. The more persuasive lawyer will win regardless of laws.
IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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CONNOR99
This is a serious question: How could any law force a jury to rule contrary to the way they want to rule? Will the Judge make the ruling for them? I don't think so.
All that matters is how good your attorney is. Laws appear to hold little weight in a trial. The more persuasive lawyer will win regardless of laws.
IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
Look up; directed verdict
of course it’s more likely the lessor will be released before the trial even begins when their attorney moves for a dismasal of their client base on the law I cited.
if for some reason the judge and the jury both err, the lessor would appeal and have the decision overturned.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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CONNOR99
IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
That's true to some extent. I've seen first hand what a jury can do for a sympathetic plaintiff when it should have ruled otherwise.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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adjusterjack
That's true to some extent. I've seen first hand what a jury can do for a sympathetic plaintiff when it should have ruled otherwise.
Were you the defendant or did you just see it? It makes a big difference as to how real this is.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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CONNOR99
This is a serious question: How could any law force a jury to rule contrary to the way they want to rule? Will the Judge make the ruling for them? I don't think so.
All that matters is how good your attorney is. Laws appear to hold little weight in a trial. The more persuasive lawyer will win regardless of laws.
IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
With such a law in place, the case would never be heard by a jury.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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PayrolGuy
With such a law in place, the case would never be heard by a jury.
Who exactly would stop the lawsuit from being filed and tried?
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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CONNOR99
Who exactly would stop the lawsuit from being filed and tried?
The lessors attorney who would move to dismiss their client from the suit based on the law clearly stating the lessor cannot be held liable simply due to the ownership issue.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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CONNOR99
Were you the defendant or did you just see it? It makes a big difference as to how real this is.
I was the claim investigator. The claim was rightfully denied. The plaintiff was the widow with 3 children. The jury awarded $40,000 despite the facts.
You're right about the unpredictability of juries. Not exactly common, but it happens.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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adjusterjack
I was the claim investigator. The claim was rightfully denied. The plaintiff was the widow with 3 children. The jury awarded $40,000 despite the facts.
You're right about the unpredictability of juries. Not exactly common, but it happens.
I am sure your insurance company spent six figures in an effort to save that $40.000. But they learned a valuable lesson. Or did they?
It also goes the other way. I just spoke with a 30year insurance excec/investigator. A small child climbed up on a concrete water fountain and it fell and killed the child. There was no coverage due to it being rental property or an expired policy. They paid $1M anyway to avoid a trial that would make the insurance co look very bad. So appearances have a great effect in a courtroom...probably more than laws and contracts do.
So next time would your insurance co pay a claim like that or would they fight it? I say they still would not pay on an identical claim because there is little difference between $40K and $140k to an insurance co when they are out to set a precedent.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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CONNOR99
I am sure your insurance company spent six figures in an effort to save that $40.000.
No, not 6 figures. I once litigated a bogus $80,000 claim. Took a year and $40,000 in our attorney fees but I won and my company paid nothing to the cheater. Nobody said boo about the cost.
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CONNOR99
But they learned a valuable lesson. Or did they?
The lesson is for the insurance consumer to learn. Insurance companies fight bogus claims, win or lose.
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CONNOR99
It also goes the other way. I just spoke with a 30year insurance excec/investigator. A small child climbed up on a concrete water fountain and it fell and killed the child. There was no coverage due to it being rental property or an expired policy. They paid $1M anyway to avoid a trial that would make the insurance co look very bad. So appearances have a great effect in a courtroom...probably more than laws and contracts do.
I wouldn't comment on that one without seeing the file but I had one that went that way. I inherited from a claim rep who had been fired for incompetence. The file was so screwed up that by the time we got into the courtroom the plaintiff's lawyer painted a very disturbing picture and scared our corporate executives out of a million dollars on a $250,000 claim where a total loss fire occurred two days after the policy lapsed.
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CONNOR99
So next time would your insurance co pay a claim like that or would they fight it? I say they still would not pay on an identical claim because there is little difference between $40K and $140k to an insurance co when they are out to set a precedent.
You're right. Both those claims should have been fought to the mat. But it wasn't my decision to make on the fire claim and the cards were stacked against us.
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adjusterjack
No, not 6 figures. I once litigated a bogus $80,000 claim. Took a year and $40,000 in our attorney fees but I won and my company paid nothing to the cheater. Nobody said boo about the cost.
If it was $40K in just attorney fees then it was at least another $20k-$40K in costs (independent medical exams, expert witnesses, depositions, clerical workers, claims adjusters, court reporters, bean counters). Also, just because you prevailed in court does not make the person's claim "bogus." It means you got the first nine people in a Walmart line to be persuaded by your attorney.
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The lesson is for the insurance consumer to learn. Insurance companies fight bogus claims, win or lose.
NO! Insurance companies fight cases they think they can win. It has little to do with a case having merit or being bogus. Since when does an insurance company offer what a jury would award, since you think what a jury decides is just and equitable?
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I wouldn't comment on that one without seeing the file but I had one that went that way. I inherited from a claim rep who had been fired for incompetence. The file was so screwed up that by the time we got into the courtroom the plaintiff's lawyer painted a very disturbing picture and scared our corporate executives out of a million dollars on a $250,000 claim where a total loss fire occurred two days after the policy lapsed.
I don't need to see a file. I looked the man in the eye and he told me about a case he had. People do not lie in real life nearly as much as they do when they speak anonymously.
As to your example above, insurance companies pay when they get scared and they won't pay unless they have to. It has little to do with what is fair, just, equitable or "bogus."
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You're right. Both those claims should have been fought to the mat. But it wasn't my decision to make on the fire claim and the cards were stacked against us.
Insurance companies do take it in the shorts sometimes but they make it back on the masses who do not seek legal help.
Insurance companies decide what cases to fight off databases, not their consciences. Databases of similar cases tried and databases of the attorney they are up against.
Simply put: An insurance company will pay on a bogus claim they think they will lose in court...and they won't pay on a justified claim they think they can beat in court.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
HELLO
The more severe and permanent your injury is, the more pain and suffering you will experience. Insurance companies typically multiply the amount of medical bills by a number between one and five to calculate pain and suffering. The more severe and permanent the injury, the higher the multiplier.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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kamila25
HELLO
The more severe and permanent your injury is, the more pain and suffering you will experience. Insurance companies typically multiply the amount of medical bills by a number between one and five to calculate “pain and suffering.” The more severe and permanent the injury, the higher the multiplier.
Cite?
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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PayrolGuy
Cite?
It's fairly common knowledge (although one might quibble with the specific numbers mentioned.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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pg1067
Way to support a pre-spammer, dude.
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Re: Auto Accident Upstate New York Other Driver 100% at Fault
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PayrolGuy
Way to support a pre-spammer, dude.
If it's a "pre-spammer, dude," then why did you respond to him/her/it?