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  1. #1
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    Dec 2019
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    Default 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.

  2. #2

    Default 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.

  3. #3
    Join Date
    Mar 2013
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    17,513

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting rhallmcp
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    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.

  4. #4
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    Oct 2016
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting adjusterjack
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    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.

  5. #5
    Join Date
    Nov 2013
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    6,671

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting PayrolGuy
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    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.[

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting PayrolGuy
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    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.

  7. #7
    Join Date
    Nov 2013
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    Default 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.

    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.”

  8. #8
    Join Date
    Dec 2019
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    3

    Default 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.

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting rhallmcp
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    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 don’t understand how you can conclude the insurance isn’t a minimum level policy, at least regarding property damage and personal injury liability. They would have to have collision on the policy but that doesn’t mean they couldn’t 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.

  10. #10
    Join Date
    Dec 2019
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    3

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting jk
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    I don’t understand how you can conclude the insurance isn’t a minimum level policy, at least regarding property damage and personal injury liability. They would have to have collision on the policy but that doesn’t mean they couldn’t leave the other items at the minimum required by law.
    .
    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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