- November 5, 2023
- Tucker Lawyers
- Car Accident Lawsuits
Calculating Bronx Car Accident Compensation: What to Know
Suffering from damages in a Bronx car accident can be costly. You can suffer bodily injury, and your car can be damaged or possibly totaled. Understanding how your damages are calculated is necessary. But more importantly, you do not have to navigate the system alone.
The Bronx car accident attorneys of Tucker Law PC understand the devastation that can accompany a car accident, and we have dedicated decades to compensation recovery for Bronx car accident victims. Standing up to the insurance industry, whose goal is to reduce your compensation, never stands in the way of our determination and success in securing your claim.
Why Choose Us
Our client-centered Bronx car accident attorneys are ready to serve you.
We are:
- Dedicated to New York accident victims. We are located in New York and proudly serve clients residing in this state.
- Willing to work hard and apply the knowledge and skills we have accumulated over three decades to serve you.
- As committed to your claim in the end as we are from the start. We represent you so you never have to stand up to insurance companies and other attorneys looking to discredit your injuries.
What past clients share about our dedication is an excellent indicator of the work we will do for you. We care about your healing and the compensation needed to regain your health.
Compensation for Damages in a Bronx Car Accident
New York follows no-fault car insurance rules. What does this mean when considering damages and calculating compensation in a Bronx car accident?
Personal Injuries
Under no-fault guidelines, New Yorkers must carry a minimum amount of car insurance to compensate for their medical bills covered by personal injury protection (PIP). PIP insurance will cover most medical damages that are caused by the accident. Even though this insurance has costlier premiums, it prevents you from waiting on another insurance company to cover your medical costs.
PIP insurance will cover expenses related to:
- Hospital and medical expenses
- Diagnostic services
- Rehabilitative services
- A percentage of lost wages
- A set amount to cover the cost of routine chores you are unable to perform
- Treatment recognized under your religion.
Later, we’ll discuss compensation if you sustain serious injuries under New York’s no-fault system and how to receive compensation.
Calculating Damages
Personal insurance protection (PIP) does not cover damages to your property, which can be expensive. If you elect to purchase collision insurance, the damages will be covered by your insurance company and reimbursed to them by the other driver’s insurance.
New York insurance law follows a pure comparative fault system, meaning an injured person can receive compensation even if they are partly to blame for the accident. The awarded damages for this type of claim look at the percentage of fault each driver is responsible for. So regardless of whether you hold some responsibility for an accident, you can receive compensation.
Pure Comparative Fault System
Let’s look at an example of this percentage award system to clarify how it works. You decide to take a different route from work to check out a new restaurant you’ve heard everyone rave about, but you are unsure of its location. As you enter the destination into your GPS, another driver runs a red light, sending you crashing into their car at the intersection.
More than likely, because the other driver failed to stop at a red light, they will be held 70% responsible for the accident. Because you had the right of way but were also programming the GPS while moving, you may be held accountable for 30% of the accident because, had you not been programming the GPS, the accident may have been preventable. So, the damages you receive will be calculated at 70%.
How Insurance Companies View This System
The goal of any insurance claims representative is to reduce the percentage of blame on their driver by increasing your percentage of responsibility and reducing the amount of money they are required to pay you. They will use multiple tactics to reduce paying their share of the claim by:
- Pretending to care about your injuries to gain your trust and gather information from you that can hurt your claim
- Delay the claims process by not returning your phone calls, presenting confusing information and paperwork
- Offer a path to a quick settlement which sounds enticing, but the amount they offer is usually much lower than you deserve
- Use any statements that you make to them against you to increase your percentage of the blame for the accident
- Insisting you don’t need a Bronx car accident attorney.
Tucker Law PC strives to ensure positive results in a Bronx car accident claim. We make it our goal not to let an insurance adjuster shift a higher percentage of the accident’s blame on you. This representation is one way we can help, so let’s look at other ways we’re here for Bronx car accident victims.
How We Can Help
Handling the intricacies of a car accident in the Bronx can be overwhelming and time-consuming. We are here to:
- Ensure you receive the medical care that is imperative to your recovery
- Evaluate your accident, understand what you experienced, and determine how we can help you and what your compensation should be according to your damages
- Communicate and negotiate on your behalf, removing the pressure of communicating with insurance brokers and attorneys
- Handle deadlines, filings, and court appearances
- Pursue your case in court and stand with you until your claim is settled.
Calculating Additional Damages
Drivers must carry minimums in liability insurance to cover property and bodily injury damages, which may not cover your injuries. If your injuries are serious under New York Insurance Law §5201(d), then you are allowed to file a personal injury lawsuit against the other driver. Additionally, you may suffer non-economic damages, which can be difficult to quantify monetarily.
A compassionate Bronx car accident attorney will take the time to evaluate these losses, such as pain and suffering and emotional distress, and calculate the cost of these injuries and secure the maximum compensation for these general damages.
Let a Bronx Car Accident Attorney Fairly Calculate Your Damages
You never have to battle the insurance industry alone after a car accident in the Bronx. Speak with a trusted Bronx car accident attorney at Tucker Law PC by calling (516) 399-2364, willing to fight for you when insurance companies try to distort your percentage of blame, reducing your compensation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]