- September 29, 2024
- Tucker Law
- Car Accident Lawsuits
A car accident can impact you emotionally, physically, and financially. You could end up with a car that your insurer deems a total loss and medical bills that seem to multiply by the day. And there’s another expense you may not have thought of — your deductible. If you’ve suffered losses in a car accident that was the result of someone else’s wrongful or negligent conduct, you may not know whether you have to pay your deductible. New York’s no-fault laws often make deductibles and insurance claims more complex, so it’s essential that you have help by your side when starting the process.
At Tucker Lawyers, our team of car accident attorneys provides the guidance you need to tackle the complexities of filing a claim.
Contact Tucker Lawyers by calling us at (516) 399-2364.
Deductibles and Insurance Claims
Until you’re in a car accident, you may not pay too much attention to your insurance beyond making the required payments. However, it’s important to understand what the deductible is and how it impacts insurance claims.
Your deductible is the money you must pay in accident-related bills before your insurance will begin covering expenses. The amount you have to pay depends on your individual plan, but here’s an example: If you were in a car accident that ended up causing losses amounting to $3,000 and you have a deductible of $500, you would be expected to pay for expenses up to your deductible. The insurance company would pay for the remaining $2,500.
Unfortunately, the answer to the question of whether you will have to pay your deductible is “yes” — even if you were in an accident that wasn’t your fault.
What’s more, your deductible typically resets after each claim, so if you get into two collisions in the same month, you’d have to pay it both times. There may be exceptions to this if you have a plan with a continuous deductible feature or if your insurance company has an accident forgiveness program. This program can “forgive” the deductible if you have a good driving record and aren’t at fault for the collision.
At Tucker Lawyers, we know how complex insurance matters can be. By scheduling a free consultation, you can get in-depth answers to all of your questions.
Our car accident lawyers have decades of experience helping people who have suffered because of someone else’s negligence.
Initial Payment of Deductible
The best time to make the initial payment of your deductible is after the insurer accepts the claim. They will usually deduct the amount from your claim after it’s been approved. That’s not always the case, however, so it’s important to find out how your exact policy will work.
You may think it’s unfair to have to pay a deductible for an accident that you didn’t cause. The good news is that you can get the deductible reimbursed if you file a lawsuit against the at-fault party.
Getting Your Deductible Reimbursed
When Can You Get Your Money Back?
One of the most important factors affecting reimbursement is whether you can step outside of New York’s no-fault laws and file a lawsuit. The state allows you to do this if you’ve sustained significant losses, including serious injuries. You then have the chance to file a lawsuit against the other party — but only if they are to blame for the accident.
This means that you must demonstrate the other driver is liable. The process requires showing they were negligent. To do so, you must establish that they owed you a duty of care that they breached and that their conduct led to injuries for which you can receive compensation.
If you’re able to file a lawsuit against the at-fault party, you can claim compensatory damages. Under these, you can include compensation for the deductible.
At Tucker Lawyers, we can help you make sense of your insurance policy and file a claim in a timely manner. Don’t wait to start the process.
Tips for a Not-at-Fault Accident
If you were in an accident that was someone else’s fault and you sustained significant losses, you need to hire a lawyer as soon as you can. Because New York follows modified comparative negligence laws, you can only recover damages in a lawsuit if you don’t hold the majority of fault. It’s in the other party’s best interests, therefore, to try to pin the blame on you once you file a lawsuit. With one of our lawyers helping you, you don’t have to worry about losing your chance to get compensation.
We recommend gathering as much evidence as you can at the scene of the accident. Take photos and videos of the vehicles and your injuries, as well as of any road signs. It’s important to get witness statements, too. Record these with permission or write them down. Those statements can be a huge help when we file your claim.
Get medical attention for your injuries, and make sure to follow all recommended treatments. Additionally, make certain there’s a police report. If you don’t know how to get a copy, we can do this for you. The more evidence we have available for the claim, the better the chances of getting you quick compensation for the losses you’ve suffered, including a deductible reimbursement.
Above all, don’t wait too long to contact us for help. It’s always better to start a claim soon after the accident because it will be fresh in your mind and in the minds of any witnesses.
Contact Tucker Lawyers to Begin a Car Accident Claim
Providing Compassionate and Dependable Representation
Getting into a car accident can mean dealing with medical expenses, car repair bills, and insurance deductibles. If you’re able to file a lawsuit against the other party, you can receive compensation for both economic and non-economic losses.
At Tucker Lawyers, our New York car accident attorneys offer the assistance you need throughout the claims process. We will help you gather the necessary evidence to demonstrate that you were not to blame for the accident and negotiate with insurance companies on your behalf.
Call us at (516) 399-2364 to speak with an experienced personal injury lawyer.
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 ]