Amherst, NY Car Accident Lawyer

Understanding New York’s No-Fault Insurance System

New York operates under a “no-fault” auto insurance system, which can be a source of confusion for many accident victims. In its simplest terms, after a crash, your own insurance policy is the primary source of coverage for your initial economic losses, regardless of who caused the accident. This coverage is known as Personal Injury Protection (PIP).

Your PIP benefits will cover initial expenses, including:

• Necessary medical treatments and rehabilitation costs.
• A percentage of your lost wages up to a certain limit.
• Other reasonable and necessary expenses related to the accident.

However, it is crucial to understand that PIP has limits and it provides zero compensation for your pain and suffering. The no-fault system was designed to handle minor injury claims efficiently. For those who have suffered a “serious injury,” New York law grants you the right to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver to recover full damages.

What Qualifies as a “Serious Injury” Under New York Law?

The key that unlocks your right to sue a negligent driver for full compensation is meeting the “serious injury” threshold as defined by New York Insurance Law. This is a critical legal standard that must be proven with medical evidence. An experienced car accident attorney in Amherst can work with your doctors to document your injuries and prove that you meet this standard. A “serious injury” includes, but is not limited to:

• Death
• Dismemberment
• Significant disfigurement (scarring)
• A fracture (a broken bone)
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• A significant limitation of use of a body function or system
• A non-permanent injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days immediately following the accident.

Insurance companies will often fight aggressively to argue that an injury does not meet this threshold. Our firm has extensive experience overcoming these challenges.

How We Fight for Your Maximum Compensation

When you hire Steve Boyd, P.C., you are getting a team that prepares every case for a win. We provide comprehensive injury claim help in Amherst through a meticulous, proven process:

1. Thorough Investigation: We launch an immediate investigation into your crash. This involves securing the police accident report, gathering photos and videos from the scene, interviewing eyewitnesses, and, if necessary, working with accident reconstruction experts.
2. Proving Fault: We use the evidence to build a powerful case that establishes the other driver’s negligence and liability for your injuries.
3. Calculating Full Damages: We go far beyond the initial bills. We work with you and your medical providers to understand the full scope of your injuries, including the need for future medical care, your total lost wages and diminished earning capacity, and the significant impact of your pain and suffering.
4. Aggressive Negotiation: We take over all communication with the insurance companies. We will counter their lowball offers and negotiate from a position of strength for a settlement that fully and fairly compensates you for all your losses.

Trial Readiness: If an insurance company refuses to be fair, we are always prepared to take your case to court and fight for you before a jury.

Local Knowledge of Erie County Courts

Our firm’s extensive experience handling cases in the Erie County courts is a significant asset. We are familiar with the local court rules, the judges, and the tendencies of opposing counsel. This local insight allows us to navigate the legal system with efficiency and confidence, building a case strategy that is tailored to the specific environment where your claim will be heard.

Frequently Asked Questions