20 Fun Facts About Motor Vehicle Law
Motor Vehicle Compensation
A motor vehicle is any device that is used to transport people or property on public roads and is powered by mechanical means. Motor vehicles include trucks, cars, buses, motorcycles, and even aircrafts.
Two studies showed that interaction with insurance companies when claiming compensation for the result of a motor vehicle accident was associated with higher levels of anxiety. More research is needed to understand why this happens.
Damages
The value of your claim for compensation from a motor vehicle accident is contingent on the specific costs and losses you suffered. A personal injury lawyer can assist you in determining the fair compensation for your unique circumstances. Damages are typically classified as "special" or "general." The latter are expenses that can be calculated, such as car repair or medical bills. General damages aren't as easy to calculate and can include non-economic elements like pain and suffering.
If your injuries were serious enough to qualify as serious injuries under New York state law, you may be entitled to additional compensation above and beyond the amount an insurance company will pay you. If you have a permanent disability which significantly impacts your life quality it is possible that you are entitled to compensation for loss of consortium as well as other non-economic damages.
You might be able to recover the cost of public transportation, taxis or ridesharing if you could not drive following your accident. You may also be able to recover costs for maintaining your yard or home if you are unable to do this due to your injuries. You could be able to recuperate the loss through resales of your damaged vehicle.
In some cases the at-fault party might be ordered to pay punitive damages in the event of evidence that the defendant deliberately caused the accident. These damages are intended to punish the guilty party for extreme negligence or recklessness.
Medical bills
The victims of motor vehicle accidents typically face high medical bills that result from their injuries. Certain insurance policies for car insurance offer medical payment coverage (also known as med pay) that can help cover these expenses. In most instances, this coverage is available regardless of who was responsible for the accident.
It is crucial to keep in mind that medical insurance cannot substitute for health insurance. In fact, a person who is injured should always file a claim with his or her own health insurance first before filing a claim with the at-fault driver's car insurance company. It is also possible to receive compensation for expenses, such as transportation costs to and from medical appointments. To ensure that they receive a fair amount of money, victims should be diligent in tracking and archiving receipts.
Finally, No-Fault coverage can help a victim recover lost wages when they are unable work due to their injuries. The maximum amount that can be collected is $2,000 per month for a maximum of 3 years. The No-Fault carrier may also be required to offset this amount by any Disability, Workers' Compensation or Social Security benefits that the injured party is receiving.
Despite the financial assistance which may be available, it could take months, and even years for a favorable settlement to be reached. In the meantime medical debt collectors might contact you, and unpaid bills could have a devastating effect on your credit score. To avoid this, victims should establish a lawyer-client relationship with a law firm that represents auto accident cases.
Loss of wages
You could find yourself facing financial difficulties following an accident. motor vehicle accident attorneys manteca as credit card debt and loan payments may pile up while you are unable to work. In addition, losing income can cause stress in your family. A reputable attorney for car accidents can assist you in recovering lost wages as part of your compensation.
You'll need to provide evidence to show that you lost wages. This could include proof of your pay, your hourly wage, and the number of days missed due to of injury. This can include a letter from your employer Pay stubs and pay stubs or bank statements, tax returns, and more. If you are self-employed, or have a commission-based job the proof of your income may be more difficult. An experienced attorney for car accidents will assist you in gathering all the evidence needed to prove your claim.
You are only able to recover lost wages as part of your car accident claim. You can't get your lost wages back from disability or worker's compensation insurance because this would result in double recovery.
The insurance company with no fault will send you to an independent doctor who they have hired to examine you. The doctor will determine if your injuries, in the doctor’s opinion, prevent you from working. This is referred to as an independent medical examination (IME) and it is important to note that the physician who performs your IME is biased towards the insurance company.
Pain and suffering
Unlike medical bills and lost wages, it's difficult to quantify the suffering and pain that results from a motor accident. It can be more debilitating than physical injuries, because the trauma of a crash may cause emotional issues, such as PTSD. A person suffering from PTSD might experience anxiety or insomnia, which could prevent them from sleeping well. They may also be unable driving due to fear of a crash in the future.
A lawyer can help you determine the total value of your non-economic damages and work with a jury to determine the amount to be awarded for your suffering and pain. The degree of your injuries as well as their impact on your daily life can be a significant factor in the amount which is why it's important to keep a journal to record how your injury affects you, or having family members or friends provide written statements about the condition you're suffering from.
Certain states have a limit on the amount granted for pain and loss. New York does not, but the victims are permitted to file lawsuits and seek compensation for serious injuries, not minor ones. A Manhattan lawyer can assist you in determining the real value of your injuries and establish that you are entitled to a fair settlement.