Q: The insurance company of the driver who hit me says I have to use my own insurance before they will pay anything. I have a huge deductible. What do I do?

A: If the victim of an accident is a pedestrian, the insurance company of the driver who hit you is going to be responsible for paying the medical expenses.

In New York State, the No-Fault law allows for speedy compensation to drivers, passengers and pedestrians for basic economic loss. That includes medical expenses, 80% of lost earnings up to $2,000 per month for not more than three years from the date of the accident (less potential offsets from disability, workers compensation, or Social Security Disability benefits), and all reasonable and necessary expenses incurred up to $25 per day for not more than one year from the date of the accident causing the injury.

The No-Fault insurance carrier will pay up to $50,000 for these economic losses. The purpose of this law is to speed compensation without lengthy and expensive legal battles over fault and money owed.

No-Fault does not pay for damage to your motor vehicle or other personal property damaged in the accident.

In the case of serious injuries, you can seek a legal settlement or judgment to cover economic harm and loss damages beyond these coverages, including continuing treatment, lost wages and out-of-pocket expenses as well as non-economic losses such as pain and suffering.

It’s common to assume you do not need the assistance of an accident lawyer to handle a no-fault insurance claim.

But for some no-fault car accident claims the assistance of an attorney may prove valuable, particularly if the insurance company of the driver refuses to settle your claim in good faith. Legal advice can help you cover your losses to the fullest extent possible, understand if the severity of your injuries qualifies you to step outside of the no-fault system, and in some cases, weigh the value of pursuing legal action against the person who caused the accident.

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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