- No Recovery No Fee!
- Personal Injury
- Tourist Related Injuries
- Wrongful Death
- Work Related Injuries
- Blog
FREQUENTLY ASKED QUESTIONS
We frequently get asked the following questions. You may find the help you need here. If not, you may email us or call (716) 854-0700 for a free consultation with absolutely no fee or obligation.
Q. I heard New York is a “no-fault state”. What does this mean?
A. The term no-fault means the insurance company for the car you are in is required to pay certain expenses regardless of who caused the accident.
- Medical expenses are covered by no-fault.
- Some or all lost wages are covered by no-fault.
- However, there are time limits to apply and limits on what you may recover.
As soon as possible you should talk to a truck accident lawyer familiar with no-fault, worker’s compensation, disability and the interplay of different types of insurance.
Q. If a truck caused my injuries isn’t the trucking company responsible?
A. If you are in another vehicle the insurance company for the vehicle you are in must pay no-fault benefits.
If you have suffered what New York law defines as a “serious injury” you can get a money recovery against the trucking company for personal injury and disability, sometimes called “pain and suffering”.
Q. What should I do following a truck accident?
A. Be sure everyone is out of harm’s way. Make sure everyone is okay. Call the police. Get the names of witnesses. You should know trucking companies often send investigators, insurance adjusters and defense attorneys immediately to the accident scene to work on disputing the company’s liability.
Q. How do I deal with the trucking company and its insurance people after the truck crash?
A. Trucking companies or their insurers have lawyers, investigators and accident reconstructionists available. They are often at the accident scene looking for ways to dispute liability or dispute an injured party’s condition.
You are at an unfair disadvantage. You should contact a truck accident attorney who can deal with a trucking company. You should not sign documents until you talk to a truck accident lawyer. Often injuries improve over time, sometimes they get worse. You should not unknowingly give up your rights.
Q. I was partially at fault for the accident. Can I still recover?
A. Yes. The no-fault carrier is still required to pay no-fault expenses.
Under New York accident law if you have a serious injury you can also recover what is called “pain and suffering”.
Under New York accident law if the truck driver is found to be 50% at fault for causing these injuries the trucking company is responsible for 50% of the injuries. If 75% at fault the trucking company is responsible for 75% of the injuries. You cannot recover for any percent of the accident you caused. This is fair.
Q. Who will pay for the damage to my car?
A. If the trucking company cannot dispute liability, such as when a truck fails to stop and drives into a stopped vehicle, the trucking company may agree to pay for the damage to your car or truck. Often, the company will dispute liability even if it seems obvious and only offer to pay for a percentage of the damage caused. In such a case you may use your collision coverage if you have it. If you do, ask your insurance company to reimburse your deductable if it gets a full recovery from the trucking company.
Q. I’m a New York resident who is injured in a truck accident in another state. Should I hire a New York personal injury lawyer or an out of state lawyer?
A. New York’s no-fault and insurance laws are complicated. Specific time requirements and notice requirement peculiar to New York State apply.
It is likely an out of state attorney will not be familiar with some of the complications.
You should contact John Feroleto - Personal Injury Attorneys. We have handled truck accident cases in other states and can work with top attorneys in other states and experts to see the result is fair to you.
Q. How long do I have to pursue a truck accident claim in New York?
A. Generally, you have three years to bring a lawsuit against a trucking company. However, there are exceptions and you should not wait.
Trucks owned by cities, villages authorities or others may have a very short time limit. Some may require a notice of claim to be made soon after the accident or you may be prohibited from bringing a lawsuit.
Generally, a child has three years after his or her eighteenth birthday to bring a claim.
Q. What is a commercial truck?
A. A commercial truck is defined as having a Gross Vehicle Weight Rating of more than 10,000 pounds. This requires the trucking company and driver to follow specific safety laws. Examples would be 18 wheelers, tractor-trailers, delivery vehicles and other trucks. Smaller trucks may be used for commercial purposes and not subject to federal safety laws.
Q. Would I sue the truck driver or insurance company?
A. The truck driver may be at fault. The trucking company may be at fault. Payment would be made by the trucking company’s insurance. Also, a shipping company, trailer owner, maintenance company or other may be responsible.
Q. What damages could I recover?
A. Under no-fault you can get reimbursed for medical expenses, prescription reimbursements, medical transportation and wages lost.
You may also recover what is sometimes called a “pain and suffering” award. It is for more than pain and suffering and is intended to compensate an injured person for disability, restrictions, loss of range of motion, loss of limb, loss of ability to work fully or use a body part.
The settlement should reflect the extent of injury including lost wages not covered by no-fault, future medical expenses and the degree of injury or permanency.
Federal regulation sets the absolute minimum insurance policy for an interstate trucking company at $750,000.00. Many companies have additional coverage.
Q. How long will it take to resolve my case?
A. Sometimes the insurance company is to resolve a case early, sometimes it holds out as long as possible, particularly in cases involving serious injury. However, most cases resolve between several months and 2-3 years.
Q. What is my truck accident case worth?
A. The answer depends on many factors such as the type of injury, the length of time the injury lasts, if your injury is permanent, future medical bills, lost wages, and other factors. Be wary of someone who tells what your case is worth before all information has been secured.
Contact John Feroleto at (716) 854-0700
910 Main Court Building | 438 Main Street | Buffalo, NY 14202 | (716) 854-0700
