When your spouse or significant other is injured in a car crash in New York City, it can be a very difficult time for everyone involved. Not only is your loved one dealing with the physical injuries from the crash, but you may also be dealing with the added stress of taking care of them–including struggling with the medical bills, taking time off work, and so on. The questions may be filling your mind: how does insurance work? How do you cover expenses, especially if you’re losing income along with your spouse? Perhaps your significant other’s losses will be covered by insurance or a personal injury claim–but what about any losses you sustain? Let’s unpack some of these questions.
Personal Injury Compensation in New York
New York is first and foremost a “no-fault” state, which means your first line of defense for compensation will be to file a claim with your spouse’s Personal Injury Protection (PIP) insurance. The good news is that PIP covers economic losses both for your spouse and everyone in the household–which means if you live with your loved one, their insurance covers your losses, as well. So the first step is to file a claim with the PIP insurance as soon as possible.
For what PIP fails to cover (for example, if the overall costs exceed the policy limits), you and your loved one may still be able to recover additional damages in a personal injury lawsuit against the at-fault driver. Damages that can be recovered in a lawsuit include both economic and non-economic losses, such as medical bills, lost wages, and pain and suffering.
Track Your Expenses and Lost Income as Well as Those of Your Loved One
While providing care for your loved one after the accident, start keeping a record of all expenses for both of you, including medical expenses, travel expenses, incidentals, etc. Keep copies of all receipts as these provide documentation of the total loss incurred by the accident—not just your spouse’s losses, but yours as well since you are providing care. If you’re forced to stay home from work to care for your loved one, keep a record of your lost wages, as well–and make a note of any paid personal days and sick days you took off, as well, as these may also be reimbursed at some level.
Get Help from a NYC Personal Injury Attorney
While you may be entitled to some compensation for your expenses along with your loved one, actually getting the settlements may be a complicated process. Insurance companies often look for loopholes to avoid paying, and disputes over determining comparative fault in an accident can cause delays lasting months. To ensure your loved one receives the full amount of compensation they (and you) deserve, contact a skilled NYC personal injury attorney as soon as possible to give them time to process the details of your case and work on your claim.
At Campson & Campson, our attorneys have plenty of experience with even the most complicated personal injury claims. Call our offices at (212) 302-1180 today for a free case evaluation.