If you have ever been in a car accident, then you know what a scary and confusing time it can be. There are so many details to tend to, but it is likely that your auto insurance company may handle a lot of the costs. But do you know what your insurance covers when it comes to auto accidents?

For more information on Car Accidents, visit our NY Automobile Accidents page.

At David Resnick & Associates, PC, we understand that a person injured in a car accident in the state of New York has legal rights that are defined by a No-Fault system, meaning your insurance company will make payments for your injury claims regardless of fault, up to a specified limit. Basic coverage under New York state law requires the following insurance:

• Bodily Injury Liability coverage of $25,000 per injured person, up to a total of $50,000 per accident
• Property Damage Liability coverage with a minimum limit of $10,000

This basic coverage is often referred to as 25/50/10 coverage.

In addition, Personal Injury Protection (PIP) in your coverage helps pay for “reasonable and necessary” medical expenses for you and your passengers. State law requires a minimum PIP coverage of $50,000.

If you, your car or your passengers are hurt or damaged by an uninsured driver, New York state law requires a minimum UnInsured / UnderInsured Motorist coverage of $25,000 per person, $50,000 per accident for any bodily injury caused by the uninsured driver.

The amount of money insurance will pay for damages to your car almost never completely covers what you owe, or what it would cost to replace the car. Some people use “gap” insurance – insurance that will pay the difference between what you would owe on a vehicle and what an insurance company says it is worth. Depending on the policy, gap insurance usually covers accidents and thefts.

What your insurance covers, and for how much, depends heavily on who is at fault for the accident. To legally prove who was at fault for the car accident, you need to make a reasonable argument that another person or company was careless (negligent). If you make a good argument why the other person was at fault, the adjuster will realize that if the matter wound up in court, there is a good possibility that its insured person would be found legally responsible.

Even if you might have partly caused an accident yourself, you can still receive compensation from anyone else who partly caused the accident through carelessness (or recklessness). The amount of another person's responsibility is determined by comparing his or her carelessness with your own. For example, if you were 25% at fault and the other person was 75% at fault, the other person (or his insurance company) must pay 75% of the fair compensation for your injuries. This rule is called "comparative negligence."

For more information:
New York Car Accidents
Automobile Wreck Checklist
Car Accident Legal Glossary
Auto Accident Evaluation Form

There is no formula for assigning a percentage to your carelessness -- or that of the other person. For the best possible outcome, it is important to seek the advice of an attorney experienced in auto insurance cases.

After your claim has been settled, take time to re-evaluate your auto insurance coverage to make sure you have adequate protection to cover you against any future damage or liability claims.