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  • Writer's pictureLeitner Varughese Warywoda

Should I Settle My New York Car Accident Case?

After you have sustained injuries in a motor vehicle accident in New York, you are likely beginning to think about your options for compensation and may be wondering how quickly you can obtain money to help you pay your medical bills and to make up for lost wages due to your inability to work. Yet it is critical to work with an experienced New York car accident lawyer on your case, from the early stages of filing an auto insurance claim to filing a car accident lawsuit against the at-fault driver. Without assistance from an attorney, it can be difficult to negotiate a fair settlement, and it can be difficult to know whether the settlement is in your best interests and if you could ultimately be eligible for additional compensation if you decline a settlement offer.

Regardless of whether you are considering an auto insurance settlement or you are thinking about a car accident lawsuit settlement offer from the defendant, an aggressive New York auto accident lawyer at our firm can represent you so that you can you receive timely and fair compensation for your losses.

Negotiate After the First Auto Insurance Settlement You Receive

When you file an auto insurance claim, you should always plan to negotiate after you receive the initial settlement offer from the insurer. According to the Insurance Research Council, a majority of auto insurance claims end up getting settled for $15,000 or less, but that statistic does not mean that you should assume you will not be able to negotiate a higher auto insurance payout. Your auto insurance settlement will depend in part upon your insurance policy, but you should also have a car accident lawyer who can negotiate with the insurer on your behalf.

Do not make the mistake of thinking that your auto insurer is on your side. Auto insurance companies are thinking about their own bottom line, and they are not advocates for drivers they insure. As such, an initial settlement offer might be much less than you are actually able to receive from the insurance company. By negotiating with help from your lawyer, you may be able to obtain the amount you need to cover your losses.

Learn About Your Eligibility to File a Car Accident Lawsuit in New York

If you cannot obtain what you need through an auto insurance claim, you may be thinking about a car accident lawsuit. Yet you cannot even begin considering whether to settle a car accident lawsuit until you know if you are even eligible to file a lawsuit. Under New York Insurance Law § 5104, you can only file a lawsuit if you have sustained a “serious injury” according to the statute. To be clear, you must meet the “serious injury threshold.” Only then can you file a lawsuit against an at-fault driver.

When you are eligible to file a lawsuit and move forward with it, you should only accept a settlement in consultation with your car accident lawyer. You will want to consider a variety of factors, including your need for compensation quickly and the likelihood that you will win your case and receive a substantially larger payout through a jury verdict.

Seek Advice from a Motor Vehicle Accident Attorney in New York

After a motor vehicle collision, it is critical to seek advice from our New York auto accident lawyers as soon as possible to begin working on your claim for financial compensation. From negotiating an insurance settlement to determining your eligibility to file a lawsuit and guiding you through your civil lawsuit, our firm is here to help. Contact Leitner Varughese Warywoda PLLC for more information and to get started on your auto accident claim.


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