If you’ve been injured as a passenger in a car accident in Buffalo, understanding the process of filing your own claim is vital to ensuring that you receive the compensation you deserve. The experienced attorneys at Andrews, Bernstein & Maranto, PLLC are dedicated to helping injured passengers navigate the complex steps of the claims process. Whether you’re dealing with insurance companies or legal hurdles, knowing what actions to take can make all the difference in your recovery.
Your Rights as an Injured Passenger in Buffalo 
Being a passenger in a car accident can leave you in a difficult position, both physically and emotionally. You might find yourself dealing with painful injuries, medical bills, and lost wages, all while trying to understand what steps to take next. If you’ve been injured in a car accident in Buffalo, one of the first things you should know is that you have the right to pursue compensation. This is true whether you were a passenger in your own vehicle or another person’s car, or whether you were involved in a multi-car accident. Andrews, Bernstein & Maranto, PLLC has helped many clients in Buffalo who have found themselves in this exact situation, and our attorneys understand how challenging it can be to deal with insurance companies and the legal process on your own.
When you are a passenger in an accident, your ability to seek compensation for your injuries depends on several factors, most notably who was at fault for the accident. Buffalo operates under a no-fault insurance system, which means that your own insurance company is generally responsible for covering your medical bills and other expenses, regardless of who caused the accident. However, there are situations in which your insurance may not be enough to cover all your damages, especially if you suffer from serious injuries or long-term effects. This is where having a skilled attorney from Andrews, Bernstein & Maranto, PLLC can be invaluable.
Steps to Take After Being Injured as a Passenger
If you’ve been injured as a passenger in a car accident in Buffalo, taking the right steps in the aftermath can have a significant impact on the outcome of your claim. Here are the crucial actions you should take:
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1. Seek Medical Attention Immediately
Your health and well-being should always be the top priority. Even if you feel like your injuries are minor, it’s important to seek medical attention immediately. Some injuries, like whiplash or concussions, might not be immediately apparent but can worsen over time if left untreated. Additionally, having a medical record that documents your injuries will strengthen your case when seeking compensation. Make sure to follow your doctor’s orders and attend any follow-up appointments to ensure that your recovery is properly documented.
2. Collect All Relevant Information
It’s important to gather as much information as possible from the accident scene. If you are able to, take the following steps:
- Exchange contact information with the driver of the vehicle you were in, the other drivers involved in the accident, and any witnesses to the accident.
- Document the scene by taking photos of the vehicles involved, any visible damages, the accident scene, and any visible injuries you may have sustained.
- Obtain the police report, which will include important details about the accident, including the identities of the parties involved and, in some cases, who was at fault.
- Contact your insurance company to report the accident. While Buffalo is a no-fault state, it’s important that your insurance provider is informed so they can help process your claim.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
3. Understand Your No-Fault Coverage
As a passenger in a car accident, your primary source of compensation will be your own no-fault insurance, provided you have it through your own car insurance policy or the policy of the vehicle you were riding in. Under New York’s no-fault law, this insurance will cover your medical bills, lost wages, and other basic expenses resulting from the accident, regardless of who was at fault. However, this coverage has limits, and you may find that it doesn’t fully cover your costs, especially if your injuries are severe.
Filing a Claim with the At-Fault Party’s Insurance
If your injuries exceed the limits of your no-fault insurance, or if your injuries are serious enough to meet the threshold for a lawsuit, you may be able to file a claim against the at-fault party’s insurance policy. New York law allows injured parties to step outside the no-fault system under certain circumstances, such as when they have suffered significant injuries or if they are dealing with permanent damage.
To file a claim against the at-fault driver’s insurance, you will need to prove that their negligence or actions caused the accident. The process of proving fault can be complicated, as the insurance companies will often try to minimize their liability. This is why having an experienced attorney from Andrews, Bernstein & Maranto, PLLC by your side can be incredibly beneficial. Our legal team can help you investigate the cause of the accident, collect evidence, and deal with insurance companies so that you can focus on your recovery.
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Common Issues That Injured Passengers Face
While the process of filing a claim may seem straightforward, there are several common challenges that injured passengers often face when trying to recover compensation for their injuries. These issues include:
1. Denial of Liability
Insurance companies may attempt to deny liability, especially if there are multiple vehicles involved in the accident. For example, they may argue that the passenger was partially responsible for the accident, or that the injuries were pre-existing and not related to the accident. Having an experienced lawyer from Andrews, Bernstein & Maranto, PLLC can help challenge these denials and ensure that your rights are protected.
2. Delayed Payments
Even when liability is clear, insurance companies may delay payments or fail to cover all medical expenses and lost wages. In some cases, they may offer an inadequate settlement that doesn’t fully compensate you for your injuries. A lawyer can help you negotiate a fair settlement and, if necessary, take the case to court.
3. The Statute of Limitations
In New York, the statute of limitations for filing a personal injury claim is typically three years from the date of the accident. However, this time frame can vary depending on the circumstances of the case. Failing to file a claim within the statute of limitations can result in losing your right to seek compensation. An attorney can ensure that your claim is filed on time and that all legal requirements are met.
Verdicts & Settlements
4. Disputes Over Medical Bills and Lost Wages
If your medical bills exceed your no-fault insurance coverage or if your injuries prevent you from returning to work, you may face disputes with the insurance companies over how much compensation you are entitled to. In these situations, your attorney will work to ensure that you are properly compensated for both your medical expenses and any lost wages due to your injuries.
How Andrews, Bernstein & Maranto, PLLC Can Help
At Andrews, Bernstein & Maranto, PLLC, we understand the difficulties that injured passengers face in the aftermath of a car accident. Our experienced attorneys are here to help you navigate the complex legal landscape, from dealing with insurance companies to filing lawsuits against at-fault drivers. We will guide you through the entire process, ensuring that your rights are protected and that you receive the compensation you deserve.
We offer free consultations to discuss your case, and there are no fees unless we win. Contact us today to learn more about how we can assist you with your personal injury claim.
Filing a car accident claim as an injured passenger in Buffalo can be a complicated process, but with the right knowledge and legal support, you can navigate it successfully. The attorneys at Andrews, Bernstein & Maranto, PLLC are here to help ensure that your claim is handled properly, so you can focus on healing. Whether you are dealing with your own insurance or pursuing a claim against the at-fault driver, we are here to fight for your rights.