If you’ve been injured in an accident with a commercial truck in New York, navigating the claims process can be complex and overwhelming. The truck accident lawyers at Friedland Law are here to help you understand your rights and guide you through every step of the claims process to ensure you recover the compensation you deserve. Below, we outline how the claims process works in New York and how Friedland Law can support you along the way.
What is a Truck Accident Claim?
A truck accident claim is a legal process where the injured party seeks compensation for their losses and damages resulting from a collision with a commercial truck. Commercial trucks are subject to different regulations than passenger vehicles, which makes these claims particularly complex. Factors such as the truck driver’s employer, the trucking company’s insurance policy, and state and federal regulations may all come into play. The experienced truck accident attorneys at Friedland Law can help you navigate these complexities and maximize your compensation.
Semi-Truck Accidents in New York: Understanding the Claims Process and How to Step Outside the No-Fault System
Accidents involving semi-trucks can result in serious injuries due to the massive size and weight of these vehicles. In New York, the no-fault insurance system typically governs how claims are processed after a car accident, including those involving semi-trucks. However, there are specific circumstances under which you can step outside the no-fault system—such as when you suffer a serious injury or your damages exceed your insurance coverage limits.
Below, we will walk through how the claims process works in New York following a semi-truck accident and what options are available if you need to go beyond the limits of Personal Injury Protection (PIP) insurance.
The Claims Process in New York for Semi-Truck Accidents
New York operates under a no-fault insurance system, meaning that after a car accident, each party’s own insurance company typically covers their medical expenses and lost wages, regardless of who was at fault. However, when a semi-truck is involved, the severity of the accident often leads to substantial injuries and damages, which may require you to go beyond the no-fault system to get the compensation you need. Here’s a breakdown of the typical steps in the claims process and how it works for semi-truck accidents:
1. Report the Accident and Seek Medical Attention
Immediately following a semi-truck accident, you should:
Report the accident to the police, especially if there are injuries or significant property damage. A police report is crucial for documenting the incident.
Seek medical attention right away, even if you don’t think you’ve been seriously injured. Some injuries, like internal trauma or whiplash, may not be immediately apparent but can become serious over time. Your medical records will be important evidence if you need to file a claim later.
2. File a Claim with Your Insurance Company (PIP)
Under New York’s no-fault laws, you must file a claim with your own insurance company to access your Personal Injury Protection (PIP) benefits. This coverage is meant to pay for:
Medical expenses related to the accident
Lost wages if you cannot work due to your injuries (up to 80% of your salary, with limits)
Essential services you may need, like help with household tasks if you’re temporarily disabled.
For semi-truck accidents, your PIP coverage can help cover initial medical treatment and some lost income, but it may not fully compensate for more severe injuries or other damages. This is where the option to step outside the no-fault system comes into play.
3. Insurance Investigation and Evidence Gathering
Once your claim is filed with your insurance company, an adjuster will typically investigate the circumstances of the crash, review medical records, and assess the extent of your damages. This investigation will also consider the role of the semi-truck driver and any contributing factors, such as the truck driver’s actions, the company’s negligence, or faulty truck maintenance. During this phase, it’s important to gather:
Police reports and witness statements
Photographs of the accident scene and any damage to your vehicle or the truck
Medical records detailing your injuries
Truck maintenance records and the driver’s logbook, which may show signs of negligence or violation of trucking regulations.
If your injuries are severe or your PIP benefits are exhausted, you may need to step outside the no-fault system.
When Can You Step Outside the No-Fault System in Semi-Truck Accidents?
Although New York’s no-fault system is designed to provide quick compensation, it has limitations, especially in accidents involving semi-trucks, which often result in serious injuries. If your injuries are severe or your damages exceed the limits of your PIP coverage, you may be able to file a personal injury lawsuit against the at-fault truck driver or their employer. To pursue a claim outside the no-fault system, you must meet specific criteria.
Serious Injury Threshold
New York’s no-fault insurance system generally prevents you from filing a lawsuit unless you have sustained a serious injury. Under New York Insurance Law Section 5102(d), serious injuries include:
Death
Dismemberment
Significant disfigurement
Fractures
Loss of a fetus
Permanent loss of use of a body part, organ, or function
Significant limitation of use of a body function or system
A medically determined injury that prevents you from performing your usual daily activities for 90 days within the 180 days following the accident
In semi-truck accidents, the nature of the crash often results in injuries that meet the serious injury criteria. If you have suffered injuries such as:
Broken bones (e.g., fractures in the arms, legs, or ribs)
Spinal cord injuries or paralysis
Traumatic brain injuries (TBI)
Internal injuries or damage to organs
Severe burns or permanent scarring
You may be eligible to pursue a personal injury claim for pain and suffering and other non-economic damages, beyond what PIP covers.
Exceeding PIP Coverage Limits
Even if your injuries don’t meet the serious injury threshold, you may still be able to step outside the no-fault system if your PIP benefits are insufficient to cover your damages. For example, if your medical bills exceed the $50,000 PIP limit, or if you are unable to return to work for an extended period and your lost wages surpass the PIP limits, you may be able to pursue additional compensation.
In semi-truck accidents, medical bills and lost wages can easily exceed the limits of your PIP coverage, especially if you require long-term care or cannot return to work for an extended period. In these cases, you can file a claim against the at-fault party’s insurance (typically the semi-truck driver or their employer) to recover additional costs.
Pursuing Compensation for Pain and Suffering
PIP insurance covers medical expenses and lost wages, but it does not compensate for pain and suffering or emotional distress caused by the accident. If you meet the serious injury threshold, you can file a personal injury lawsuit to seek compensation for the physical pain, emotional anguish, and loss of quality of life caused by your injuries.
Physical pain. Ongoing pain from injuries like broken bones, nerve damage, or spinal injuries.
Emotional suffering. Anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident and its aftermath.
Loss of enjoyment of life. Permanent injuries that prevent you from engaging in activities you enjoyed before the accident.
In semi-truck accidents, the severity of the injury often leads to substantial pain and suffering, making it critical to pursue fair compensation for these non-economic damages.
How Friedland Law Can Help
At Friedland Law, our experienced truck accident attorneys have extensive experience handling semi-truck accident cases and understand the complexities of New York’s no-fault system. If you’ve sustained serious injuries or your PIP coverage is insufficient, we can help you:
Determine if your injury qualifies as serious, allowing you to pursue a personal injury lawsuit.
Maximize your PIP benefits before seeking additional compensation from the at-fault party.
Gather evidence such as medical records, police reports, and witness statements to strengthen your case.
Negotiate with insurance companies and trucking companies to ensure that all damages, including medical bills, lost wages, and pain and suffering, are fully compensated.
File a personal injury lawsuit if necessary, to recover damages beyond PIP coverage.
We understand that dealing with the aftermath of a semi-truck accident can be overwhelming, and our goal is to ensure you get the maximum compensation you deserve to cover your medical costs, lost wages, pain and suffering, and more.
Your Recovery Starts Here – Book a 100% Free Consultation!
If you’ve been injured in an accident with a commercial truck in New York, the truck accident lawyers at Friedland Law are here to help you recover compensation for your medical bills, lost wages, pain and suffering, and other damages. Friedland Law offers free consultations to discuss your case and provide expert legal guidance. Contact us today to get started on your path to recovery.
