QuestionI was out for lunch on a work day when I was hit by a vehicle while crossing the pedestrian lane. I had the right of way but the vehicle which was making a left turn at that time did not stop until after a few seconds it came in contact with me. An ambulance came and brought me to a hospital.
My questions are:
1. Is this a workers comp case or a no-fault case?
2. Which is the primary insurance that is liable for paying my medical bills?
3. Can a claim for bodily injury be made against the insurance company of the vehicle that caused thr accident?
4. What is the best scenario to maximize claim in this instance?
Answer Hello Ms. Confused,
Unless you were actually working at the time of the loss, I am of the opinion that this is personal injury claim, not a worker's comp. Even if you were at work, some states allow you to "choose" between workers comp and personal injury or no fault.
In New York you have no fault. This means that up to the limits of your policy, your insurance pays for your medical bills and/or lost wages. This is the case regardless of fault.
In your case, since the driver was apparently at fault, you would file a claim with the at fault carrier under bodily injury liability coverage. In NY, there is a minimum mandatory coverage of
$25K. Liability covers your pain and suffering for your injury.
Insurance companies are in business to make money. Unfortunately they will do whatever they can do reduce the value of your claim. The most effective way for you to receive a maximum settlement is to hire a qualified personal injury attorney. The attorney will, of course, take a percentage, usually starting at about 30%. People who attempt to negotiate on their own usually get taken advantage of.
Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
