When someone suffers injuries due to the negligence or intentional wrongful actions of someone else, they have the right to file a personal injury claim against the at-fault party’s insurance company to recover financial compensation. Depending on the nature of the accident, many types of insurance may be involved, however. This is because personal injury law encompasses many types of accidents, including slip and fall accidents on another’s property, car accidents, negligent security, and dog bites.
Regardless of the type of insurance involved, experienced personal injury lawyers can help you protect your rights and negotiate for the compensation you deserve.
Most personal injury cases involve traffic accidents, which are also the leading cause of accidental death in New York. Depending on the circumstances of the accident, there are several types of auto insurance coverage that can be used in a claim:
- Property damage liability, which pays for property damage to someone else’s property when the policyholder is responsible.
- Bodily injury liability, which pays for medical expenses when someone’s injuries are caused by the policyholder.
- Uninsured Motorist (UM) coverage, which pays for damages if the at-fault driver had no insurance or in a hit-and-run accident.
- Underinsured Motorist (UIM) coverage, which pays for damages if the at-fault driver had insufficient coverage to fully compensate the victim.
If your accident occurred on someone else’s property and the property owner was liable, their homeowner’s insurance may cover damages. Homeowners insurance offers liability coverage to homeowners. Here are a few examples of cases in which homeowners insurance may be involved:
- Someone who is attacked by a dog
- Someone getting hurt at a pool party
- Someone falling down a stairwell or getting hurt on a hazard
- A child getting hurt in someone else’s yard
Commercial Liability Insurance
If you were injured on commercial property, such as a retail store or parking lot, the business’s commercial liability insurance will likely be involved. These cases are called premises liability and they may include, for example:
- Assault due to negligent security
- Injuries from fire or smoke
- Injuries caused by falling merchandise
- Slip and fall injuries in a parking lot or store
- Injuries caused by defects in the property, such as crumbling stairs or a malfunctioning elevator
Sometimes victims can also claim compensation through the at-fault party’s umbrella insurance. Umbrella insurance offers additional liability protection over the policyholder’s existing homeowner’s and auto insurance, both of which usually have limits that are too low to fully compensate an accident victim with serious injuries.
If the at-fault party has umbrella insurance, it can be used in a number of types of claims, including dog bites, car accidents, swimming pool accidents, trampoline accidents, and more.
How a Personal Injury Attorney Helps
Your personal injury case can go much more smoothly and you will have a higher chance of recovering compensation if the at-fault party has insurance. Still, this does not mean your case will be without complications. Issues with insurance can complicate your case in many ways, including when there is more than one insurance company involved, when what the insurance policy covers is unclear, and when liability can be disputed.
Insurance companies of all types are also notorious for offering lowball settlements to accident victims. Insurers employ a team of attorneys and adjusters who work to minimize payouts as much as possible. When you hire a personal injury attorney, you will have representation during negotiations with a lawyer who will work in your best interests to secure you maximum compensation for your injuries. personal injury lawyers will also investigate your accident to determine liability and which insurance policies may be available to file you claim.