Insurance Company Questions
Who pays if I am injured or my car is damaged?
The responsible party’s insurance company. If you caused an accident, your liability insurance will pay the other driver for damage to his vehicle and personal injuries up to your policy's limits. If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries. If you loan your car to someone who has an accident, your insurance pays for the damages - just as it would if you had been driving.
What do I do if the other driver does not have insurance?
If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries if you have "uninsured motorist" or “medical payments" coverage. If the other driver's insunrance is not enough to pay for all of your damages, your own insurance may pay the difference if you have "under insured motorist" coverage. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.
If I am injured, who will pay for my medical bills?
In New York State, we have no-fault insurance, which means when a driver or passenger is injured, the vehicle owner's insurance company pays for their medical bills and lost wages. For more information visit our No-Fault Information Page.
What if I’m sued?
Contact your insurance agent as soon as possible. Usually, your insurance company will assign an attorney to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney, too.
What if I want to sue?
If the other driver was responsible for the accident and you were injured, you may be entitled to compensation for your injuries, pain and suffering, car damage and other expenses, such as lost wages or household help after the accident. Our attorney will make a claim with the other driver's insurance company immediately. If the insurance company’s offer is unreasonable to settlement your claim, you may want to file a lawsuit. Please be aware there are time limits for filing various types of claims. These are called statutes of limitation.
How much will it cost me?
Figeroux & Associates takes auto accident cases on a contingent fee basis. That means you do not pay us any fee if you lose the case. If you win, you pay us a percentage of the money you receive. If you and your lawyer agree to a contingent fee, the lawyer must put the agreement in writing and give you a signed copy. The contract should explain what percentage the lawyer will get if you win and how it might vary. It should also state who will pay for any up front costs, such as court costs. In most cases, Figeroux & Associates will advance case costs, but according to New York State Law the client is ultimately responsible for litigation expenses.