If you have been involved in a car accident, you may have many questions for an injury attorney, even before the lawsuit is filed. At Duffy & Duffy we are here to answer your questions. The following include some of the most frequently asked by our clients:

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What injuries must I sustain to receive money for pain and suffering?

The insurance companies have instituted tough rules on who they want to pay for damages. Some of the criteria include disfigurement, dismemberment, and significant limitation of motion for an extended period of time or 90 days of disability out of the first 180. These tough laws have severely limited recovery for those injured in a car accident, causing attorneys to turn down more cases, while at the same time take more cases to trial, due to the insurance company’s refusal to settle. Our auto injury attorneys will explain the requirements for a “serious injury” under New York’s Insurance Law 5102 and evaluate your case free of charge to see if it passes “thresholds” we follow to institute an action on your behalf.

Who pays for the property damage to my car?

The answer to that question depends on whether you carry collision insurance for your vehicle. Generally speaking, you can make a claim for property damage with your own insurance company, which under the policy, will make a payment to fix your car, but will take out the amount of deductible applicable to your contract. If the liability of the other vehicle is clear, for example a hit and run at red light, you will save your deductible by proceeding against the insurance company for the other vehicle. An experienced car accident lawyer in our office will explain the entire process to you to help you make an informed decision on how to proceed.

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What does no-fault cover?

No-fault insurance, provided by your auto policy, typically provides for payment of medical, hospital, x-ray, diagnostic, transportation bills, and lost wages. It generally covers prescription medication that a client needs to take for injuries sustained in the occurrence, as well as reasonable household help. Typical coverage in New York is up to $25,000, though a policy holder may choose to buy additional coverage.

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