Buffalo personal injury lawsuits arising from automobile accidents are governed under New York State Law. Because New York State is a “no fault” automobile insurance state, this often means that different insurance companies will be handling different aspects of the injury and accident.
Under “no fault” law, an injured person’s own insurance company is required to pay at least the first $50,000 in medical bills and lost wages related to an automobile accident. This amount may be increased if the insured purchases additional coverage. The injured person’s collision coverage also may pay for damage to his or her automobile.
If the injuries are serious enough that a lawsuit may be filed, however, that lawsuit is in almost all cases defended by the insurer for the other automobile. This will in many cases be a different company than the injured person’s own insurer.
This situation can occasionally be frustrating or confusing to the injured person because the insurers have different interests and will act separately. They may, for example, reach different conclusions regarding whether a particular injury is related to the accident. This may result in one insurer willingly paying medical bills or damages while the other refuses to pay anything. While this may be difficult to accept, the opinion of one insurer is not binding upon the other.
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