If you have been involved in a bus accident, you have probably experienced physical pain, multiple medical bills and plenty of time missed off of work. If you have reported the collision to your insurance company, they may have made you a settlement offer. Before you accept that offer, it is a good idea to consult with a personal injury attorney to determine if the offer was fair. There are certain elements that will determine if the insurance company has attempted to lowball you or if they are offering you the money you deserve.
Determining Liability
Auto insurance companies in America must adhere to one of two basic rules depending on the state in which the company is doing business. Fault states, require the insurance company of the person who caused the crash to pay any related bills. In a no-fault state, a person’s own insurance company must pay their bills no matter who is responsible for an accident. New York is a no-fault state for auto insurance. There are some exceptions to the no-fault rule.
You may be able to recover money from an at-fault driver’s insurance company if the no-fault threshold has been met. The no-fault threshold is a set of standards that gages the seriousness of an accident. There are certain injuries that are automatically considered serious enough for an injured person to sue an at-fault driver’s insurance company. If a woman has lost a fetus due to an accident, it is automatically considered a serious injury. Both bone fractures and permanent disfigurement meet the no-fault threshold. If you have lost a loved one in a collision, you may be able to sue an at-fault driver or bus company for wrongful death.
When a bus driver causes an accident, not only the driver, but the bus company itself may be at fault. If the company hired a driver who was not fully qualified or did not have the proper training or licensing to drive a bus, it may be considered responsible. It is important to talk to a professional personal injury attorney.
What an Insurance company will Ask
When you call your insurance company to report the incident, there are a few questions you can expect them to ask you in order to determine a settlement amount. In addition to asking who was involved in the accident and where and when the crash took place, they will also ask you what you believe was at fault. They will ask what direction you were headed in, what the weather was like and if a police report was filed. They will ask you to provide copies of all your medical expenses and a letter from your employers detailing the number of hours you have missed from work. The insurance company should then make you an offer.
Why You Need a Lawyer
You always want to consult with a professional personal injury attorney before accepting an offer. They will be able to tell you if the insurance company’s offer is fair. Insurance companies employ legal teams whose job it is to keep the company’s money in house. There may be some medical bills that the company will attempt to reject they may also not be willing to pay money for pain and suffering. An attorney will have years of experience negotiating with insurance companies and they will be able to get you a reasonable settlement. For more information, click here.
Authoritative Sources:
https://www1.nyc.gov/nycbusiness/description/cdl-s-school-bus-endorsement
