Accident Benefit Questions
What if I get into an accident, but I don’t have insurance?
If you have been injured in an automobile accident, you can collect accident benefits even if you don’t have insurance. You may be covered by the insurance of the other party involved in the accident, or the insurer of the vehicle you were riding in at the time of the accident. If no one has insurance, you may be able to collect under the Motor Vehicle Accident Claims Fund.
What kind of compensation can I receive?
You may qualify for income replacement benefits equal to 80 percent of your net income, up to a maximum of $400 a week. If you are not employed, that amount is up to $185 and if you are a caregiver you may receive up to $259, plus an additional $50 a week for the person you care for.
What can I claim?
You can claim for; pain and suffering, loss of income and ability to earn more, extra housekeeping and maintenance expenses, health care expenses, impact your accident has on family relationships.
When do I need to begin paperwork?
The first thing you should do is determine what insurance company should pay you, and provide notice to that accident benefits insurance company within seven days of the accident. If you wish to file a tort claim (sue the at-fault driver) you must do so with in two years of your accident. Tort claims are paid by that person’s insurance company. More than 95 percent of these claims are settled before they go to court.
How serious do my injuries have to be to sue the at-fault driver?
The law states that you must have sustained a “serious and permanent impairment of an important physical, mental or psychological function or have sustained a serious and permanent disfigurement.” Also, as of October 1, 2003, your injuries also must be greater than a $30,000 deductible.
THE PERSONAL INJURY LAWYERS