Understanding New York's No-Fault State Insurance Law https://campbellpersonalinjury.com/category/car-insurance/ Sun, 08 Feb 2026 12:53:50 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://campbellpersonalinjury.com/wp-content/uploads/2026/01/Campbell-Associates-Logo-Square-150x150.png Understanding New York's No-Fault State Insurance Law https://campbellpersonalinjury.com/category/car-insurance/ 32 32 Why Insurance Companies Undervalue Claims – And How to Fight Back https://campbellpersonalinjury.com/why-insurance-companies-undervalue-claims-and-how-to-fight-back/ Mon, 10 Mar 2025 12:07:41 +0000 https://new.campbellpersonalinjury.com/why-insurance-companies-undervalue-claims-and-how-to-fight-back/ When you file an insurance claim after an accident or injury, you expect the insurance company to fairly compensate you […]

The post Why Insurance Companies Undervalue Claims – And How to Fight Back appeared first on Campbell & Associates.

]]>
When you file an insurance claim after an accident or injury, you expect the insurance company to fairly compensate you for your medical expenses, lost wages, and other damages. Unfortunately, that is not always the case. Insurance companies are businesses, and their goal is to minimize payouts as much as possible.

At Campbell & Associates, we have seen firsthand how insurance companies undervalue claims and pressure injured individuals into accepting settlements that do not fully cover their losses. If you are facing an insurance claim dispute, having a knowledgeable legal team on your side can make all the difference.

Why Insurance Companies Offer Low Settlements

Insurance companies follow a strategic process to reduce the amount they pay on claims. Here are some common tactics they use:

  1. Protecting Their Profits

At the end of the day, insurance companies are focused on their bottom line. Adjusters are trained to settle claims for the lowest possible amount, even if it means denying legitimate expenses. Their priority is not your recovery—it’s protecting company profits.

  1. Assuming You Won’t Fight Back

Many accident victims accept the first offer an insurance company provides, not realizing that it is often far less than what they deserve. Insurers count on people being unfamiliar with the claims process and feeling pressured to settle quickly.

  1. Using Your Statements Against You

Insurance adjusters may seem friendly, but they are trained to look for statements they can use to justify a lower settlement. A casual remark like “I feel fine” can later be used to argue that your injuries are not severe, even if you experience pain days or weeks later.

  1. Delaying the Process

Some insurance companies intentionally slow down claims, hoping that financial pressure will force claimants to accept a low offer. They may take weeks or months to respond, request unnecessary documentation, or use other tactics to create frustration.

How to Maximize Your Insurance Claim

Understanding how insurance companies operate can help you take the necessary steps to fight for the compensation you deserve.

  1. Do Not Accept the First Offer

The first settlement offer is rarely the best. It is important to carefully review any offer before accepting it, as it may not cover your future medical expenses, lost wages, or pain and suffering.

  1. Document Everything

Keeping thorough records is essential. Collect medical records, accident reports, receipts for out-of-pocket expenses, and any communication with the insurance company. The more evidence you have, the stronger your case will be.

  1. Work with a Knowledgeable Attorney

Insurance adjusters negotiate settlements every day. Without legal representation, you may not realize when an offer is unfair. At Campbell & Associates, we understand how to navigate insurance claims and push for full and fair compensation. Our team:

  • Conducts independent investigations to assess the true value of your claim.
  • Negotiates aggressively with insurance companies to maximize your settlement.
  • Prepares every case as if it will go to trial, ensuring that insurers take your claim seriously.

How Campbell & Associates Can Help

At Campbell & Associates, we assist clients in handling complex insurance claims with a focus on securing fair settlements. Our attorneys are prepared to guide you through every step of the process, ensuring you are not taken advantage of by insurance companies.

Our Approach to Insurance Claims

  1. Case Evaluation: We review your claim in detail, assessing the full extent of your damages, including medical costs, lost income, and pain and suffering.
  2. Negotiation with Insurance Companies: We handle all communication with the insurance adjuster to protect your rights and maximize your settlement.
  3. Trial-Ready Representation: If an insurance company refuses to offer fair compensation, we are prepared to take your case to court.

Our firm operates on a no recovery, no-fee basis, meaning you do not pay legal fees unless we successfully recover compensation for you.

Don’t Let the Insurance Company Decide What Your Claim Is Worth

If you have been injured in an accident and are struggling to get a fair settlement from the insurance company, Campbell & Associates is here to help. We understand the challenges of dealing with insurance adjusters, and we are committed to securing the compensation you rightfully deserve.

Call us today at 716-992-2222 or visit campbellpersonalinjury.com to schedule a free consultation.

The post Why Insurance Companies Undervalue Claims – And How to Fight Back appeared first on Campbell & Associates.

]]>
Is New York a No-Fault State https://campbellpersonalinjury.com/is-new-york-a-no-fault-state/ Thu, 06 Jun 2024 08:00:52 +0000 https://new.campbellpersonalinjury.com/is-new-york-a-no-fault-state/ When you purchase car insurance in New York, one of the policies you are required to purchase is personal injury […]

The post Is New York a No-Fault State appeared first on Campbell & Associates.

]]>
When you purchase car insurance in New York, one of the policies you are required to purchase is personal injury protection (PIP). This is no-fault insurance that is designed to promptly pay compensation for injuries sustained in a car accident, regardless of who is at fault.

Thus, yes, New York is a no-fault state. But that still leaves a lot of unanswered questions. Does that mean fault never matters? Is there anything this insurance doesn’t cover?

What PIP Covers

Since you are required to purchase PIP to legally drive in the state, you should know what the policy covers. First, the policy covers you and all family members who live in your household.

Additionally, this policy covers all passengers while you are driving in New York and all New York residents who are passengers when you are driving elsewhere.

If anyone covered by this policy is injured, they can receive compensation for:

  • Necessary medical treatment and rehabilitation
  • A portion of lost earnings due to the injury
  • Minor household and transportation expenses resulting from the accident

Fault is not considered in the policy. Basic PIP covers up to $50,000 per person injured. However, if you are drunk or committing a felony when you get into an accident, the policy won’t cover you.

Serious Injury Threshold and Lawsuits

While it may seem like fault is meaningless in New York car accidents, that isn’t entirely true. There are circumstances where you can sue the at-fault driver to get additional compensation beyond what PIP covers.

If your injuries are serious enough, New York permits you to file a lawsuit against the at-fault driver. To qualify, you must have suffered an injury that meets the “serious injury threshold.” This means that you must have suffered one of the following:

  • Loss of a limb
  • Significant scarring or disfigurement
  • Any type of fracture
  • The loss of an organ
  • Loss of bodily function
  • Any type of permanent disability
  • A significant limitation
  • A non-permanent disability that lasts for at least 90 days

Additionally, you can file a lawsuit if you lose a pregnancy. If none of your injuries meet these criteria, you can still file a lawsuit if you can prove that your actual losses are greater than $50,000. The compensation from any lawsuit will always be for damages incurred beyond the limits of your PIP.

No-Fault Doesn’t Mean Fault Is Irrelevant

The purpose of the no-fault laws in New York is to help victims of an auto accident recover to full health and productivity as quickly as possible. This is why the state requires drivers to maintain PIP that ignores fault.

However, that doesn’t mean that fault is entirely irrelevant. The state will still determine fault if criminal sanctions are appropriate. Additionally, insurance companies raise the insurance rates of drivers who are at fault.

Finally, as previously noted, if you are seriously injured, you should consult with an experienced car accident attorney to determine whether you are eligible to file a lawsuit against the at-fault party.

The post Is New York a No-Fault State appeared first on Campbell & Associates.

]]>