How to File a Truck Accident Claim in New York

How to File a Truck Accident Claim in New York
Calendar icon October 2, 2023

Victims of New York truck accidents can experience significant damages, such as medical bills, lost earning potential, and loss of enjoyment of life. Recovering compensation to pay for these expensive damages requires a victim to file a New York truck accident claim.

They can file a no-fault truck accident claim insurance company to recover a percentage of their medical bills and lost wages. However, a more severe truck accident may require them to file a truck accident claim with the at-fault party’s insurance company.

The process for filing a New York truck accident claim includes assessing the cost of their damages, determining the at-fault party, hiring a truck accident lawyer, and filing the necessary paperwork. An experienced truck accident lawyer can use their knowledge of New York laws and truck accident claims to help you recover compensatory damages.

How to File a Truck Accident Claim in New York

The Dangers of a New York Truck Accident

A truck accident is one of the most dangerous types of motor vehicle accidents New York drivers can experience. Large semi-trucks can outweigh other vehicles on the road by a significant margin, meaning they can cause overwhelming damage when they crash into a smaller vehicle.

Victims of New York truck accidents can have their motor vehicle destroyed, exposing them to blunt-force trauma from a large truck. This can result in them suffering serious injuries that cause long-term pain and suffering. These injuries can include traumatic brain injuries (TBIs), broken bones, and back and neck injuries.

New York drivers should stay wary of 18-wheelers, dump trucks, tow trucks, delivery trucks, and other large vehicles. Drivers who operate these large vehicles improperly can expose New York drivers to significant injury risk, possibly leading to life-altering health complications.

Common Causes of New York Truck Accidents

According to the Institute for Traffic Safety Management and Research (ITSMR), New York had 16,467 large truck accidents in 2021. These accidents can result from factors outside the truck driver’s control, such as poor road construction, weather conditions, and defective truck parts.

New York truck accidents can also occur because of the negligence of a truckloader. Most large trucks carry cargo, and a cargo loader must load it properly to avoid causing a truck accident. Improperly loaded cargo can lead to a truck losing balance, tipping over, and causing a rollover truck accident.

However, most New York truck accidents occur because of the reckless driving behavior of a truck driver. This type of behavior occurs when a negligent truck driver breaks a New York road law and leads to them striking another motor vehicle.

The following are the negligent driving behaviors that can cause a truck accident in New York:

Filing a No-Fault Claim With Your Own Insurance Provider

If you suffered a minor New York truck accident, you could file a claim with your own insurance provider to recover some compensation for damages. New York is a no-fault state, which means drivers must purchase Personal Injury Protection (PIP) insurance.

This type of insurance can cover a percentage of a New York driver’s medical bills and lost wages regardless of who caused the accident. PIP insurance can cover 80% of medical bills and lost wages up to $10,000.

Following a New York truck accident, you should file a written notice with your no-fault insurance provider. You should provide your insurance company with important information within 30 days of the truck accident, so they can determine how much compensation to provide for your damages.

The following is some information you should include on a no-fault written notice:

  • Where and when the truck accident happened
  • Who was involved in the truck accident
  • How the truck accident occurred
  • What serious injuries you sustained
  • What medical treatment you require

The Steps for Filing a New York Truck Accident Claim Caused by Another Party

New York truck accident victims who experience over $1,000 worth of damages can file a truck accident claim with the at-fault party’s insurance company. Negligent parties can be held liable for causing a truck accident through reckless behavior.

Truck accident victims in New York can recover compensation for economic and non-economic damages from a truck accident claim. These damages can include property damage, lost earning potential, and loss of enjoyment of life.

There are several steps to take to file a New York truck accident claim that involve damage calculation, liability assessment, filing paperwork, etc.:

  • Determine the total value of your truck accident damages
  • Assess what parties caused the New York truck accident
  • Hire an experienced New York truck accident lawyer
  • File the necessary paperwork
  • Send the at-fault party’s insurer a demand letter
  • Gather evidence to prove the at-fault party’s liability
  • Negotiate a fair insurance settlement

Why Should You Hire a New York Truck Accident Lawyer?

Hiring a truck accident lawyer is an essential step for New York truck accident victims. While victims can handle the claim independently, they could make a mistake that could affect their ability to recover fair compensatory damages from the at-fault party’s insurance company.

Insurance providers do what they can to limit the amount of compensation they have to pay to truck accident victims to keep their profits up. An experienced New York truck accident lawyer can see through these attempts to deny, delay, or devalue your claim.

They can help you file a New York truck accident claim and negotiate with the at-fault party’s insurance company. Their experience and expertise can give you the best chance of recovering fair compensation for damages.

Contact Cellino Law for Help With Your New York Truck Accident Claim

At Cellino Law, our truck accident lawyers can use their local New York truck law knowledge to help with your claim. They understand how to file a claim, what steps to take after filing, and how to negotiate a fair settlement with the at-fault party’s insurance provider.

Our New York truck accident attorneys offer free consultations to show how they can use their experience, expertise, and resources to help a truck accident victim recover fair compensatory damages. Contact Cellino Law today for a free New York truck accident case evaluation by calling us at (800) 555-5555 or leaving a message on our online contact page.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

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