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After an accident in New York, when your injuries have impacted your daily routine for more than 90 days, you may have an opportunity to go beyond the no-fault system and pursue additional compensation. However, proving that your injuries come under the 90/180-day rule involves meeting strict legal requirements, and even the smallest misstep can have a serious impact on the success of your claim. As your accident lawyer in New York, we will show you how to protect your rights to full and fair compensation and the most common mistakes that can hurt your claim.
What is the 90/180-day rule?
In New York, when you are injured in a car accident, you can receive compensation for medical expenses and lost income via your Personal Injury Protection (PIP) coverage. Since New York is a no-fault state, this compensation can be claimed irrespective of a person’s fault in the accident. However, the no-fault system caps at $50,000 and only compensates economic losses.
As such, if you want to go beyond the no-fault system and claim compensation for non-economic damages, you must look to prove that your basic economic loss exceeded $50,000 or that you have suffered a “serious injury” as defined in Section 5102 (d) of New York Insurance Law.
In New York Insurance Law, there are nine categories of serious injuries. Out of them, eight are specific injuries and limitations. If you cannot meet any of the previous eight categories, you can still recover compensation if you can prove that your injuries come under the 90/180-day category. To qualify under this category, you need to show that the injuries you suffered significantly impaired or prevented you from performing your usual and customary daily activities for at least 90 days during the first 180 days after the accident.
Why are 90/180-day claims often challenged?
In New York, the 90/180-day rule is one of the most commonly used methods car accident victims use to try and claim compensation beyond the no-fault benefits. As a result, it is also one of the most frequently challenged by insurance companies. Based on our experience as a car accident lawyer in NYC, here are some of the reasons why 90/180-day claims are often disputed:
- The standard is subjective – You must show that the injuries prevented you from “substantially all” of your usual activity. But what counts as “substantially all” is subjective and open to interpretation.
- Vague, incomplete, and inconsistent medical records – 90/180-day claims rely heavily on medical evidence. That being the case, when your medical records are vague, incomplete, and inconsistent, your claim is exposed to challenge.
- Returning to normal activities too soon – When you return to your daily routine sooner than expected, it can undermine your claim and give the ammunition needed to justify a lower settlement.
- Insurance company tactics – Insurance companies will do their level best to reduce your payout. They will try all sorts of tactics to find weaknesses in your case and reduce your compensation, such as questioning the severity of your injuries or suggesting that you were not following medical advice.
What are the common mistakes that can hurt your 90/180-day claim?
As we mentioned above, even the smallest misstep can have a significant impact on your 90/180-day claim. Here are some of the most common mistakes that you should avoid to protect your rights and secure the compensation you deserve.
- Delaying medical treatment – Receiving immediate medical treatment is a must to protect your health and rights. When there are gaps in the treatment, it can suggest that your injuries are not as serious as you claim to be.
- Failing to follow up with treatment – Missing doctor’s appointments and physical therapy, as well as not taking the proper medication, will give the impression that your injuries are not serious and allow insurance companies to offer lower settlements.
- Premature overactivity – Engaging in daily activities in the period you claimed to be injured can destroy your credibility and weaken your negotiating position.
- Social media misuse – Posting about the accident or of your being active on social media can also negatively impact your claim.
- Not keeping your documents organised – Your claim heavily depends on medical records and other documents. When they are disorganised, it becomes difficult to present a convincing case.
Conclusion
A 90/180-day injury claim is one of the more unique ways to step outside the no-fault system and claim additional compensation. However, presenting a compelling case under this category is a challenge, and even the slightest misstep can have serious consequences. The keys to protecting your rights are consistency, receiving proper medical care, having strong documentation, and getting help from a personal injury law firm in NYC. Contact us at Gabriel Law, schedule your free consultation, and receive the legal guidance that will help you get the compensation you deserve.
