News reports say that a driver carrying 3 passengers in Sennett crashed after swerving to avoid a deer. A 27-year-old Auburn female passenger was killed and four others were injured in the collision. The car struck a culvert, rolled over several times, and ejected three of the passengers. It seems that all of the passengers suffered fairly serious injuries.
These were young people — late teens and early twenties. As the father of several kids that age, I can say that the parents are living my worst nightmare.
Finding enough insurance to fully cover all the injuries will be a challenge. To have the best shot at getting sufficient coverage, the passengers or their families should promptly retain a New York car accident lawyer to fully represent their interests, which includes investigating all potential insurance coverage.
Here’s a short-form summary of what these unfortunate car accident victims are entitled to: All the injured, including the driver, will be entitled to no-fault benefits (up to $50,000 in combined lost wages and medical bills). The no-fault applications should be filed with the insurance carrier of the car within 30 days of the accident.
In addition, the passengers will be entitled to bring a claim against the driver and owner of the vehicle for bodily injury compensation beyond no-fault, including any additional lost wages, medical expenses, and pain and suffering.
But there probably won’t be enough insurance coverage to fully compensate the victims. That’s why the passengers, through their New York car accident lawyer, should investigate whether there is any “hidden” insurance (called “supplemental underinsured motorist coverage) in their own motor vehicle insurance policies, or in those of relatives who reside with them.
The family of the deceased passenger can bring a claim for no-fault “death benefits”, and may also want to consider a wrongful death action to recover for the conscious pain and suffering of their loved one before she died, and for any economic loss to those the decedent may have been supporting.
Car accidents like this one are sad, life-altering events. Nothing can undo the harm, but promptly seeking out the right insurance coverage can avoid making a very bad situation even worse.
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Michael G. Bersani, Esq.
Central NY Car Accident Lawyer
Michaels Bersani Kalabanka