How New York’s No-Fault Insurance Rules Apply to a Truck Accident Case

Lever & Ecker, PLLC June 25, 2019 Car Accidents

What happens, though, if you were injured in a truck accident and didn’t have any auto insurance of your own at the time of the accident? 

Who is supposed to pay for your injuries? Will a lawyer want to take your case, since you didn’t have insurance? Can you afford a truck accident lawyer without insurance? Do the no-fault rules still apply?

There are a lot of misconceptions about how much a truck accident lawyer costs in New York, who pays for the lawyer, and your rights as an uninsured truck accident victim.

In today’s article, we’re going to clear up some of those misconceptions and explain how truck accident lawyers charge for their services in general.

Before we get into any of those details, though, we want to stress one thing up front…

If you have been injured in a truck accident in New York, you have rights. In most cases, you can afford to hire a truck accident lawyer without insurance.

Contingency Fees: How NY Truck Accident Lawyers Get Paid

The first thing you should understand is that there are different types of lawyers, and some types use different methods of charging for their services than others.

For example, many divorce lawyers, corporate lawyers, and tax attorneys charge on an hourly basis (regardless of whether they end up succeeding), and they might also require upfront retainers.

But generally speaking, truck accident lawyers work on a contingency fee basis, which is an entirely different approach.

When you hire a truck accident lawyer on a contingency fee:

• You only have to pay the lawyer if he or she succeeds in getting you money for your claim.
• If the lawyer does succeed, the fee for their services will only be a percentage of your total recovery.
• If the lawyer does not succeed, you don’t have to pay anything at all. The risk of losing is entirely on the law firm.
• You never have to pay anything upfront or out of pocket.

At Lever & Ecker, PLLC, we will also front all of the expenses associated with investigating and/or litigating a truck accident claim. Moreover, we offer a free and confidential legal consultation to accident victims who are considering hiring us — and we are happy to provide that consultation without any pressure or obligation whatsoever.

The great thing about a contingency fee arrangement is that it means anyone can afford to hire a truck accident lawyer without insurance.

The No-Fault Rules Are Different in Commercial Truck Accident Cases

“But what about those no-fault insurance rules?” you might ask.

“Won’t I still be limited to recovering under my own insurance policy? …What if I didn’t have an insurance policy of my own?”

While New York’s no-fault insurance laws technically still apply in truck accident cases, those laws includes a major exception that can make all the difference for uninsured truck accident victims.

If you were injured in an accident involving a commercial vehicle (which includes almost all large trucks, semi-trucks, big rigs, tractor-trailers, transfer trailers, moving trucks, mixer trucks, etc.), an exception to the general no-fault insurance rule will allow you to pursue a claim against the other side for all of the damages you’ve suffered as a result of the accident… including all of your injuries, your pain and suffering, and your other personal injury damages.

This exception applies even if you did not have your own auto insurance at the time of the accident. It is also true whether you were injured as a driver, passenger, cyclist, biker, or pedestrian.

It is often the case in these situations that your truck accident lawyer will end up pursuing a claim against the trucking company that employed the truck driver (or the company that owned and operated the truck). In some cases, you may also have a claim against the truck’s manufacturer, governmental entities, or other third parties.

New York’s No-Fault Insurance Rules Are Extremely Complicated

So far, this article has provided an overview — in general terms — of how New York’s no-fault insurance rules apply to truck accident victims without insurance.

We want to emphasize, however, that these rules can be extremely complex, and the analysis might look different when the facts of your specific circumstances are considered.

For that reason, we urge you not to reach any conclusions about your rights or options under the law until you’ve discussed your situation in detail with an experienced attorney.

The Manhattan & White Plains truck injury attorneys at Lever & Ecker, PLLC are here to help.

Schedule a Free and Confidential Consultation with our  Manhattan & White Plains Truck Injury Attorneys

Still wondering, “Can I afford a truck accident lawyer without insurance?” Get in touch with our office and talk about your situation one-on-one with an experienced White Plain truck injury attorney.

At Lever & Ecker, PLLC, will not charge a fee for our services unless and until we get you money. Your initial consultation is free and confidential, with no obligations whatsoever.

Time limits apply to New York truck accident claims, so please don’t delay. To get started, call (914) 288-9191 in White Plains or simply contact us online.