Cars are the most convenient mode of transportation across the United States. Accidents happen everyday, however, figuring out how to deal with the consequences can be difficult and time consuming. When car accident occur, not only do you have to figure out your injuries, but also those of anyone else who was involved in the accident. Figuring out who is at fault may not be an easy question to answer in the beginning, but that is only the beginning. Even when one party admits to being at fault, compensation for the other person’s injuries may not be easily received.
Take for example the case of Soriano v. Martin. Jesus Soriano (Soriano) was a driving instructor and he got into an accident with William Martin (Martin) while Soriano was working. In the first case, Martin admitted it was his fault and Soriano testified at trial that he did not receive any compensation from any source, including workers’ compensation, for his lost earnings. The jury awarded twenty thousand in damages for pain and suffering and a separate five thousand for lost wages Soriano incur while unable to work due to injuries suffered from the car accident.
The issue in the second case is whether the jury award of five thousand dollars for lost wages is valid. Under New York Insurance law, there is a No Fault Law which denies recovery for basic economic injuries under fifty thousand dollars from defendants. When you have an accident under a no-fault system, your insurer automatically pays for your damages, regardless of fault. In exchange for this guaranteed payment, you must give up some of your rights to sue the other driver involved in the accident. Basic economic injuries includes medical bills and lost wages due to the accident. The purpose of this law is to protect the defendants. In No Fault states, like New York, the first fifty thousand in economic injuries is covered by the insurance companies.
This case is slightly tricky because Soriano was injured while at work. If the injury had not occurred on the job, his sole avenue for recovering for his lost earnings would have been through no-fault and he would not have been able to recover five thousand dollars in a tort action against Williams. The court found that the fact that plaintiff’s injury occurred on the job, thereby making him eligible for workers’ compensation benefits, does not take him outside the No-Fault Law and entitle him to recover for basic economic loss in this action. To hold otherwise would allow plaintiff a benefit not contemplated by the statutory scheme.
Having an experienced can save you time and money. In Soliano’s case, he should be able to to get his economic injuries covered, however, it will take him at least a month to get it sorted out with his insurance company. While it is better than not being covered, he could have been paid much sooner. An experienced accident attorney can help you figure out your options and being your best case forward. If you have been injured in an accident, please contact one of our experienced attorneys.
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