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Auto Accidents, New York, Personal Injury
Rental Truck Accidents in New York
Uploaded on: Jun 14, 2022
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Duration: 2.5 Min

Video Description

All across New York, people move into new apartments, condos, and homes using rental trucks. Rental trucks are a convenient option for moving but they are also capable of inflicting severe physical harm and considerable property damage. Pursuing justice is not entirely straightforward, but an experienced personal injury attorney can help you recover fair compensation for your accident expenses.

YOUR OPTIONS FOR COMPENSATION

Generally, your four options for compensation are:

New York’s no-fault law requires all auto insurance policies to include Personal Injury Protection benefits. This policy gets injured parties covered quickly, regardless of who was at fault. The downside is that personal injury protection only covers up to $50,000 worth of expenses, so you will likely need to pursue other options to recover additional compensation. 

Unlike no-fault, third-party claims incorporate the concept of ‘negligence.’ This means, essentially, that a party acted carelessly when they had a legal duty to be careful. Negligent third parties could include  other drivers, vehicle manufacturers, a state transportation agency, or any other party who indirectly caused the accident.

Once you file a claim against a third party, their insurance adjuster will begin an investigation to determine who was at fault for the accident. The drawback here is that the same person who decides how much compensation is deserved is also the one responsible for paying it.

Another option is to file a lawsuit. In order to do so, you must meet New York’s lawsuit threshold. You can meet the threshold if you: suffered a serious injury, have expenses exceeding fifty thousand dollars, are suing on behalf of a deceased loved one, or don’t meet minimum insurance requirements.

One benefit of lawsuits is that they are decided by an impartial judge or jury, as opposed to an insurance adjuster. They may also include compensation for pain and suffering and don’t impose a maximum limit on your financial award.

Small claims court is for monetary disputes of less than five thousand and one dollars. Truck accident victims will sometimes file a small claim for property damage in order to fill in the gaps left by a no-fault claim, which is very limited in coverage.

DETERMINING LIABILITY AFTER A RENTAL TRUCK ACCIDENT

Rental truck accidents require you to consider the potential liability of at least two parties: the driver and the rental company. A driver could be proven negligent for speeding, distracted driving, aggressive driving, or other forms of carelessness. A rental truck company could be found negligent for leasing to an unlicensed or visibly intoxicated driver, as well as for failing to properly maintain their vehicle. Failure to properly maintain a vehicle can include:

  • Bald tires
  • Faulty brakes
  • Faulty steering
  • Defective back door 

If you or someone you love has been the victim of a rental truck accident in New York, contact Rosenblum Law for a free, no-obligation consultation. We’ll help you determine your options for compensation, handle all investigatory matters and legal paperwork, and negotiate the best possible settlement.

Why Choose Rosenblum Law?

100+ Years of combined legal experience
No Upfront cost if we handle your case
Experienced, Trusted lawyers with proven results.
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