Brooklyn Car Accident Lawyer Samantha Kucher Explains New York Car Accident Settlements

Globe and Mail

08-07-2025

Understanding how car accident settlements work in New York is critical for anyone recovering from a crash. Brooklyn car accident lawyer Samantha Kucher (https://www.rrklawgroup.com/how-car-accident-settlements-work-in-new-york/) of Kucher Law Group provides a detailed explanation in a recent article titled 'How Car Accident Settlements Work in New York: Timeline, Negotiation Letter, and Payouts'. The article breaks down the process from the first steps after an accident to the final payout, offering vital information for those navigating the state's no-fault system and liability thresholds.
As a Brooklyn car accident lawyer, Samantha Kucher highlights the importance of following legal requirements immediately after a crash. Victims are urged to report the incident to law enforcement, file Form MV-104 with the Department of Motor Vehicles if the damages exceed $1,000, and begin gathering evidence from the scene. These initial actions set the stage for a smoother settlement process and help protect the individual's legal rights.
Samantha Kucher emphasizes that a Brooklyn car accident lawyer can help claimants understand the state's no-fault system. Under New York law, Personal Injury Protection (PIP) covers up to $50,000 for medical expenses and lost wages, regardless of who caused the accident. However, if injuries go beyond this coverage or involve non-economic damages like pain and suffering, claimants must meet the 'serious injury' threshold to pursue additional compensation through the at-fault driver's insurer. This includes injuries such as fractures, disfigurement, or extended disability that prevents daily activities for 90 out of 180 days.
Once the initial treatment phase concludes and a claimant reaches Maximum Medical Improvement, Samantha Kucher explains that the next step is the demand letter. The demand letter outlines the accident, medical history, lost income, and a specific settlement amount. It also includes supporting documentation and gives the insurer a deadline to respond. 'A skilled attorney can help draft your letter and ensure that all the necessary details are included for the insurance company's consideration,' the article states.
Insurance companies may accept the demand, reject it, or more commonly, counter with a lower offer. Samantha Kucher points out that settlement negotiations can take weeks or months depending on the injury's severity, the strength of evidence, and whether liability is disputed. While many cases resolve during negotiations, some require a lawsuit to proceed further, especially when the insurer refuses to pay what the claimant is owed.
The Brooklyn car accident lawyer also outlines what happens when a lawsuit becomes necessary. The process begins with filing a formal complaint, followed by an exchange of information during discovery, and possibly going to trial. Although trials are rare, the threat of litigation often motivates insurers to offer better settlements. As noted in the article, 'Filing a lawsuit doesn't just preserve your claim, it can also change the insurer's posture.'
Timing is another essential factor. New York law requires lawsuits to be filed within three years of the accident, or within 90 days if a government entity is involved. Missing these deadlines can result in losing the right to seek compensation entirely. Samantha Kucher advises that legal action can be both a strategic move and a safeguard for one's legal rights, especially when faced with insurance delays or denials.
The settlement amount itself is based on several key factors. According to the article, damages are categorized into economic (medical bills, lost income, property damage), non-economic (pain and suffering, emotional distress), and in rare cases, punitive damages. The claim's size, liability disputes, comparative negligence, insurance policy limits, and even the court venue all influence how much compensation a claimant may receive.
For example, Samantha Kucher explains that if a claimant is found partially at fault for the accident, their compensation is reduced proportionally. A person who is 20% responsible for the accident would receive 80% of the total settlement amount. She also notes that venues such as Manhattan or the Bronx tend to award higher settlements compared to other counties, making local legal insight an important consideration.
Once a settlement is reached, New York law mandates that insurance companies issue payment within 21 days. Government entities have up to 90 days. The funds are usually routed through the attorney's trust account, with disbursements made after resolving any liens or legal fees. Most claimants receive their payment within two to three weeks after finalizing the agreement.
The article from Samantha Kucher concludes by reiterating the importance of knowing how the system works. From documentation and filing deadlines to insurer tactics and negotiation strategies, each step affects the final outcome. Legal guidance can help ensure that claimants are not shortchanged during any phase of the settlement.
For those facing the aftermath of a car accident in Brooklyn, understanding each step in the settlement process is a critical part of recovery. Samantha Kucher's breakdown provides a reliable guide to navigating New York's car accident claims and reaching a fair resolution.
Kucher Law Group continues to advocate for injured individuals across New York City. With a deep understanding of the local legal landscape, Samantha Kucher offers clarity and support to those who may be overwhelmed by the settlement process.
About Kucher Law Group:
Kucher Law Group is a New York-based law firm focused on helping injury victims pursue the compensation they need after accidents. Led by attorney Samantha Kucher, the firm is committed to providing personalized legal guidance to clients across Brooklyn and the greater NYC area.
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