New York law entitles you to recover for: (1) all your past and future medical expenses incurred directly due to the accident; (2) all lost wages; (3) your pain and suffering; (4) all rehabilitation expenses; and (5) all other out-of-pocket expenses like transportation costs for getting to and from all medical treatment and rehabilitation appointments. Depending on the specific facts of your case, your New York City personal injury attorney will tell you if you’re eligible to recover any other types of compensation. (For example, if this case was filed after a close family member died due to the accident injuries, you should also be able to recover for all reasonable funeral expenses).
In most cases they will give you those funds. However, they can refuse to pay out any of it if there’s clear proof that you were driving under the influence of either drugs or alcohol at the time of the crash. Likewise, if they can prove that you were in the process of committing a felony at the time of the accident, your insurer will use that as a valid reason for not paying out your PIP funds.
If you have a clean record without any recent accidents, most insurance companies will want to keep your business and avoid raising your rates. However, they may raise them to some extent if you need to access all or most of your PIP insurance. Of course, what’s most important is obtaining all the funds you require to get the medical treatment you need and enough to either fix your car or purchase another one.
Get out of Your Car and Call the Police ! Leaving the scene of an accident is a crime! If anyone is injured, dial 911 for an ambulance. Ambulance EMS personnel and police usually arrive together.
Don’t move your car unless you have to because of danger. The position of a vehicle after impact will allow the police to better understand who was at fault.
Exchange driver’s license, registration, and insurance information with the other driver. If the police arrive, they will take insurance information from each motorist separately and enter the information on a police report. You should obtain the police officer’s precinct, badge #, and accident report # . However, if police do not arrive ask the other driver for 1) drivers’s license 2) vehicle registration 3) insurance card. If they refuse, write down their car’s LICENSE PLATE number and STATE.
Do not make any statements to the other driver. Try not to argue even if the other person starts an argument. You can explain your version of what happened to the police officer.
Attempt to obtain the name, address, and telephone number of any eyewitnesses who saw the accident take place.
Go to the hospital or to your primary care doctor. Tell the doctor every complaint and symptom so everything is documented. Often times an injury will develop weeks or months later and insurance company’s often argue the injury is unrelated if the patient did not complain about it at the hospital emergency room.
Call your insurance company and let them know you’ve had an accident. Failure to do so timely may allow them to disclaim coverage, meaning they will refuse to pay for the claim.
Take photographs of the position of the vehicles, damage to the cars, skid marks, and of any visible injuries.
If you think the other driver is drunk, tell the police officer and ask him to administer a sobriety test.
Call the trial lawyers at Frekhtman & Associates for a consultation. We want to help you and all of our services are free of charge. The legal fee is a percentage of the money we win at the end of the case.
For health reasons, you should always immediately go to an emergency room to have your condition fully evaluated. People are often in shock after an accident and may be unaware of all the serious whiplash and other injuries they have incurred. The X-rays and other tests run will also help us later document that all your current physical complaints and injuries were directly caused by the car accident. Waiting even a few days makes it easier for the other driver’s insurance company to claim that at least some of your current physical ailments may be due to another intervening event or accident – perhaps even one when you weren’t the driver.
If possible, obtain a copy of the police report that documents your accident. It’s always best to call the police and politely insist that they come to any accident scene so they’ll create a formal record of what happened. When they arrive, they may take photographs and ask you and the other driver questions about what caused the event.
No. Do not speak at length with them. Instead, tell them they must directly contact your lawyer. Most of those types of calls are taped and you’ll usually be asked misleading questions in hopes that you’ll admit or imply that you may have caused the accident.
Every case is different. Some clients require lengthy medical treatments, followed by extensive rehabilitation therapy. We must wait until these are over so we can properly assess the full extent of your injuries and expenses. Only then can we develop a comprehensive settlement request to send to the other driver’s insurance company.
However, please know that we’ll move forward as quickly and efficiently as we can with your case. We understand that you’re eager to either return to work or resume the everyday tasks and duties you found most meaningful before you were injured. Feel free to stay in close touch with our office so we can regularly update you on the status of your case.
A large percentage of our caseload involves personal injury car accident cases. Over the years, we’ve developed the experience required to negotiate the maximum amount of compensation available in car collision cases. We hope you’ll visit our “Verdicts and Settlements” page (click here) to learn more about how much we’ve won for other car accident victims. After fully investigating your case, we’ll then aggressively negotiate with the other driver’s insurance company on your behalf. If necessary, we’ll then file a lawsuit and fight in court to win a jury award that will fully compensate you for all your losses.