Car Accident FAQs
- I was seriously injured in a car accident, who pays for my medical bills and lost wages?
- What exactly does No-Fault insurance cover?
- I have some minor aches and pains but I think I’ll be all right. Should I see a doctor anyway?
- What should I do when the insurance company representative calls or drops by the hospital or my house to take a recorded statement?
- Should I sign the insurance company’s release form?
- What if my car accident was caused by a defective part in my own vehicle?
- I was hurt in a car accident and my injuries were so severe I never spoke with the police about how the accident occurred. How can I get a copy of the police report?
- If I pursue a personal injury claim, what kind of damages can I receive?
- If I’m seriously hurt in an auto accident, what can I do if the other driver is at fault but has no insurance, minimal insurance or leaves the scene of the accident, known as a “hit and run?”
- If my spouse was driving and was at fault for the accident am I covered?
- How do I choose the best car accident lawyer for my case?
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I was seriously injured in a car accident, who pays for my medical bills and lost wages?
In New York state, regardless of fault, you are entitled to have medical bills and a portion of your lost wages paid by insurance. You are not required to sue. Every auto insurance policy in New York State provides coverage for medical expenses and a portion of lost earnings. You must file an application for No-Fault benefits within 30 days or your medical bills and lost earnings may not be paid.
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What exactly does No-Fault insurance cover?
No-Fault insurance provides reimbursement of medical expenses and a portion of your economic damages, including lost wages and other reasonable expenses such as prescriptions, travel expenses and household help.
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I have some minor aches and pains but I think I’ll be all right. Should I see a doctor anyway?
After an accident, people are in a state of shock and may not realize the extent of their injuries. Often what appears to be a minor injury can prove to be deadly—as we have recently seen in the Natasha Richardson skiing accident. [CNN Article]
Not all injuries caused by car accidents are immediately apparent; in particular head, neck, knee and shoulder injuries may not become noticeable or disabling until days, weeks or months later. Sometimes people think the injury is minor and will get better, only to find it gets progressively worse.
It’s important to seek medical attention right away to make sure you’re examined for any possible injuries. Give the doctor an honest history. If you have had a prior neck or back injury, tell the doctor. Don’t delay—don’t tough it out, it may get worse.
The insurance company will use any delay in seeking medical care and attention against you. If you delay seeing a doctor for days or weeks, the insurance company will use it as proof that you really were not that seriously injured or that your injuries occurred somehow or somewhere else. Copies of your medical reports serve as documentation that your injuries are causally related to the accident. -
What should I do when the insurance company representative calls or drops by the hospital or my house to take a recorded statement?
Never give a statement to the other driver’s insurance company—or your own—until you have spoken to an attorney. Insurance companies often attempt to take a recorded statement within 24 hours of an accident. The insurance companies are well aware that the full extent of your injuries may not be known within 24 hours. Insurance companies that ask for such statements know that important legal issues are involved. Insurance companies have lawyers to protect their rights and so should you. Politely advise the insurance company adjuster that you have retained an attorney and to please call your lawyer.
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Should I sign the insurance company’s release form?
Never sign any paperwork such as a release form from an insurance company following an accident without first consulting an attorney. There is an old saying that a person who acts as his own lawyer has a fool for a client.
The Insurance Research Council (IRC) found that people represented by a lawyer received 3.5 times more money than people who settled a case without a lawyer. Even after paying attorneys’ fees, clients received more than double the amount of money they otherwise would have gotten. Is it any wonder the insurance company wants you to sign a release and settle your case before you hire a lawyer? Many injury victims have unwittingly signed away their right to file a claim before understanding the full nature and extent of their injuries or their true value of their claim. The insurance companies have lawyers and know the true value of your case—shouldn’t you? The insurance companies have lawyers protecting their rights, and so should you. -
What if my car accident was caused by a defective part in my own vehicle?
If your car accident was caused by defective components in your car, the responsibility lies with the manufacturer, not with you. You may have grounds for a legal claim against the company that manufactured or distributed the parts.
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I was hurt in a car accident and my injuries were so severe I never spoke with the police about how the accident occurred. How can I get a copy of the police report?
Your first priority following a car accident should always be to seek medical help for yourself or others. Obtaining contact information at the scene of an accident is helpful but when it isn’t possible, don’t worry. If the police were summoned to the scene of the accident, they will have filed a report and you can obtain a copy of the report by contacting the police station. You can also contact an experienced car accident attorney who will work with you to try and piece together key evidence necessary to protect your rights.
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If I pursue a personal injury claim, what kind of damages can I receive?
Damages awarded in a car accident claim vary according to the unique circumstances of each event, but in general the types of damages you may be eligible to receive include: pain and suffering (both past and future), payment of medical costs (both past and future), lost wages, loss of annuity or pension, loss of household help and non-economic damages such as loss of consortium (harm to a family relationship). An experienced car accident attorney can advise you more specifically regarding your individual case.
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If I’m seriously hurt in an auto accident, what can I do if the other driver is at fault but has no insurance, minimal insurance or leaves the scene of the accident, known as a “hit and run?”
The answer is that every policy of auto insurance in New York has Uninsured Motorist / Supplementary Underinsured Motorist coverage, also known as UM/SUM, which protects you and your family if you’re injured by a car that flees the scene, or you are injured by a car with no insurance or minimal coverage. It is the least expensive auto insurance in NY State. We recommend that you protect yourself and your family by immediately calling your broker and increasing your UM/SUM coverage to at least $100,000. The cost is usually less than $1 per week.
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If my spouse was driving and was at fault for the accident am I covered?
The answer is NO, unless you have spousal coverage. Spousal insurance is a very inexpensive add-on coverage that protects each spouse from an accident caused by the other spouse. Every married vehicle owner or driver should have this coverage. In many cases, it can be as inexpensive as $3 per month. If you, your family or friends are unsure whether you have UM/SUM coverage or spousal insurance, call (800) 966-4999 or fax your policy to us at 516-342-2400 and we will be happy to help you.
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How do I choose the best car accident lawyer for my case?
Car accident lawyers are paid a percentage of the recovery, regardless of whether it is settled or goes to verdict. In New York State, the law regulates and limits attorneys’ fees to one-third of the net recovery—and even less in medical malpractice cases. It is important that you hire the most qualified, experienced and credentialed attorney. The client will be charged the same percentage whether they hire a new attorney, a general practitioner or one of NY’s top premier personal injury attorneys.
Beware of attorneys who offer to reduce, discount or cut their fee. The best attorneys—those that are most qualified, experienced and credentialed—are in demand and do not do cut their fees. Be careful of an attorney who is willing to charge less. They may not have the financial resources, the time or the money to prosecute your case. Instead, they may settle it for far less than you should get.
There are reliable, independent and reputable agencies and services that rate lawyers. The most reliable and prestigious are those that base their ratings on anonymous surveys. The names of the attorneys are submitted by other attorneys and judges.
We are proud to have received the Martindale-Hubbell [http://www.martindale.com/] AV rating, which reflects the highest legal skill and ethical rating an attorney can receive. We are also named to the Bar Register of Preeminent Lawyers.
We are proud that partners and counsel have been named to NY Super Lawyers, which lists the top five percent attorneys, as selected by their peers by state and practice area. No lawyer can apply or submit their name for consideration. Our partners and/or counsel have been recognized and named to the top 100 Trial Lawyers by the American Trial Lawyers Association, also included in the “Best Lawyers of America” and are members of the Multi-Million Dollar Advocates Forum.
Be certain that your lawyer has experience handling cases like yours, that the attorneys have proven track records—and the staff and financial resources not only to take on the biggest and most powerful defendants and insurance companies, but win!
Ask your personal injury lawyer if they have any testimonials from other clients who are similarly injured, attesting to how the lawyer changed their life, made a difficult situation easier, and protected them and their families’ financial future. We have bound leather volumes of heartfelt testimonials in our reception area for your review.
If you have other questions about your car accident claim, contact the New York lawyers of Schwartzapfel Truhowsky Marcus P.C. With more than 150 years of combined experience, our attorneys are well-prepared to handle all your legal needs. Call us at 1.800.966.4999 or fill out our online contact form for a free case evaluation. We will fight for you!
