1. What should I do if I am involved in a car
accident?
If you are in an accident, you should do the
following:
- Notify
the police, and if necessary, an ambulance
immediately.
- Do
not make statements to anyone, except a police
officer.
- Do
not admit liability.
- Obtain
all insurance information, names, addresses,
phone numbers and license plate numbers of those
involved in the accident.
- Obtain
the names and phone numbers of all witnesses.
If you have a camera, take pictures of all cars
and people.
2.
Who pays if I incur an injury due to an auto
accident or my car is damaged?
If you are to blame for an accident, your liability
insurance will pay the other driver for property
damage and personal injuries up to your policy's
limits. If you are not at fault, the other driver's
liability insurance pays for your car damage and
personal injuries. However, your medical bills, lost
wages and other expenses are paid by your own
insurance carrier under New York's No Fault Law.
Recent changes in the law make it very important
that you file your no-fault claim within a short
time period of time following the accident. Failure
to file in a timely manner may result in the denial
of your claim.
3. What other expenses are covered by my own
no-fault insurance? For a period of up to one year
after the accident, no-fault will reimburse you for
household help, mileage to and from accident-related
medical appointments and in some cases, other
accident-related expenses are also reimbursable.
4. What can I do if my own no-fault insurance
company refuses to pay my lost wages, medical or
other necessary expenses?
You and any other person(s) injured in your vehicle
have the right to mediation or arbitration. In
addition, a lawyer can often negotiate a resolution
of these matters without the necessity of proceeding
with mediation or arbitration.
5. I received a personal injury as a result of
hitting a pothole with my car. Who is responsible?
Injury caused by improper maintenance or repair of
roads and highways may be the fault of the state,
county or town responsible for that road. Sometimes,
the fault lies with a private construction company
who worked on the road.
6. An insurance company is offering me a nice
settlement. Should I take it?
No. Tell the insurance company that you will get
back to them. In the meantime, contact
Scott C. Gottlieb immediately. Often times an
insurance company will offer a minimal amount of
money in return for your signature stating that you
will not sue. This often happens shortly after the
accident takes place. Insurance companies will often
discourage you from obtaining a lawyer so they can
pay less to resolve your claim. Never take an
insurance check without first consulting an
attorney.
7.
What issues will I face in making a claim for my
injuries sustained in an auto accident?
A claim for injuries is usually based upon
carelessness or negligence. In worse case scenarios,
it is based on an intentional or reckless act. The
three categories of issues that typically arise in a
tort claim after an automobile accident are:
- Liability
- who is at fault and to what degree.
- Damages
- injuries or losses that were caused by the
accident.
- Insurance
Coverage - what the insurance company will pay
for after an accident
Often,
there is additional insurance coverage available
through your policy or the other party's insurance
company. Not locating all possible insurance
coverage can be a very costly mistake. Attorney
Scott C. Gottlieb will assist you in locating all
possible insurance and other assets to help pay your
claim.
8. How will I pay for my medical bills?
If you have been injured, you will likely have
medical bills from physicians, hospitals, physical
therapists and other health care providers, as well
as prescription costs. Those bills will be in your
name and will usually be sent to your address. Under
New York’s No Fault Law, the insurance company of
the vehicle that you were in will be primarily
responsible for the payment of your medical bills.
If you are a pedestrian, the insurance company of
the car that struck you will be responsible for the
payment of those bills. Sometimes the amount the
insurance company is willing to pay is far less than
the actual amount of the bill. However, New York law
often compels the doctor or hospital to limit their
charges to the amount covered by no-fault. Contact
Scott C. Gottlieb today to discuss your case.
9. How do I get reimbursed for my lost wages?
Under New York’s No-Fault Law, lost wages are
initially paid by the insurance company for the car
you were in, and in many cases, New York State
Disability. If you are a pedestrian, the insurance
company of the car that struck you will pay your
lost wages, along with NYS Disability. Should the
amount of your wage loss be greater than what
no-fault and NYS Disability are obligated to pay,
then any party at fault will often be responsible
for that additional wage loss. As with medical
bills, applications for lost wages must be made
within a relatively short time period, or the claim
may be denied. These applications can be
particularly tricky when you are self-employed or
between jobs. Contact
Scott C. Gottlieb today to discuss your case.
10. How long does a personal injury claim take to
resolve?
Personal injury claims can be resolved in a matter
of a few weeks or months. However, they make take up
to several years depending on the complexity of the
case. A competent attorney will keep your case
moving forward to a resolution, but will not be
over-eager to settle your case and will never let
the responsible party or their insurance company
know that you are anxious to settle your case. It is
best to speak with an experienced personal injury
attorney about your specific case.
11. My doctor notified me that I have a permanent
injury as a result of my auto accident. What does
this mean?
A permanent injury is one that is going to either be
with you for the rest of your life or for some
period beyond the settlement of the claim. In most
cases the injured party is entitled to compensation
from the at-fault party and their insurance company
for past, present and future pain and suffering.
This includes compensation for loss of enjoyment of
life and future lost wages.
12. Am I at fault if I rear-end another vehicle?
Almost always, yes. The law states that you must
maintain a safe distance to be able to stop safely
if a car stops in front of you. However, there are
some exceptions, especially when the other driver
makes a sudden and unexpected stop, or if you are
involved in a chain reaction.
13. What should I do if I did not feel hurt at the
scene but experienced pain afterwards?
You should immediately consult your medical provider
regarding any pain, discomfort or possible injuries
from a car accident, even if you think they may be
only minor injuries. Even if you did not complain of
injuries at the scene of the car accident, if you
were injured in the accident, you are entitled to
payment of your medical bills and lost wages. For
certain injuries where the other party is at fault,
you may also be compensated for your pain and
suffering and loss of earnings capacity. You should consult
Scott C. Gottlieb to discuss whether you need
representation on your claim.
14. What if I am partially at fault in the accident?
Can I still be compensated for my pain and
suffering? Yes. In New York State, there is a legal
principle known as comparative negligence. Even if
the other party is only partially at fault, their
insurance company will have to pay you partial
compensation for your serious personal injuries as
well as property damage.
15. What if I have other questions?
Contact us today. We will
answer your questions and discuss your case.
Motor Vehicle
Accidents
Free Motor Vehicle
Accidents Case Evaluation
Personal Injury Glossary
Car Accident Glossary
Motorcycle Accident Glossary
|
