Rear-End Collision Lawyer in Binghamton
Rear-end crashes happen every day, but when it happens to you, there’s nothing ordinary or typical about it. Whether you’re sitting in traffic, stopped at a light, or driving on the highway, rear-end accidents can be infuriating and frustrating.
Even if you do not experience pain right away, your injuries can creep up on you. A lot of times, the pain and agony caused by whiplash and other symptoms of muscle trauma may take a few days or even a week or two to fully manifest.
At the law office of Scott C. Gottlieb, Injury Law Attorney, we understand rear-end car accidents and the injuries they cause. Give us a call today to discuss the circumstances of your crash and learn about your right to financial compensation. A consultation is free, and you only pay us if we secure money for you.
What to Do After a Rear-End Collision
Here’s what you should do if someone rear-ends you in Binghamton or the surrounding areas.
Call 911. Never let a negligent driver persuade you to let him or her leave the scene without contacting the authorities. Police are necessary for several reasons. For instance, they can control the scene, help coordinate moving vehicles, keep traffic moving, and reduce the chance of altercations. They can also create an official report that gives you all the information you will need to set up an insurance claim.
Seek medical attention. Make sure you go to the hospital for care. You may be in shock or stunned by the crash and not necessarily notice pain. You need to document all injuries as early as possible.
Document evidence from the scene. You should consider taking lots of photographs, if possible. These days, just about everyone has a camera built into their phone. You should get pictures of your car, the other driver’s car, the scene, the damages, and anything else that may help to show how the crash occurred. Also ask witnesses for their contact information so your attorney can follow up with them later.
Notify your insurance company. Your insurance policy requires you to notify your own insurance company. Plus, by New York’s no-fault laws, you will need to file a claim with your personal injury protection (PIP) policy first. A skilled car accident attorney can also help with this.
Determining Fault After a Rear-End Collision
A rear-end collision is usually caused by the rear driver. Of course, this is not always the case. Sometimes rear-end collision fault can be due to a driver negligently stopping without notice or other reasons.
However, New York drivers are presumed to have certain basic responsibilities when driving on the roadways. These responsibilities include:
- A duty to operate the motor vehicle safely
- A duty to keep a watch out for others
- A duty to follow the law
- A duty to follow all traffic safety rules
When drivers ignore these rules by texting, talking on their phones, or simply not paying attention, the injuries can be severe. Determining fault in a rear-end crash usually requires a thorough investigation.
Keep in mind that police are looking for evidence of traffic violations and crimes. They are typically not concerned with negligence or fault, as these are civil matters between the parties. Instead, police may issue citations, which are fines that need to be paid to the government – not you.
However, if the other driver pleads guilty to relevant traffic offenses like “failing to stop to avoid a collision” or “speeding,” then these can be used as potential evidence of the other driver’s negligence as you pursue a personal injury claim.
Compensation After a Rear-End Collision
The vast majority of car accidents settle out of court. In fact, insurance companies are required to exercise good faith in attempting to resolve insurance claims without litigation. Therefore, if you have injuries that required medical care and you file a claim with the insurance company, they should at least attempt to settle the claim.
However, a rear-end collision settlement is not always straightforward. Insurance adjusters may try to put the blame on you, the innocent victim, in order to reduce or eliminate the amount of money they must pay. They may also try to diminish the severity of your injury by arguing you were already suffering from a “pre-existing condition.” Finally, they might try to argue that the medical care was not related, not necessary, or simply that it cost too much, and they shouldn’t have to pay it. Although these may seem like outrageous arguments, they happen all the time.
With the help of an experienced car accident lawyer, you may be able to get the insurance company to pay:
- Pain and suffering compensation
- Reimbursement for medical costs
- Payment for future medical expenses
- Money for rehabilitation services
- Money to make up for lost income and wages
- Payment for damage to your vehicle
Our dedicated rear-end accident lawyer will thoroughly document all the damages you have suffered as a result of your crash. Our team will use this to build a strong case for full and fair compensation.
I Was Rear-Ended, Should I Get a Lawyer?
If you need help with a rear-end collision insurance claim, then you might want to consider hiring our respected accident lawyer in Binghamton, N.Y. Our knowledgeable lawyer can:
Investigate the crash. At Scott C. Gottlieb, Injury Law Attorney, we start every case with a detailed evaluation of the accident and a confidential free consultation with our client. This allows us to get your side of the story first. Then, we carefully review the scene, crash report, photos, witnesses, and any other evidence that might help.
Coordinate care. Some doctors are not willing to treat patients who have been hurt in car wrecks. It may seem odd, but auto insurance policies often will not pay the typical rate for care if the treatment is related to a car accident. Some providers simply do not like dealing with insurance companies, attorneys, third-party claims reps, and patients who may be struggling to pay. When you hire our firm, we can help you find medical providers who are willing to treat you and who understand how to bill on auto accident cases.
Aggressively negotiate settlements. You should not speak to insurance claims representatives because they are trained to get you to say things to hurt your case. For instance, a claims handler may ask if you saw the other driver. If you say yes, they may ask why you didn’t avoid the crash. If you say no, they’ll argue you weren’t paying attention. As dishonest and disingenuous as this may be, it’s a common tactic they use.
Present a persuasive case at trial if necessary. If your case has to be fought to trial, you can rest assured you are in good hands with our experienced trial lawyer who has successfully tried these types of cases to verdict.
Contact Our Binghamton Rear-End Collision Attorney Now
For help pursuing the full compensation you need after a Binghamton rear-end collision, call Scott C. Gottlieb, Injury Law Attorney, and get started with a free consultation today.