Car Accident
Brooklyn New York Car Accident Lawyers
Car Accidents
In 2019 there were 86,221 motor vehicle collisions with injuries reported by NYPD TrafficStat. These collisions can devastate your life and you need to make sure you put yourself in the best position to make yourself whole. At Griss Law Group, that is our objective. We will do everything in our power to make you whole. An individual involved in a motor vehicle collision has so much to consider such as medical treatment, medical bills, lost time from work, lost wages, insurance coverage, pain and suffering and much more. At Griss Law Group we manage every aspect of your car accident so that you can concentrate on your treatment.
12 Steps to follow at a car accident scene
Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:
Assess the situation. You may be involved in an accident that requires you to pull over to the side of the road, if your vehicle is in the proper condition to move, so that you’re in a safer location and minimize the risk of being in another accident.
Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.
Obtain the information for all the vehicles involved including:
- License plate number
- Driver’s license of the operator
- Vehicle registration
- Insurance information
- Year, make, model, and color of the vehicles involved
Take photographs of the accident scene and the vehicles involved in the accident.
Report the accident to your insurance company.
Contact an experienced personal injury attorney for advice regarding your legal options.
Contact an experienced personal injury attorney for advice regarding your legal options.
Who will pay for my medical treatment?
With the current state of the healthcare system as an injured individual you need to make sure you have insurance coverage so as not to fall into tremendous medical debt. It is important to have your medical benefits opened within thirty (30) days of your accident. New York State requires motor vehicles to carry $50,000 in PIP (Personal Injury Protection) coverage. Also known as No-Fault, the insurance policy of the vehicle you are occupying is where your coverage for your medical treatment will come from. There are policies that have APIP (Additional Personal Injury Protection) which goes beyond the mandatory $50,000 coverage but may become a lien against your recovery.
There are policies that have APIP (Additional Personal Injury Protection) which goes beyond the mandatory $50,000 coverage but may become a lien against your recovery. You need a knowledgeable law firm to make sure the proper paperwork is filed with the insurance company so that you are afforded medical benefits. As an injured person with all the hardships that come with it, you shouldn’t have to worry about how your medical bills are being covered.
Who will cover my lost wages?
Car accidents can cause injuries that may cause you to miss time from work. You’ve already suffered physical trauma, now you have to deal with the financial hardship of not being able to work. You need a law firm that has the knowledge to file the proper paperwork with your No-Fault carrier in order to obtain list wages. Additionally, you need a law firm that will help you with the supporting medical documentation you need to provide the No-Fault carrier. It is crucial that you as an injured person obtain all the benefits afforded to you to make your life easier during this hardship.
What happens if there is a question of who’s responsible for the accident?
Unfortunately, car accident victims are under the impression that if there is a question of who is responsible or if the adverse vehicle is not 100% responsible, they cannot recover. New York is a comparative negligence state. That means that a car accident victim can recover even if the other vehicle isn’t 100% responsible. There are a wide variety of reasons an accident happens. In 2020 according to NYPD TrafficStat the most common reason for an accident was driver inattention/distraction. Following driver inattention/distraction the next most common reasons were drivers following too closely, failure to yield right-of-way, improper passing or lane usage, passing too closely, backing unsafely, unsafe lane change, unsafe speed, driver inexperience and other. You need a law firm that will fight for you and do everything possible to hold the other vehicle or vehicles responsible for the accident. Determining who’s at fault is an important part of the process in order to make sure you receive the most compensation for your injuries.
How long do I have to bring a claim or lawsuit?
Time limits are crucial when determining a motor vehicle claim. A car accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. The longer you wait, the harder it may become to recollect the accident. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting. It’s important to consult an experienced well-versed attorney as soon as possible.
What are policy limits when it comes to motor vehicle accidents?
An important aspect of a motor vehicle accident are the policy limits. In New York State the minimum policy is $25,000/$50,000. That means that the vehicle carries a $25,000 limit per person per accident and $50,000 maximum per occurrence. Essentially one person cannot recover more than $25,000 per accident and two or more people cannot recover more than $50,000 under that policy. Despite $25,000/$50,000 being the state minimum, vehicles can carry larger policies. It is important to retain an attorney that is well versed in the intricacies of insurance policy limits.
Is UM/UIM coverage applicable in my case?
Uninsured or Underinsured motorist coverage may be applicable in your case depending on the policy limits of the at fault vehicle and the policy limits of the vehicle you are occupying. If the UM/UIM limit is higher than the at fault vehicle and the at fault vehicle pays out and/or tenders their policy you may be able to recover additional compensation from your UM/UIM provision. Your UM/UIM provision is a way in which you can protect yourself when in an accident with a vehicle that carries a minimum policy. It is crucial to have your declaration page of your vehicle policy when meeting with your attorney so that they can have a better understanding of the available insurance.
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