How To Ensure That You Are Properly Insured In Case Of A Car Accident

As a personal injury attorney, I often meet people that have suffered serious injuries as a result of a car accident.  Unfortunately, sometimes I have to explain to them that the person responsible for their injuries either has no insurance, or inadequate insurance, to fairly compensate them.

In New York State the statutory minimum amount of liability insurance a person is required to carry for a motor vehicle accident is $25,000 per injured person and $50,000 for an entire occurrence.  This means that no matter how severe a person's injuries are, they will only be able to receive $25,000 from the insurance carrier if injured by a person with such an automobile policy.  This can be devastating should the person be so severely injured that they have large medical bills and/or are unable to return to work and the negligent party is either insolvent or has little money.

With proper planning there are ways to protect oneself from such a situation.  When purchasing insurance coverage for an automobile policy, most people are concerned with only one factor, cost.  However, there are relatively inexpensive coverage’s offered by an insurance company that can protect you from an uninsured or underinsured driver. 

Every insurance company is required to offer Uninsured Motorist Coverage and Supplemental Under Insured Motorist Coverage (UM/UIM).  This coverage will commence if a person is injured by another party that has either no insurance or a minimum policy.  In essence, the injured parties insurance company will act as the defendant and pay for the damages suffered by their own insured.  Further, this is done in an expedited arbitration proceeding, as opposed to a drawn out legal battle.

The minimum amount of Uninsured/Supplemental Under Insured coverage required in New York is also $25,000 per injured person and $50,000 per occurrence.  That means everyone that purchases automobile insurance in New York State has at least that amount of coverage included in the automobile insurance policy. 

For just a few dollars more per month a person can elevate these amounts significantly.  Insurance companies differ on the maximum amount of Uninsured/Supplemental Under Insured Insurance that they will offer.  But most insurance companies offer at least $500,000.  This means that should a person be injured by another party with no insurance or inadequate insurance, they can recover their damages from their own policy up to $500,000.  This type of policy will also protect family members and other people in your vehicle.    

I highly recommend this type of coverage to all my clients.  Hopefully, they will never need it.  But should they suffer an injury from an uninsured or underinsured driver, they will at least have the piece of mind of knowing they are financially protected.

WHAT YOU NEED TO KNOW BEFORE HIRING A PERSONAL INJURY ATTORNEY

One of the most important decisions that you will be faced with following an accidental injury will be choosing the right attorney to represent you.

Many attorneys claim they handle personal injury cases.  However, not all of them are qualified to do so.  Some inexperienced attorneys can view personal injury cases as "easy money."  They do very little work and expect that they can settle the case and make a quick buck.  The problem for the client in this scenario is that they likely received far less money then they should have because no one put in the work required to get them their fare compensation.

Only an experienced, aggressive personal injury attorney familiar with the nuances of the field will be able to maximize an injury settlement.  There is a lot of work that needs to be done to maximize a recovery.  An experienced, aggressive attorney will investigate all of the facts of a case, gather all information such as witness statements, photographs and medical records, review those records, litigate the case in court, hire experts, negotiate a settlement, and if necessary, go to trial.  This type of approach will obviously yield far better results for a client then the attorney that is sitting around hoping for a call from an insurance adjuster offering a quick settlement.

So how can you ensure that you hire the type of attorney that is going to maximize your recovery?  There are five simple steps to follow when searching for a personal injury lawyer.

First, be aware of the "ambulance chaser."  If you receive an unsolicited call or letter from a lawyer following an accident, be careful.  This unsavory practice is frowned upon in the legal feild and may also be considered unethical.  You would most certainly want to avoid a lawyer that engages in this type of practice.

Second, start your search by looking for an attorney with a proven track record of success in the field of personal injury.  Look at their prior trial results and settlements.  There is no substitute for successful experience.  If your potential attorney can't show you some of their successful case results, you may want to find another lawyer.

Third, the attorney should not be a jack-of-all-trades.  The attorney should concentrate their practice in the area of personal injury.  If your attorney is doing real estate, criminal law, family law or any other type of law, in conjunction with personal injury, they probably are not particularly well versed in personal injury law.  Personal injury law is a complex and constantly changing field and an injured party would do well to find a lawyer who concentrates in only that area.  Make sure you ask what types of cases the attorney handles.

Fourth, make sure your attorney has the resources to pursue your case.  They will need both man power and money to maximize your recovery.  There is a great deal of paperwork involved in personal injury law, as well as many financial expenses.  A talented support staff and large monetary reserve are necessary to carry a case to fruition.  Therefore, be inquisitive.  Look around and ask questions.  Where is the attorney's office?  Is it large, comfortable and furnished appropriately?  Does the attorney have a staff?  Does the office appear alive and bustling?  Does the energy in the office feel positive? If you do not get a feeling of comfort from what you are seeing and hearing, beware. 

Fifth, make sure the attorney is upfront with respect to his fees and expenses associated with the case.  The attorney should have a thorough retainer agreement for you to review that lists their financial compensation and expenses.  If the attorney does not have a full and thorough retainer or refuses to provide you a copy, you should be careful.  

Moreover, don't be afraid to ask a lot of questions.  If you don't like what you are hearing, keep searching for the right attorney.  He or she is out there.

The Basics of Understanding New York State No-Fault Law

The Basics of Understanding New York State No-Fault Law

Generally speaking, when a person sustains injuries in a motor vehicle accident, they are entitled to have their medical bills, lost wages, and other reasonable accident related expenses paid for by the automobile insurance carrier of the vehicle that the person was occupying at the time of the accident.  On certain occasions, there are instances when another insurance carrier will be responsible for these expenses.  However, in the majority of accidents, it is the car that the person is occupying at the time of the accident that cover the above costs.

It is important to note that fault for the accident has no role in determining which insurance carrier pays for these expenses.  For example, a person can be sitting in their vehicle at a red traffic light when they get rear-ended.  It will still be the insurance carrier for the vehicle that the person is in when they were rear-ended that will pay for medical bills, lost wages and other reasonable accident related expenses.

Another important aspect of the No-Fault Law is the deadline for applying for the benefits.  There is a strict 30 day deadline for completing and mailing a No-Fault application (NYS Form NF2).  Failure to sign and return the form to the No-Fault insurance carrier may result in your No-Fault benefits being denied.  Some insurance carriers will make exceptions for a reasonable delay in returning the No-Fault application.  However, it is never good to be in a position of having to ask an insurance carrier for an exception.

Due to this extremely short deadline, it is recommended that you act quickly if you are involved in an accident wherein you sustain injuries.  It is usually best to contact an attorney that is familiar with No-Fault law immediately.  However, if you decide to handle the matter yourself, make sure that you contact your insurance carrier and request a No-Fault application right away.  Once received, complete the application and return it by mail, return receipt requested.  This way if there is ever a question of whether the application was returned on time, you will have the proof.

It is also important to mention that reporting the accident to the No-Fault insurance carrier by phone is not sufficient to satisfy the 30 day No-Fault deadline.  An Application must be completed and returned even if you notified the insurance carrier by another manner within the 30 days.

Another important feature of No-Fault law is that the person has the freedom to treat with any healthcare provider that accepts No-Fault insurance.  There are no networks to worry about and no need for a referral.  Further, there are no deductibles.

No-Fault insurance will also cover a majority of an individuals lost wages.  Generally speaking the No-Fault carrier will pay up to 80% of a person's lost wages.  There are some exceptions to this rule.  For example, there is a cap of $2,000 per month for lost wages.  Therefore, a high earning individual will hit this cap prior to receiving 80% of their lost wages.  In order to receive lost wages, employment must be verified and a doctor must state that the individual can not work due to accident related injuries.

Finally, there are other accident related expenses that No-Fault insurance will cover.  These include, but are not limited to, expenditures for gas and mileage related to medical treatment, and expenses for household help, if a person incurs such bills.

No-Fault insurance is a valuable resource for people injured in motor vehicle accidents.   However, it is often complicated by red tape.  The best way to insure that you receive all of the benefits that you are entitled to is to hire an attorney knowledgeable in No-Fault law.  Should you have any questions about No-Fault Law, feel free to contact me.  As always, the consultation is free.