AUTO ACCIDENTS
AUTO ACCIDENTS
NEW YORK AUTO ACCIDENT LAWYERS IN RONKONKOMA
PLEASE GIVE CAREFUL CONSIDERATION TO THE FOLLOWING:
1. It would be most helpful if you maintain a written record of the dates you receive medical treatment and the time you lose from work. When you have completed your medical care, please notify us so that we can obtain a final comprehensive medical report.* If you treat with any additional doctors, health care providers or health care centers, please let us known so we may obtain the relevant records.
2. You will undoubtedly receive bills for medical services. Please send the originals of those bills to us and retain a copy for your records. If you were involved in an accident with a motor vehicle which was properly insured in New York State, as well as some other states, either as a driver, passenger or pedestrian, your medical expenses and lost wages**, if any, may be covered by what is called "no-fault" insurance coverage. The provisions of this type of insurance require that a "No-Fault Application" be filed within 30 days of the accident. If you were involved in an accident, as a passenger or pedestrian, with a motor vehicle which was NOT insured, your medical expenses and lost wages, if any, may be covered through the Motor Vehicle Accident Indemnification Corporation (MVAIC) insurance coverage. The provisions of this type of insurance require that a "Notice of Intention to Make Claim", as well as other forms and documents, be filed within 30 days of the accident. We will file the "No-Fault Application" and/or "Notice of Intention to Make Claim" for you.
3. It is important that you refrain from discussing your case with anyone not connected with this firm. If anyone else contacts you, please refer them to our office regardless of what information they request.
4. It is essential that your automobile insurance carrier is notified of the accident. If you have not already done so, we will notify them for you. Failure to notify your carrier, and to cooperate with them, could jeopardize your coverage.
5. If you change your address or phone number, please notify our office by telephone and in writing or by email as soon as possible. Written notification will ensure that this essential information is properly recorded in our office computers.
6. You have informed us that you were injured on the date of accident. It is imperative that this date is accurate since the law sets forth various filing deadlines. If the date of accident you gave us is incorrect, please notify us immediately so that we can properly record these statutory due dates in our office diaries. Again, we must have this notification in writing to best protect your case against dismissal due to late filing.
*NOTE: ANY UNEXPLAINED GAP IN MEDICAL TREATMENT COULD RESULT IN THE COURT DISMISSING YOUR CASE IN ITS ENTIRETY. IF YOU ARE UNABLE TO KEEP YOUR MEDICAL APPOINTMENT, PLEASE CONTACT YOUR ATTORNEY IMMEDIATELY!
**Contact your employer immediately to find out if you are eligible for New York State Disability Benefits.
RECEIPTS FOR EXPENSES ARE TO BE SUBMITTED WITHIN 45 DAYS OF THE DATE OF THE BILL, BUT SHOULD BE SUBMITTED AS QUICKLY AS POSSIBLE.
COMMONLY ASKED QUESTIONS
I. WHAT TYPES OF INJURIES AM I ENTITLED TO BE COMPENSATED FOR?
Under New York State Law, one cannot recover monies for bodily injuries unless they sustained a "serious injury." However, what you may consider a "serious injury" may not necessarily be what the law defines as a "serious injury.” Section 5102(d) of the New York State Insurance Law defines a serious injury as follows:
5102(d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
In plain language, in order for you to recover money for your bodily injuries you must have sustained at least one of the following injuries:
a. Dismemberment (loss of arm, etc.) or significant disfigurement (a significant permanent scar);
b. Death or Loss of a Fetus;
c. Loss of a bodily function;
d. A non-permanent injury which keeps you from doing your normal and customary activities for a period greater than 90 days after the date of your accident.
The first two categories are self explanatory; however, the third and fourth categories are not. The third and fourth categories have been utilized by attorneys to allow compensation for those injuries commonly referred to "soft tissue" (Whiplash, Headaches, Backaches, etc.).
"Soft tissue" injuries are the most common injuries sustained in automobile accidents. "Soft tissue" injuries, while severely limiting, are, more often than not, undetectable by the human eye. "Soft tissue" injuries can resolve themselves; however, "soft tissue" injuries may require a steady course of medical treatment as well as physical therapy. Due to the nature of "soft tissue" injuries, you may be required to see a Neurologist (Nerve doctor), an Orthopaedist (Bone doctor), Chiropractor (Back & Neck) or a Physical therapist.
During the course of your medical treatment, your doctors may refer you to other doctors for a number of tests such as X-rays, MRIs, CAT-SCANs, EMGs etc. Each time you are referred to a new doctor you should inform our office.
II. WHO PAYS MY MEDICAL BILLS ?; WHO REIMBURSES ME FOR MY LOST EARNINGS ?; WHAT IS "NO-FAULT" ?; AND WHAT OTHER EXPENSES AM I ENTITLED TO BE REIMBURSED FOR ?
"NO-FAULT" merely means that the expenses associated with your injuries will be covered by the insurance carrier of the car you are driving, passenger in or struck by. It does NOT mean that you are automatically entitled to money NOR does it mean that the property damage sustained by your motor vehicle will be paid for.
"NO-FAULT" covers your medical expenses, lost earnings, transportation (to and from the doctor), housekeeping and other expenditures incurred as a result of your injuries.
1. Medical expenses. Medical treatment will be covered up to $ 50,000.00 dollars or up until it has been medically determined by the NO-FAULT insurance company's doctor, NOT your own doctor's opinion, that you have recovered from your injuries or can no longer benefit from medical treatment. The NO-FAULT insurance company pays your doctor directly. Please note, that if NO-FAULT denies a portion of your doctor's fees, due to an excessive rate charge, you are NOT responsible for that portion deemed to be excessive.
2. Lost Earnings. You are entitled to recover 80% of your lost earnings up to $ 2,000.00 per month. However, you must first file for disability and your doctor, not your attorney, must have made a determination that you are disabled.
3. Transportation and Housekeeping expenditures. You are allowed to be reimbursed for monies spent on Transportation and/or Housekeeping. Transportation and Housekeeping expenditures are reimbursable for a maximum of $25.00 per day. However, you may not recover for both transportation and housekeeping on the same day.
Transportation will only be covered to and from the doctor. If you use a yellow cab ask for the receipt. If you use a "gypsy cab" have the driver write the amount on the back of the company card. If the driver states he does not have a card, buy a receipt book at Staples or any other stationary store and have him sign that.
Housekeeping. You will not be reimbursed for any housekeeping performed by a family member. Moreover, you must have receipts documenting your payment. Again, you may buy a simple receipt book from any stationary store.
It is important to note, that you may not be immediately reimbursed for these expenses. It sometimes can take up to four months before you are reimbursed for any of the aforementioned expenditures.
It is necessary, if you own a car or a family member, in your household, owns a car, for you to forward a copy of that insurance policy to our office immediately. Your insurance rate is in NO way effected by mailing our office a copy.
III. WHO PAYS TO FIX OR REPLACE MY CAR (PROPERTY DAMAGE)?
There are a number of ways in which you may recover money for the damage caused to your car as a result of this accident. You, as the owner of the car, are in the best position to handle this. Of course, we will lend assistance. We merely request that you provide our firm with a copy of the release the insurance company may require before you sign it.
1. Collision Coverage. The fastest and most efficient way to have your car repaired or recover its monetary equivalent is through your own insurance policy. However, you must have purchased "collision" when you secured your car insurance; or
2. Other Cars Policy. You may also recover your property damage from the other motor vehicle's insurance carrier. However, you will only be reimbursed the lesser of either the cost of repairs or the "blue-book" value minus your percentage of liability. In other words, if your car is worth $8,000.00 dollars and you are 50% responsible for the accident - you will only be reimbursed $4,000.00 dollars. Moreover, settling with the other cars insurance carrier may take some time.
If you are not the owner of the car we cannot pursue a settlement for the damage done to that motor vehicle.
IV. HOW LONG BEFORE MY CASE WILL SETTLE and HOW MUCH WILL IT SETTLE FOR ?
In the beginning, this question is next to impossible to answer as there are just too many factors to consider such as injury(ies), permanency of those injuries, liability (fault) and insurance coverage. Once your course of medical treatment has been completed and the diagnostic reports received by our office, then answers to these questions may be possible.
AGAIN, RECEIPTS FOR NO-FAULT EXPENSES ARE TO BE SUBMITTED WITHIN 45 DAYS OF THE DATE OF THE BILL, BUT SHOULD BE SUBMITTED AS QUICKLY AS POSSIBLE.