If you were injured in a car accident in Staten Island or anywhere in the New York area, Minchew & Santner, LLP can help. Our experienced car accident attorneys have been recovering compensation for injured victims for over 38 years — handling everything from minor collisions to serious and catastrophic crashes. We offer free consultations and charge no fee unless we win your case.
Below are answers to the most common questions we hear from car accident victims in New York.
1. What should I do if I have just been in an automobile accident?
At the scene of the accident, obtain the name, address, license number and insurance information from the other drivers involved, as well as all witnesses. (If you have a cell phone, you can take pictures of license, registration and insurance cards at the scene. If it is safe to do so, photograph the damage, the vehicles’ positions, road conditions, and any visible injuries before anything is moved.) You should report the accident to the police immediately. Report the accident to police at the scene, or if necessary, to the local precinct within 24 hours after your accident.
Seek treatment immediately for your injuries. Sometimes serious injuries do not cause significant pain. If you experience even minor pain after an accident, you should go to the emergency room, urgent care center or see your family doctor.
2. An insurance adjuster for the other driver just called me, and asked me to give a “recorded statement” about the accident, what should I do?
The other driver’s insurance company has two goals: first, they want to protect the interests of the driver who caused your injury, and second, they want to pay you as little money as possible.
You are under no obligation to give a statement. If someone is injured in an accident or there is property damage exceeding $1,000, you are obligated to fill out a MV-104 accident report and then file it with the Department of Motor Vehicles. But companies may ask you for a copy of your MV-104 statement before they pay out a property damage claim.
Thus, if people have collision coverage on their auto insurance policy, we advise clients to make a collision claim. When you make a collision claim, your insurance company fights for you to get back your deductible from the other driver’s insurance company. Furthermore, you do not have to give a statement to the opposing insurance carrier.
If you were injured and partially or totally at fault in the accident, you should contact a lawyer prior to deciding whether to give a statement to an insurance company.
3. I have been injured, who will pay my medical bills?
New York is a “No-Fault” state, which means that your car insurance pays for your medical benefits and lost wages. If you are driving someone else’s car or are a pedestrian, you should consult with an attorney so that you know which insurance company will pay medical expenses and lost wages.
It is important to notify the insurance company within 30 days after the accident. See our blog post for an explanation of No Fault benefits.
4. Who will pay for the damage to my car?
A collision endorsement on your car insurance will pay to have your car fixed. Collision coverage will pay you the value of the vehicle if it is a total loss. If you are not at fault in the accident, your insurance company will seek to be reimbursed by the insurer of the driver at fault and will obtain any deductible you may have paid from the other insurance company.
If you do not have collision insurance, and you are not at fault, the insurer of the driver at fault should pay for your property damage.
5. Who will pay for a rental car while my car is being repaired?
Some insurance policies provide for rental payments when your car is being repaired.
If you did not purchase this type of insurance, you can make a claim against the other driver’s car insurance. This claim is called “loss of use.” The insurance company for the at-fault driver will be liable for rental car fees while your car is being repaired.
6. Can I get compensation for my pain and suffering?
Most insurance companies will not voluntarily agree to pay for pain and suffering damages. Recovery for personal injuries often requires witness statements and doctor reports to support the claim. Experienced attorneys will know how to prove the claim and what is a fair settlement. Since New York is a “No Fault” state, you must prove you have sustained “serious injuries.” See our blog post for a more detailed explanation.
We have recovered compensation for thousands of clients over 38 years — even in cases where the insurance company initially denied the claim. Don’t be discouraged by an early refusal; it is often just the beginning of the negotiation.
7. My accident was a short time ago, but the insurance company is offering me money now, should I take it?
Be very careful. Insurance companies make a profit by keeping money and investing it, not by paying it to injured victims. An early offer may not fully compensate you for your injuries. A doctor should evaluate you to determine the extent of your injuries. Remember, once you accept the offer of the insurance company, they will pay you no further money. This will be true, even if you find out later that your injury is worse than you thought.
8. What will my car accident lawyer do for me?
Your lawyer should thoroughly investigate your accident. He should obtain statements from witnesses and police reports. He should help you make claims for your medical bills and lost wages. A lawyer would advise you about property damage claims. A lawyer will take your case to trial if it is necessary in order to obtain fair compensation for you.
9. If I hire a lawyer, how do I pay him or her?
Attorneys accept car accident cases on a contingent fee basis. This means that the attorney will take a percentage of your recovery. In New York, the amount of the fee is 33 1/3%.
Our office will not charge any fee to meet with people to determine if they have a case. We will also help you process your no-fault claim for medical benefits and lost wages at no additional charge.
10. What if the other driver had no insurance, or fled the scene?
Hit-and-run accidents and uninsured drivers are more common than most people realize. Fortunately, New York law requires every auto insurance policy to include Supplementary Uninsured/Underinsured Motorist (SUM) coverage. This means that if the driver who caused your accident has no insurance — or not enough insurance to cover your injuries — you can make a claim under your own policy.
If you were a pedestrian or passenger and do not own a car, you may still be entitled to coverage through a family member’s policy or through the Motor Vehicle Accident Indemnification Corporation (MVAIC). Contact us to find out which coverage applies to your situation.