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Frequently Asked Questions For auto accidents

Here, we provide general responses to some of the most common questions we receive from clients about auto accidents. To get more specific information about your auto accident in New York, contact Law Office of Dennis P. Ryan to schedule a Free Consultation by calling (212) 441-4352. Don’t wait- call us today.

What Types of Auto Accidents Are There in New York?

The types of auto accidents are the same pretty much anywhere, and they include single car accidents or collisions between other vehicles, people, property, or animals.

  • Single auto accident

  • Multi-car accident

  • Truck accidents

  • Motorcycle accidents

  • Pedestrian accidents

  • Bicycle accidents

  • Hit and run accidents

  • Rideshare accidents

  • Public transit accidents

  • Wildlife-vehicle collisions

  • Car accidents involving pets

  • Car accidents involving children

How Do I Get Compensation for an Auto Accident in New York?

One of the main things that accident victims have to worry about is being fairly compensated for their injuries. There are two main ways that this will generally happen, and each has its own pros and cons. 

Settlement

In an auto accident, resolving a case in a settlement means accepting the amount of money that an insurance company offers. One of the main benefits of handling a case this way is that it will typically end a case much quicker than going through the court system. In addition, a client and their attorney have a good deal of power during this process–they can negotiate until they get the amount they want and reject any settlement that isn't acceptable.

Going to Court

If a victim doesn't receive a fair settlement offer, they may need to file a lawsuit to get their compensation. Lawsuits may result in a higher payout, but they typically take much longer, and there is no guarantee that a court will side with you.

After a Car Collision in New York, Who Do I Sue?

There are many parties who might be liable for your injuries, and ultimately it will depend on the facts of your specific case. An experienced lawyer will be able to help determine who the best person or people are to seek compensation from. 

If the other driver was driving under the influence or failing to obey the rules of the road, they could potentially be held liable. Additionally, a car manufacturer could be held liable if their car malfunctioned, and in some cases, a government entity could even be held liable if the conditions on the road are what causes a crash.

Should I Release Medical Records to Another Driver's Insurance Adjuster?

Generally, it is important to remember that the other insurance adjuster involved in the case wants to pay you as little as possible. While they may ultimately need to see your records, they only need to see specific records pertaining to your accident. If records are not necessary, but the insurance company receives them, they could use any health information against you. An attorney can help edit this request to ensure that only records needed are released. 

Further, it is always important to have an attorney with you when you speak to your own insurance company. You want to give only the facts. Your own insurer has its own company as its priority, too, and so it also wants to prevent a payout. This is especially true when you need to file a first-party claim with your own insurance.

If I Don't Feel Hurt after an Auto Accident, Do I Have to See a Doctor?

Certain injuries might not present symptoms immediately after an accident, and getting to a medical professional can catch those injuries. In addition, an opposing attorney or insurance adjuster might try to argue that a delay in seeking medical treatment means that a victim's injuries were not actually from the accident. Going to the doctor after an accident can cut against these kinds of arguments.

What Should I Do after an Auto Accident in New York?

First and foremost, you should contact emergency services and seek medical attention. But you also want to:

  1. Exchange information with the other parties to the accident, which includes names, insurance, driver's license, phone numbers.

  2. Gather evidence, like pictures and video of the scene, the surrounding location, the vehicles, property damage, injuries (if any).

  3. Get the names and contact information of any eyewitnesses as well as a brief recorded statement, if you are able to do so because their recollection will be best on the scene and preservation of it will be best if recorded either in writing or by video.

  4. Consult with an attorney so that you can obtain a good understanding of whether you have a compensable case and how to go about pursuing what you are legally owed.

What Should I Not Do After an Auto Accident in New York?

In juxtaposition to what you should do if in a car collision, here is what you should not do.

  1. You should never leave the scene of an accident. If you leave a scene, especially when someone is injured, it is a hit and run, a criminal offense. You must stay with your vehicle and contact emergency personnel if someone is injured.

  2. You should not leave your vehicle where it can pose a risk to others. If you can, move the vehicle to a safe location. If you cannot move it on your own, contact someone who can.

  3. You should not ignore calling 911. Even when no one is injured, you should still contact 911. The police will investigate and write a report that can later be used to help identify liability.

  4. Do not forget to exchange information. Try not to let fear or anxiety get the best of you. You really need to obtain contact and insurance information from the other party involved in the collision. Insurance will be critical to recovery of compensation.

  5. Do not underestimate your injuries. Some injuries are delayed (like whiplash) while other injuries may not seem serious (like bruising as there may be internal bleeding). You should get checked out by a doctor.

  6. Do not admit fault. Even if you think or know you are at fault, do not admit it. The other party may have contributed in some way, too. In comparative negligence states, you can still recover in most situations if both parties contributed to the accident.

  7. Do not contact or give a statement or documents to the other party's insurance company. You must speak to your own insurance company, but you are not obligated to do the same with any other insurance company. To do so could jeopardize your case. Either your attorney or your own insurance company can communicate with the other party's auto insurer.

Contact an Auto Accident Lawyer in New York Today

If you've been in an auto accident and are considering filing a lawsuit, contact one of our personal injury attorneys at Law Office of Dennis P. Ryan today for a Free. We can answer your questions, put together a strong case, and fight for the compensation you deserve. Call (212) 441-4352 today or fill out our online form today.

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recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.