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INJURED IN A CAR CRASH? Car Accident Lawyer New York

Have you been injured in a car accident in the bustling streets of New York? Has your life been turned upside down by someone else’s negligence? You don’t have to face the financial burden alone. Hold those accountable for your injuries and get the compensation you deserve. Get in touch with our experienced car accident lawyer in New York today!

INJURED IN A CAR CRASH? Car Accident Lawyer New York

Have you been injured in a car accident in the bustling streets of New York? Has your life been turned upside down by someone else’s negligence? You don’t have to face the financial burden alone. Hold those accountable for your injuries and get the compensation you deserve. Get in touch with our experienced car accident lawyer in New York today!

Why Do You Need to Hire a Car Accident Lawyer in New York?

Why Do You Need to Hire a Car Accident Lawyer in New York_ - Uptown Injury Law PLLC New York City - Kyle Newman Esq.webp

Getting involved in a car accident in New York can be a chaotic and overwhelming experience.  It can take a toll on your physical and emotional well-being. A car accident often involves a series of legal processes, including:

  • Filing paperwork
  • Gathering evidence
  • Negotiating with insurance companies
 

Car accident lawyers are well-versed in complex New York traffic laws and regulations. They can provide you with valuable guidance on how these laws apply to your specific case, hence, ensuring that you fully understand your rights and responsibilities.

Furthermore, assessing the actual value of your claim can be a difficult task on your own. It may include the calculation of various factors such as medical bills, property damage, lost wages, and future expenses related to your injuries. 

Having a car accident injury lawyer by your side means insurance companies will take your case seriously and not deny or lowball your claim. This means you get the maximum compensation you deserve for your damages.

Lastly, the majority of car accident attorneys in New York operate on a contingency basis, implying they only receive payment if your case is successful. Therefore, you won’t have any upfront cost and you lose nothing.

Why Do You Need to Hire a Car Accident Lawyer in New York?

Why Do You Need to Hire a Car Accident Lawyer in New York- Uptown Injury Law PLLC New York City - Kyle Newman Esq

Getting involved in a car accident in New York can be a chaotic and overwhelming experience.  It can take a toll on your physical and emotional well-being. A car accident often involves a series of legal processes, including:

  • Filing paperwork
  • Gathering evidence
  • Negotiating with insurance companies
 

Car accident lawyers are well-versed in complex New York traffic laws and regulations. They can provide you with valuable guidance on how these laws apply to your specific case, hence, ensuring that you fully understand your rights and responsibilities.

Furthermore, assessing the actual value of your claim can be a difficult task on your own. It may include the calculation of various factors such as medical bills, property damage, lost wages, and future expenses related to your injuries. 

Having a car accident injury lawyer by your side means insurance companies will take your case seriously and not deny or lowball your claim. This means you get the maximum compensation you deserve for your damages.

Lastly, the majority of car accident attorneys in New York operate on a contingency basis, implying they only receive payment if your case is successful. Therefore, you won’t have any upfront cost, and you lose nothing.

Understanding of New York Laws

Understanding of New York Laws - Uptown Injury Law PLLC New York City - Kyle Newman Esq

Navigating New York’s no-fault insurance laws is complex, often requiring legal expertise. These laws order insurance companies to pay losses irrespective of the fault and can be challenging to understand and file a claim under. 

Without legal help, you might miss out on full compensation for your medical expenses, lost wages, or other damages incurred due to the accident. 

That’s where an experienced New York car accident lawyer can guide you, advocate for your rights, and protect you from unexpected legal issues.

Understanding of New York Laws

Navigating New York’s no-fault insurance laws is complex, often requiring legal expertise. These laws require insurance companies to pay claims regardless of who is at fault, and they can be hard to understand and file under. 

Without legal help, you might miss out on full compensation that may cover your medical bills, lost wages, or other damages sustained as a result of the accident. 

That’s where an experienced New York car accident lawyer can guide you, advocate for your rights, and protect you from unexpected legal issues.

Navigating the Insurance Process

Navigatingthe Insurance Process - Uptown Injury Law PLLC New York City - Kyle Newman Esq

Seeking assistance from a car accident lawyer offers you the advantage of leveraging their expertise in navigating the insurance claim process.  This is because insurance companies often employ strategies such as:

  • Underestimating claims
  • Postponing payments
  • Or outright denying claims

However, having a car accident lawyer by your side who is well-equipped to tackle these strategies will ensure you don’t have to worry about dealing with insurance companies alone.

Navigating the Insurance Process

Seeking assistance from a car accident lawyer offers you the advantage of leveraging their expertise in navigating the insurance claim process.  This is because insurance companies often employ strategies such as:

 

  • Underestimating claims
  • Postponing payments
  • Or outright denying claims


However, having a car accident lawyer by your side who is well-equipped to tackle these strategies will ensure you don’t have to worry about dealing with insurance companies alone.

Accurate Calculation of Damages

Accurate Calculation of Damages - Uptown Injury Law PLLC New York City - Kyle Newman Esq

A lawyer who knows about car crashes can figure out how much compensation should be paid for your damages. This includes economic damages such as money spent on doctor bills and paychecks that were lost because of the accident. 

It also includes compensation for non-economic damages that are hard to put a price on, like emotional suffering and other damages. 

These calculations require a comprehensive understanding of the law and consulting with professionals such as expert witnesses and accident reconstructionists.

Hence, protecting you from being a victim of an insurer company’s lowball settlement offers.

Accurate Calculation of Damages

A lawyer who knows about car crashes can figure out how much compensation should be paid for your damages. This includes economic damages such as money spent on doctor bills and paychecks that were lost because of the accident. 

It also includes compensation for non-economic damages that are hard to put a price on, like emotional suffering and other damages. 

These calculations require a comprehensive understanding of the law and consulting with professionals such as expert witnesses and accident deconstructionist.

Hence, protecting you from being a victim of an insurer company’s lowball settlement offers.

How Much Are Car Accident Settlements Worth?

The average car accident settlement amount in New York varies widely, but your claim could range between $14,000 to $28,000. Factors that could influence a car accident settlement may include the severity of injuries, property damage, medical expenses, loss of wages, pain and suffering, and the clarity of fault. 

However, consulting a New York car accident lawyer can help you better understand and navigate your specific case.

Below are estimated car accident settlement amounts:

Airbag Injuries $15,000 - $150,000
Broken Bones $55,000 - $100,000
Facial Scarring $20,000 - 50,000
Internal Bleeding $25,000 or above
Traumatic Brain Injuries $25,000 - $350,000
Amputation $100,000 or above
Disc Herniation $15,000 to Millions
Disc Bulges $25,000 to Millions
Nerve Damage $15,000 - $75,000 (for mild injury) $100,000 to Millions (for severe injury)
Whiplash $10,000 or above
Burn Injuries $5,000 (First Degree) $25,000 - 75,000 (Second Degree) $100,000 to Millions (Third Degree)
Cuts and Lacerations $10,000 - $200,000 or above
Ear Injuries $15,000 to Millions
Wrongful Death $400,000 or above

Types of Compensation in Car Accidents

In general, car accident settlements aim to compensate victims for the damages they have suffered, such as:

Medical Expenses

Medical bills can accumulate quickly after an accident. Whether it’s immediate emergency care, subsequent surgeries, physiotherapy, or long-term treatments, these costs can be a burden on the victim. 

 

Often, an NYC car accident lawyer will assist you in calculating the total expenses related to medical care, ensuring no costs are overlooked. This also includes prescription medications, specialized equipment, and any ongoing medical care necessary due to the accident.

Property Damage

Car repairs, especially after significant collisions, can be costly. Moreover, if personal belongings inside the vehicle (like electronics or valuables) are damaged, they, too, should be accounted for. An experienced car accident lawyer will advocate not only for the repair or replacement of the damaged vehicle but also for any personal property that was damaged in the accident.

Lost Wages

Car accidents often leave victims unable to work, either temporarily or, in some severe cases, permanently. It’s not just about the days immediately after the accident but the weeks, months, or even years of potential income lost. A car accident lawyer can provide expertise in calculating this amount, taking into account not only the present lost wages but potential future wages as well.

Pain and Suffering

Beyond the tangible expenses, car accidents can also lead to significant emotional and physical trauma. This pain and suffering is a less quantifiable aspect but equally crucial in an accident claim. A lawyer for car accidents will make sure that your pain, both physical and emotional, is adequately represented and compensated for in the settlement.

Loss of Earning Capacity

Some accidents leave victims with lasting injuries, impacting their ability to earn at the same capacity as before. For instance, a professional athlete or a craftsman might not be able to perform at the same level post-accident. Compensation for this diminished capacity is crucial, and a car accident lawyer possesses the necessary expertise to evaluate it. 

Other Damages

Some damages are not as straightforward. For example, the loss of consortium reflects the emotional toll of an accident on a victim’s relationship with their spouse. Beyond the loss of companionship or support, this may also cover the loss of affection, sexual relations, and comfort. An expert car accident lawyer can navigate these more nuanced areas of compensation, ensuring that you and your family’s entire ordeal is considered in a claim.

 

Although insurance companies often use various guidelines to calculate a potential settlement amount, their primary goal is to minimize costs. 

 

This is why engaging a seasoned personal injury lawyer can assist you in obtaining a just settlement that comprehensively considers the nuances of your case and aims to maximize your compensation.

Where Do Most Car Accidents Happen in New York?

Most car accidents in New York happen in densely populated areas, particularly in the boroughs of Brooklyn and Manhattan, due to high traffic and pedestrian volumes.

Here is a list of places vulnerable to car crashes in NYC. 

Seventh Avenue and the Intersection at Broadway

A key juncture in Times Square, this area encounters immense traffic, both in terms of pedestrians and vehicles. The heightened activity amplifies the likelihood of car accidents. Anyone involved might consider hiring a lawyer for car accidents to navigate the complexities of the situation.

Brooklyn-Queens Expressway (BQE)

This major artery bridges Brooklyn and Queens, gaining notoriety for its congestion and prevalent accidents. Given the frequency, seeking the expertise of an NYC car accident lawyer becomes essential for those affected.

Queens Boulevard

It is often called the “Boulevard of Death” because many accidents happen there. A lot of these accidents involve people walking and cars. This long road goes through many parts of Queens and has been a big worry for the people living nearby. Even though there have been attempts to make it safer, many accidents still happen, and it remains a hot topic for the community.

FDR Drive

Skirting the eastern edge of Manhattan, FDR Drive is a vital artery for the city’s bustling traffic. Especially during rush hours, its lanes are teeming with vehicles, making it one of the most heavily used expressways. 

Unfortunately, with such high traffic volume, accidents and collisions are not uncommon. Those involved in such incidents on this stretch would be wise to consider seeking advice from a car accident lawyer in New York, ensuring that their rights and interests are well-protected.

Bronx River Parkway

When you travel along the Bronx River Parkway, you’re greeted with breathtaking scenic views that have made it renowned far and wide. It’s no surprise, then, that during weekends, the parkway witnesses a significant surge in traffic as many seek the tranquility and beauty it offers, hence leading to higher chances of car crashes. 

Grand Central Parkway

Driving on the Grand Central Parkway, a crucial link between Queens and Long Island, you often find yourself amidst a sea of vehicles, facing regular traffic jams. 

This bustling route sees its fair share of car accidents, placing you and other drivers in potentially tough situations. If you ever find yourself in such a predicament, seeking the expertise of a seasoned New York car accident lawyer is crucial. 

Cross Bronx Expressway

When you’re on the Cross Bronx Expressway, you quickly realize its significance as a vital link between New Jersey and Long Island. However, with this importance comes the notorious reputation for traffic jams and accidents.

Moreover, navigating the challenges of this expressway can be daunting, and if you find yourself entangled in an incident here, having an NYC car accident lawyer by your side becomes essential. Their expertise in such a complex and high-traffic zone can be invaluable.

Hutchinson River Parkway

As a car accident law firm, when representing clients who’ve had incidents on the Hutchinson River Parkway, we often notice a recurring theme. This parkway, winding through the Bronx and Westchester, is notorious in legal circles for car accidents. The reason? Its constricted lanes and sharp curves make it particularly challenging for drivers. 

Anyone traveling this route needs to exercise extreme caution. If you find yourself in a situation on this dangerous road, having an experienced car accident lawyer can be invaluable in navigating the complexities that may arise in your case.

Belt Parkway

This road wraps around Brooklyn and Queens and stands out as a hotspot for collisions. The high traffic density on this highway, especially during peak hours, significantly increases the likelihood of accidents. 

Over the years, we’ve represented numerous clients who’ve faced unfortunate incidents here, and the common thread is often the congestion and unpredictability of the traffic flow. 

Statue of Liberty/Ellis Island Ferry Terminals

The vicinity of these tourist magnets can witness car crashes due to escalation in pedestrian movement, combined with congested roadways. This mix often leads to car crashes as drivers try to navigate through the thick crowds and tight streets. 

If you’ve had the misfortune of being involved in an accident near these landmarks, having knowledgeable legal representation is necessary, given the unique challenges these locations present.

What Is the Minimum Car Insurance Amount in NYC?

In New York, vehicle owners are held to strict standards for everyone’s safety. By law, they are required to maintain certain minimum levels of auto insurance coverage. This is to ensure that there is ample financial protection in place if they find themselves involved in any accidents.

The minimum car insurance requirements in New York City are as follows:

$25,000 Bodily injury per person
$50,000 Per accident
$10,000 Property damage per accident
$25,000 If at fault driver is uninsured
$50,000 Personal injury protection (PIP)
$100,000 For death of two or more people

If you have a car crash in New York City, dealing with insurance can be confusing. Hiring a NYC car accident lawyer can help. They know the rules and how insurance works. 

An attorney will represent you with the insurance company, ensuring you receive the maximum compensation. They’ll meticulously review all documents, including police reports and medical bills, to leave no detail overlooked while you focus on your recovery.

What Types of Injuries Are Common in Car Accidents?

Injuries in collisions may vary from minor bruises to permanent or life-threatening ones, resulting in both physical and emotional trauma. Car accident injuries may involve:

Whiplash

It is a rather unsettling injury that often occurs as a result of a sudden and forceful movement that mirrors the swift whipping motion of one’s neck and head. This type of injury is frequently associated with rear-end car accidents, where the unexpected impact propels the neck into a rapid back-and-forth motion, leading to a host of physical discomforts. These discomforts typically manifest as ongoing stiffness, throbbing pain, and a noticeable reduction in the neck’s range of motion, ultimately impacting one’s daily life and well-being.

Traumatic Brain Injuries (TBI)

When it comes to car accidents, Traumatic Brain Injuries (TBIs) are a sobering concern. These injuries materialize when the head experiences a sudden and forceful impact, often seen in vehicular collisions. The repercussions of such incidents can range from relatively mild concussions to more severe and life-altering conditions, including contusions or even dangerous brain bleeding.

The physical and emotional toll of TBIs can be immense, affecting your daily life, employment, and overall well-being. A lawyer for car accidents can provide crucial assistance by navigating complex legal processes, gathering evidence, and negotiating with insurance firms to guarantee you obtain a fair settlement to cover medical expenses and other associated costs.

Broken Bones 

The forceful impact of car accidents can cause bone fractures in areas such as the ribs, arms, legs, and collarbone due to the significant pressure exerted during a crash. These fractures typically manifest with symptoms such as intense pain, noticeable bruising, and significant swelling. However, coping with such fractures can disrupt daily life, hindering mobility and causing discomfort. 

This is where a skilled car accident lawyer steps in to alleviate the burden. They can help you by ensuring that you receive the compensation you deserve, covering medical bills, rehabilitation, and lost wages, allowing you to focus on recovery and returning to your regular life with ease of mind.

Airbag Injuries 

Airbags are safety devices designed to cushion and protect passengers from impact, but their forceful inflation can cause injuries. These can range from minor abrasions and bruises to more severe issues like chemical burns from the propellant, broken bones, or even traumatic brain injuries. 

Factors leading to such injuries include proximity to the airbag, its deployment speed, and the angle of the body during impact. While airbags significantly reduce fatalities and severe injuries, their very mechanism, which relies on instantaneous inflation, can sometimes harm occupants, especially if seatbelts aren’t used or if the individual is positioned improperly.

Eye Crush

Eye crush injuries in car accidents refer to traumatic damage where the eye or surrounding structures are compressed due to forceful impact. They occur when an individual’s face hits a solid object like a steering wheel, dashboard, or window during a collision. The severity can range from minor to catastrophic, potentially leading to permanent vision loss. 

Amputation

Amputation injuries refer to the loss or removal of a body part, usually an extremity like an arm, leg, finger, or toe. In car accidents, these traumatic amputations can occur when a limb is crushed between objects, severed by sharp metal, or due to high-impact collisions. 

The extreme force or impact of a crash can lead to limbs being torn off or severely damaged, and surgical amputation becomes necessary. Additional factors, such as being ejected from the vehicle or becoming entrapped, can also contribute to these devastating injuries. 

Nerve Damage 

In a car accident, the forceful impact can jolt your body abruptly, causing your nerves to stretch, compress, or even tear. Imagine wires in a gadget getting frayed or disconnected. Similarly, when your nerves are damaged, they can’t transmit messages effectively. This could result in numbness, pain, muscle weakness, or even paralysis in certain areas of your body. 

Victims of car accidents who suffer from nerve damage may struggle with daily tasks, endure chronic pain, or may have to go through long-term physical therapy, leading to mounting medical bills as well as emotional trauma. 

Spinal Cord Injuries

When you’re in a car crash, you might get hurt in a way called a spinal cord injury. This happens when your body gets a hard hit, like when your car suddenly stops during a crash. Your spinal cord, which is like a message sender in your body, can get hurt during this big shakeup. These injuries can change your life a lot, either for a little while or forever.

Your spinal cord helps your brain talk to the rest of your body. So, if you get hurt in a car accident, you might have trouble moving, feeling things, or even end up with a long-lasting disability. These injuries may lead to:

  • Disc Herniation: It happens when the inner core of a spinal disc protrudes and presses against spinal cord nerves. In car accidents, the spine can undergo rapid twisting, bending, or compression due to sudden impacts, often leading to disc rupture. For example, a rear-end collision can force the spine to move rapidly forward and backward, potentially causing disc herniation.
  • Disc Bulges: Car accidents can lead your spine subjected to intense and abnormal forces, such as sudden impacts, jolts, or rapid deceleration, which can contribute to the weakening of spinal discs, resulting in these bulges. 
  • Paralysis: In high-speed collisions or rollovers, the spinal cord can sustain catastrophic injuries when exposed to extreme forces, which may result in compression, bruising, or even severing of the spinal cord. Hence leading to paralysis and disrupting the spinal cord’s ability to transmit signals between the brain and the rest of the body.

Internal Injuries

These injuries affect your body’s inner workings, targeting vital components like organs, blood vessels, or the abdomen. They demand swift and expert medical care because these injuries may pose a risk to your well-being and can even be life-threatening.

Furthermore, the aftermath of a car crash can disrupt your daily life significantly. You may find yourself burdened with mounting medical bills in addition to the physical and emotional toll these internal injuries can take on you.

Cuts and Lacerations

When a collision happens, you may be thrown forward or sideways, coming into contact with sharp objects, shattered glass, or even the vehicle’s interior. These accidents can result in deep cuts and lacerations, sometimes severe enough to damage muscles, nerves, or blood vessels. The consequences are not just physical; they can include extensive scarring, ongoing pain, and the need for costly medical treatments. 

Burns

In the unfortunate event of a car crash resulting in fire or explosion, you may find yourself at risk of sustaining burns. These burns vary in severity, spanning from first-degree, which are superficial, to the more critical third-degree burns that can be life-threatening. In addition, these injuries may occur due to the intense heat generated during car accidents, affecting the occupants. 

If you’ve suffered second-degree burns, which are painful and often require extensive medical care, you could potentially seek compensation averaging around $100,000 to $300,000 in car accident cases. 

However, third-degree burns, being the most severe, can merit considerably higher compensation, often exceeding $1 million due to their devastating and long-lasting consequences.

Psychological Trauma

Injuries in car crashes are not only limited to physical but may also lead to profound psychological trauma. For example, experiencing the traumatic event of an accident can trigger conditions like PTSD, anxiety, and depression, which often linger long after physical wounds have mended. These mental health challenges can significantly impact your life, affecting your daily functioning, relationships, and overall well-being.

Can I Recover Compensation if I Am at Fault in a Car Accident in New York?

Yes, you can still potentially recover compensation if you are at fault in a car accident in New York due to the state’s “no-fault” insurance law. 

This law allows car accident victims to file a claim with their own insurance company for certain damages like medical bills and lost earnings, regardless of who was at fault for the accident. 

However, for other damages, like pain and suffering, New York adheres to a “pure comparative negligence” rule, which reduces your compensation based on the following:

  • The severity of the injury 
  • Traffic violations
  • Percentage of fault assigned to each party
  • The damages sustained 
  • Insurance policy limits

 

For example, if you’re 30% at fault in a $10,000 accident for speeding while the other driver ran a red light, you’d receive $7,000 under the pure comparative negligence rule, representing 70% of the damages not attributed to your fault.

Similarly, if you’re 20% at fault for a $15,000 accident due to not signaling while the other driver was texting, you would receive $12,000, which is 80% of the total damages, under the same rule.

Who Bears Responsibility in a Car Accident Claim?

If you are in a car accident, you have the right to file a claim against the party or parties responsible for causing the collision. This typically includes other drivers, pedestrians, or entities responsible for maintaining the road (like government agencies). 

Therefore, when you’re dealing with the aftermath of a car accident in New York, taking the right steps is crucial to ensure you have a strong case for your claim. 

What You Need to Gather?

  • Photos: Ensure you capture clear images of the accident site, including the damages to all the vehicles involved, road conditions, traffic signals, and any relevant road signs. These visual records can provide vital evidence to support your car accident claim and help establish liability.
  • Witness Statements: If anyone witnessed the accident, approach them and request their contact details. Eye-witness accounts can be invaluable in backing up your version of events and can significantly strengthen your case.
  • Police Reports: Immediately contact the police to report the accident. The responding officers will create an official accident report, documenting details such as the date, time, location, and parties involved. This report can serve as an official record of the incident, which can be instrumental in your claim.
  • Medical Records: Seek immediate medical attention, even if your injuries seem minor at first. Secure copies of all medical documentation associated with the accident, including doctor’s notes, test results, and treatment plans. These records provide proof of your injuries and their connection to the accident.

 

Additionally, it’s worth noting that in New York, a “no-fault” insurance system is in place, indicating that your own insurance provider will handle your medical bills and other financial losses up to a certain limit, regardless of who was at fault. 

However, in cases of severe injury or when the medical expenses exceed a certain threshold, you may still be able to pursue a claim against the at-fault party.

Furthermore, hiring a car accident lawyer in New York can significantly increase the likelihood of obtaining fair compensation for your damages. At Uptown Injury, our car accident attorneys can navigate the intricacies of the legal process, deal with insurance firms, and maximize the compensation you deserve.

What to Do After a Car Accident in New York City?

Navigating the aftermath of a car accident in New York City can be overwhelming. Here’s a step-by-step guide to handling the situation, ensuring your safety and legal rights are prioritized.

Step 1: Ensure Safety

Prioritize safety by checking yourself and your passengers for any injuries. If anyone is hurt, call 911 immediately. Moreover, if the situation allows, move your vehicle to a safer spot away from traffic. However, if you cannot move the vehicle, remember to turn on your hazard lights to alert other vehicle drivers.

Step 2: Call the Police

Regardless of how minor the accident might seem, it is essential to call the police. This is especially true in New York, where it’s required by law to report accidents where there is an injury, death, or property damage exceeding $1,000. A police officer will create a car accident report, which could serve as a piece of critical evidence if you need to file an insurance claim later on.

Step 3: Exchange Information

Exchange names, addresses, phone numbers, insurance company details, policy numbers, driver’s license numbers, and plate numbers with all drivers involved in the accident. Also, get the names and contact information of any witnesses.

Step 4: Document the Scene

Photograph the accident scene, including all vehicles involved, from different angles. Document the damage to your vehicle and any others involved. If there are visible injuries, document these as well. Also, take pictures of the location, including any traffic signs, to help show the context of the accident.

Step 5: Contact Your Car Insurance Provider

Reach out to your insurance provider immediately to report the accident and start the claim process. They can guide you on the next steps, such as where to have your car repaired.

Step 6: Seek Medical Attention

Even if you don’t think you’re injured, it’s a good idea to see a doctor. This is because some injuries may not be immediately apparent, and it’s important to have a medical record if symptoms appear later.

Step 7: Keep A Record of Everything

Preserve all records related to your accident, such as medical bills, repair bills, police reports, and any communication with insurance companies. This documentation could be essential if there’s a dispute about the accident or if you need to file a lawsuit.

Step 8: Consult a Lawyer

Depending on the severity of the accident, it may be a good idea to consult with a car accident lawyer, especially if there are disagreements about who is at fault, if you’re seriously injured, or if you’re not satisfied with the compensation offered by the insurance company.

Step 9: Follow Up on Your Insurance Claim

Keep up with your insurance claim and make sure you understand what is covered under your policy. If you’re not satisfied with the insurer’s decision, consider seeking advice from an experienced car accident lawyer.

What Are the Common Causes of Car Accidents?

Car accidents can happen for various reasons, often involving a combination of factors. Below are some common causes of frequent car accidents:

Distracted Driving

It is a leading cause of car accidents, posing a grave threat to road safety. Activities such as texting, phone calls, GPS use, eating, adjusting the radio, and conversing with passengers divert a driver’s attention from the road. These distractions endanger not only the driver but also other road users. 

Speeding

Excessive speeding significantly impairs a driver’s ability to react swiftly to sudden shifts in road conditions or unexpected traffic developments, thereby substantially increasing the chances of automobile accidents. 

Moreover, when a driver operates their vehicle at high speeds, their margin for error diminishes considerably, leaving them ill-prepared to navigate unforeseen hazards. 

Driving Under the Influence (DUI)

Although DUI is an illegal act, many drivers opt for it regardless of the restrictions. Driving under the influence significantly impairs a driver’s judgment, reaction time, and coordination, resulting in an increased likelihood of accidents.

Reckless Driving

Engaging in reckless driving entails a pattern of aggressive behaviors that not only jeopardize road safety but also endanger the lives of fellow motorists and pedestrians. This dangerous driving behavior often includes actions like tailgating, frequently darting between lanes, and violating established traffic regulations. 

Poor Weather

Bad weather, like snow, rain, ice, or fog, can make driving really dangerous. For example, when it snows, the road gets covered in snow, and your car’s tires can’t grip well. When it rains, the road becomes slippery. Ice on the road turns it into a big, icy slide, and fog makes it hard to see where you’re going. Hence, bad weather conditions are one of the leading causes of car accidents.

Running Red Lights

Ignoring traffic signals or not stopping at stop signs can have serious outcomes, including potentially catastrophic collisions involving other vehicles or unsuspecting pedestrians. Such reckless behavior on the road not only risks the safety and well-being of all road users but also runs afoul of established traffic regulations.

Drowsy Driving

It poses a significant threat on the road as fatigued drivers experience a notable decline in their cognitive abilities. Their diminished focus and slowed reaction times create a hazardous situation, rendering them highly vulnerable to accidents. 

In addition, fatigue impairs a driver’s capacity to stay alert, process information swiftly, and make split-second decisions. 

Poor Road Conditions

Potholes, bumpy roads, and badly marked lanes make driving dangerous. They can cause accidents, especially when drivers aren’t ready for them. Potholes can damage cars and make them swerve suddenly. Similarly, uneven roads can make it hard to control a vehicle. Furthermore, when lanes aren’t marked properly, it can confuse drivers and make them drift into the wrong lanes. 

Vehicle Defects

A vehicle can have internal mechanical issues, which can arise unexpectedly and are not always due to the driver’s negligence. Examples of these issues are brakes failing to function correctly or a tire suddenly bursting. Even when someone is driving cautiously, these defects can result in accidents. 

However, in cases of accidents caused by vehicle defects, the manufacturer or the party responsible for the vehicle’s maintenance may be held liable.

Tailgating

Following other vehicles too closely is a risky driving behavior that significantly decreases a driver’s reaction time. This reduced time window can be especially dangerous when faced with unexpected stops, sudden maneuvers, or unforeseen hazards on the road ahead. 

Incorrect Lane Changes

When drivers neglect to signal their intentions or don’t thoroughly check their blind spots, it increases the risk of unexpected collisions. This oversight can result in severe consequences, both in terms of vehicle damage and potential injury.

How Car Insurance Works in NYC?

Car insurance in New York works similarly to how it does in other parts of the United States, but it’s also unique due to New York’s status as a no-faultinsurance state. Moreover, living in a highly populated urban area can affect rates and coverage requirements.

Here’s a basic rundown:

No-Fault Insurance State

New York’s no-fault insurance law means your insurance policy covers your injury-related costs, irrespective of who caused the accident. However, the at-fault driver’s insurance still covers vehicle damage. This law aims to reduce unnecessary lawsuits and expedite injury payments.

Minimum Coverage

The state mandates a minimum level of liability insurance for drivers. These requirements include:

  • $25,000 for bodily injury coverage per individual.
  • $50,000 for bodily injury coverage for all individuals involved in an accident.
  • $10,000 for property damage coverage in the event of an accident. 

Moreover, it is mandatory for drivers to carry uninsured motorist coverage, which offers protection in the case of a car accident where the at fault driver is uninsured. 

Personal Injury Protection (PIP)

New York State law also requires drivers to carry PIP coverage. It covers medical expenses, lost wages, and other damages for you (the policyholder), members of your household, and your passengers, regardless of who caused the accident.

Insurance Rates

Insurance rates in NYC tend to be higher than in other parts of the state due to the high volume of traffic, greater risk of theft, and higher repair costs. Your individual insurance rate is determined by several factors, such as:

  • Your Driving Record

This is perhaps the most direct reflection of your behavior on the road. If you’ve been involved in multiple accidents or have numerous traffic violations, insurance companies will view you as a higher risk. A clean driving record, on the other hand, demonstrates responsibility and can lead to lower insurance premiums.

  • Age

Drivers under 25, especially the younger ones, are more prone to car accidents. This makes them a higher risk for insurers. As a New York car accident law firm, we’ve often come across cases where younger individuals are involved in collisions. As drivers age and gain more experience, their rates generally decrease.

  • Gender

While it can be a contentious point, insurance rate differences based on gender are rooted in statistical data. Historically, male drivers, especially younger ones, have a higher incidence rate of accidents than their female counterparts.

  • Vehicle Type

The make, model, and year of your car can significantly impact your insurance rate. Also, insurance rates are usually more expensive for high-performance or luxury cars because they cost more to fix and are more likely to be stolen. On the other hand, vehicles with top safety ratings or features might qualify for discounts.

  • Credit Score 

Some people are surprised to learn that their credit history can affect their insurance rates. Insurers use credit scores as one of the indicators to predict the likelihood of a person filing a claim. A better credit score can show you’re financially responsible, which might get you lower rates. This is a controversial practice in some areas, and not all states allow it.

  • Coverage 

New York state has minimum coverage requirements, but many drivers opt for more comprehensive policies. The more protection you seek, the higher your premium will likely be. As car accident lawyers, we always advise our clients to thoroughly evaluate their needs to ensure they’re adequately covered in case of an accident.

Proof of Insurance

As car accident attorneys, we can’t emphasize enough the importance of maintaining valid proof of insurance while operating a vehicle in NYC and throughout the state. 

Furthermore, it is mandatory to possess evidence of insurance coverage at all times, which can take the form of a physical insurance card or electronic proof accessible through a mobile device. Failing to present this documentation during a traffic stop or following an accident can lead to severe consequences, including fines and other legal penalties. 

Therefore, it is crucial for all motorists to be aware of and adhere to these insurance requirements, as they not only help protect individuals involved in accidents but also ensure compliance in case of an accident claim. 

Uninsured Drivers

Driving without insurance in New York is a serious offense that could affect your claim significantly. For instance, it may lead to the suspension of your vehicle registration and driver’s license.

Not having insurance in New York can significantly impact your car accident claim. As a car accident law firm, we’ve seen uninsured individuals struggle to recover damages as New York follows a “no-fault” insurance system. 

Furthermore, without insurance, you may be barred from seeking compensation beyond basic medical expenses, leaving you financially vulnerable and limiting your ability to cover losses from the accident.

What if the Driver Who Hit Me Does Not Have an Insurance?

If you are hit by a driver who does not have insurance, it is vital to approach the situation in a legally sound and logical manner.

First, ensure everyone is safe and call the police. It’s important to report the accident promptly. Even if the other driver doesn’t have insurance, a police report will document the details and assign fault, providing crucial evidence for your claim.

Second, gather all necessary information. This includes the other driver’s name, contact details, vehicle description, and license plate number. If there are witnesses, ask for their contact information as well. Photographs of the scene, vehicle damage, and any visible injuries can prove invaluable.

Third, report the accident to your insurance company as soon as possible. Having uninsured motorist coverage means your insurance company will cover your losses up to your policy’s limit. Uninsured motorist (UM) coverage typically includes both bodily injury and property damage.

If you do not have UM coverage, you might have to sue the at fault driver directly. However, bear in mind that if they can’t afford insurance, they may not have the assets to cover your damages.

Lastly, consider reaching out to a New York car accident lawyer. They can guide you through the legal process, protect your rights, and maximize your compensation.

Will My Car Accident Case Go to Trial?

Not all car accidents go to trial. This is primarily due to the associated costs, the time-consuming nature of trials, and the unpredictability of jury verdicts. 

Ideally, most car accident cases are resolved through settlement and negotiation between the involved parties.

Despite this, certain circumstances may lead to a car accident case going to trial, such as:

  • Dispute on Liability

If there’s a disagreement about who’s at fault after a car accident and both parties can’t agree, the case might go to court. At this point, both sides will present their respective arguments and evidence to establish who bears responsibility for the accident. 

This legal process enables a judge or jury to impartially assess the facts, analyze the circumstances surrounding the collision, and ultimately determine which party, if any, should be held accountable for the incident.

  • Insufficient Settlement Offer

If you’re in a situation where the insurance company or the person who caused your accident doesn’t offer you a fair amount of money to cover your losses, you have the option to go to trial. 

This means you can bring your case to court, present all the facts to the jury, and try to get the fair compensation you deserve.

  • Dispute on Damages

In some cases, disputes may arise about the amount and costs of damages, and this is where you’ll need the help of a car accident lawyer. These damages can encompass medical bills, lost income, and pain and suffering.

Furthermore, when such disagreements cannot be resolved through negotiation, a trial might be needed. In a trial, evidence is presented, witnesses are called, and arguments are made by your lawyer to help the court decide the right amount of compensation for the victims, ensuring they get what they deserve.

  • Permanent Disability

If you’re in a car accident with serious injuries or lasting disabilities, your case might go to trial. This happens because of the money you need to cover medical bills, ongoing treatments, lost wages, and usually a lot more.

However, representing yourself in court may cause you to risk losing your case because you’ll be fighting against the at-fault party’s attorney, who’ll try their best to prove you wrong. 

However, having a car accident injury lawyer by your side will ensure you get the right compensation to help you rebuild your life and secure your future. Often, this means going to trial to figure out who’s at fault and how much you should get.

  • Negligent Actions

If you’ve been in an accident caused by someone’s extreme negligence, like drunk driving, you might want to consider taking your case to trial. This means you’d be initiating legal action against the reckless party. However, if you’ve suffered serious injuries and the insurance company refuses to settle, you may pursue a trial to hold the negligent party accountable.

Furthermore, opting for a trial not only helps you seek compensation for your losses but also serves as a way to deter such irresponsible actions in the future. 

  • Involvement of Multiple Parties

When you’re dealing with an accident that includes multiple parties, things can get quite intricate. Determining fault and liability becomes complex, often leading to the need for a trial.

In such cases, it’s essential to hire a car accident lawyer to guide you through the details and defend your rights.

Your attorney will assist you in gathering records, filing a claim, and handling insurance adjusters. They will provide the support you need to recover your damages to get back on your feet.

How Long Does It Take To Settle a Car Accident Case?

Minor car accident cases may settle in a few months, while complex ones can take several years. Typically, insurance companies aim to resolve cases within a few months, but if a lawsuit is filed, it can extend the process. In addition, settlement negotiations, legal procedures, and court availability all contribute to the duration. To get a more precise estimate, consult with  Uptonw Injury car accident attorneys to get a free assessment of your case.

The following factors may affect the resolution timeline of your car accident case:

  • The specific details of the accident.
  • Jurisdiction in which the claim is filed.
  • Injuries you’ve sustained.
  • Type of medical treatment and duration of recovery. 
  • Strength of evidence and how it fits the legal strategy. 
  • Insurance companies involved.
  • Whether the case goes to trial.

Why Choose Uptown Injury New York Car Accident Lawyer?

At Uptown Injury, our dedicated team of car accident attorneys has the expertise you need. With 15+ years of experience helping personal injury victims, we have the expertise and knowledge to handle even the most complex cases.

Our car accident attorneys take pride in fiercely advocating for victims with a proven track record of success. Our goal is to help you navigate the legal system with ease and maximize your chances of a favorable verdict. 

Don’t settle for less. Contact our NYC car accident lawyers today at 917-540-8728 and let us be your support in this difficult time. 

Here’s how our experienced car accident lawyers can help you increase your chances of a favorable settlement/verdict:

1. Thorough Investigation

Your case’s strength depends on the evidence you have. But collecting solid evidence on your own, without the help of a lawyer, can be challenging, especially when you’re already recovering from your injuries. 

But rest assured, at Uptown Injury, our lawyers will leave no stone unturned to investigate your case. Here’s how we’ll gather every intricate detail of your car accident: 

✅ Scene Examination: We’ll revisit the accident site to gather vital details to understand the dynamics of the ccident. This also includes analyzing physical evidence such as skid marks, vehicle impact, and damage. In addition, we’ll also hire accident reconstructionists to get expert opinions to back up your claim.

✅ Witness Interviews: If there are any witnesses, our team will reach out to them individually and request comprehensive statements that could be used in expediting your case, especially if it goes to trial. 

2. Expert Negotiation

At Uptown Injury, we’ve taken the utmost care to ensure that our lawyers are not just skilled in law but also masters of negotiation. Why? Because when you entrust us with your case, we understand that you’re looking for results, not just legal jargon. 

When you’re up against insurance companies and the opposing party, you need a team that can effectively engage, communicate, and work hard for what’s right. Our lawyers don’t just communicate; they negotiate with a purpose.

Their exceptional negotiation skills ensure that every conversation, every interaction, is steered toward a fair settlement for you.

3. Aggressive Litigation

If negotiations don’t lead to a fair settlement, you’re not alone. Our skilled car accident attorneys stand ready. They have the experience and tenacity to take your case to the next level. 

Going to trial can be daunting, but rest assured your case is in good hands. We will ensure that your voice is heard and present your case with a solid argument. With us, you can be confident in the representation you receive. 

4. Medical Support

If you’ve been involved in a car accident, it’s crucial to ensure that you receive the proper medical attention and care that you deserve. At Uptown Injury, we know how much an accident can impact the victims, both physically and emotionally.

That’s why we’ve made it our mission to connect you with esteemed medical professionals in our network. By doing so, we aim to guarantee that you’re not only treated with utmost care but also that your injuries are correctly diagnosed and addressed. Furthermore, your medical records will help serve as evidence and strengthen your claim. 

5. No Fee Unless You Win

We understand that accidents can be overwhelming, both physically and financially. That’s why we are proud to operate on a contingency fee basis. Simply put, if we don’t secure a favorable outcome for your case, you won’t owe us a dime. 

This approach underscores our unwavering commitment to your cause. It means our success is intrinsically tied to yours. You can trust in our dedication, knowing that we won’t rest until we’ve fought fiercely for the justice you deserve.

Contact Us Today

If you or someone close to you has suffered injuries in a New York car accident, it’s crucial to act swiftly. This is because New York’s statute of limitations won’t wait, and neither should you. Every moment counts when it comes to securing the justice and compensation you deserve. Don’t leave your rights to chance. Connect with Uptown Injury car accident attorneys now for a complimentary, no-strings-attached consultation.

Best Car Accident Lawyer in New York

Are you or a loved one facing the daunting aftermath of a car accident in New York? The chaos that follows a collision can be overwhelming – medical bills piling up, insurance claims, and the uncertainty of your future. But fear not, because at Uptown Injury, we understand the challenges you’re going through. Our team of seasoned car accident lawyers is here to be your tireless support and ensure you don’t get exploited by insurance companies’ lowball offers. 

Car Accident Lawyer Bronx

In the Bronx and involved in a car accident? Our dedicated car accident lawyers are here to help. With a proven track record of success, Uptown Injury Bronx car accident lawyers will fight for your rights and the compensation you deserve. Contact us today at 1 917-540-8728 for a free consultation, and let us guide you through this challenging time. 

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At Uptown Injury, our car accident lawyers in Brooklyn are your trusted allies in times of need. We specialize in helping accident victims secure the justice and compensation they deserve. Our skilled legal team will thoroughly research your case, talk with insurance companies, and go to court if needed.

We’re committed to relieving the burden on your shoulders and ensuring you receive maximum compensation for your injuries. Contact Uptown Injury today at 1 917-540-8728 for a free consultation, and let us fight for your rights. 

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In the bustling streets of Manhattan, car accidents can be a jarring reality. When you find yourself in such a situation, turn to Uptown Injury, your trusted car accident law firm in Manhattan. Our experienced team specializes in guiding victims through the complexities of these unfortunate events. We’ll help you secure compensation for your medical bills, property damages, and pain and suffering. Contact us at 1 917-540-8728 to get a free case review today!

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Our lawyers specialize in fast-tracking claims and maximizing compensation for victims. We understand the intricacies of insurance processes, ensuring you get the compensation you deserve promptly. With our expertise, you can focus on recovery while we handle the legal complexities. Contact us today at 1 917-540-8728 for a free case review. 

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At Uptown Injury, our Staten Island car accident attorneys offer expert guidance through the complex claims process, investigate accidents thoroughly, establish liability, assess medical records, calculate damages, negotiate with insurers, and are prepared to litigate when necessary.

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FAQ - Car Accident Lawyer

Whether you should hire a car accident lawyer depends on how severe the accident is, the injuries sustained, and if there are potential disputes. 

If the accident led to serious injury, death, or significant damage, or if there’s disagreement about who’s at fault, consulting a car accident lawyer can be beneficial. However, for minor incidents, handling the matter through insurance might suffice.

Therefore, it is essential that you consult with a car accident lawyer to determine the applicable time limit for your claim.

Generally, a car accident lawyer in New York will work on contingency. This means there are no upfront costs for you. Instead, they take a percentage, usually around 25-40%, of any settlement or court-awarded damages received. 

 

However, actual percentages can vary based on factors such as the complexity of the case and the stage at which it resolves.

However, if there is no settlement, your attorney won’t get paid either. Also, this arrangement allows you to pursue legal action without having to pay attorney fees out of pocket.

Yes, hire a lawyer even if a car accident wasn’t your fault. They can accurately assess damages, negotiate with insurance companies, prove liability, and handle complex legal procedures. 

 

Car accident lawyers also represent your interests in court if needed. Although hiring a lawyer incurs costs, not doing so might result in lower compensation due to potential legal and procedural errors.

Your lawyer will need: your version of the accident, police reports, medical bills, accident photos, all parties’ contact and insurance info, details about lost wages, and any communication with the other party or their insurer. Always be honest and accurate in providing this information.

While it’s not always necessary to hire a lawyer for a minor car accident. You might consider it if:

  • There are injuries, however minor, involved.
  • You have suffered vehicle or property damage.
  • The liability is unclear or disputed.
  • You feel your insurance company isn’t adequately representing your interests.

Even if you initially think the accident is minor, complications can arise later. Consulting a car accident lawyer can provide clarity and help protect your rights.

In New York, you have three years after the accident. However, if you’re filing a no-fault insurance claim against a government entity, you must do so within 30 days of the accident. Once done, you’ll have an additional 90 days to take further legal action.

No, do not hastily accept the first offer from an insurance company after a car accident. This initial offer is typically low, may not cover potential unseen damages or injuries, and could be improved through negotiation. 

 

Additionally, understanding your legal rights can be complex. Always consult with a lawyer to properly assess the offer, taking into account factors like medical costs, lost wages, and suffering. Accepting an offer often prevents future claims, so it’s crucial to get it right.

In New York, if you get into a car accident, your own insurance covers your injuries no matter who caused the crash. But if your injuries are really serious, you hold the at fault driver accountable for their negligence. 

 

Moreover, if you’re partly at fault, you can still sue, but you might get less compensation. There are rules about how much insurance everyone needs to have and deadlines for when you can sue. 

 

So, if you’re in an accident, it’s a good idea to talk to a lawyer to understand your options.

The person driving under the influence (DUI) is primarily accountable for a DUI accident.  They are responsible due to their decision to drive a vehicle under the influence of alcohol or drugs.

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