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Car Accident FAQ

Car Accident FAQ

Every day in New York City, there are close to 600 car accidents, many of which involve motorcyclists, bicyclists, and pedestrians. What do these numbers look like on a yearly basis? In 2018, for example, close to 230,000 car accidents occurred across the Big Apple, with close to 30% happening in Queens, about 29% happening in Brooklyn, 20% happening in Manhattan, 16% happening in the Bronx, and almost 6% happening in Staten Island. And when a New Yorker is involved in an auto accident, it’s often the case that they have questions immediately afterward. Some of the frequently asked car accident questions are answered below.

 

Call 1-800-HURT-511 to speak with our highly skilled and experienced car accident lawyers in Queens. We’ve been representing car accident victims throughout the Five Boroughs for over a decade, and we’ll help you seek damages after a car accident.

 

Should I Take Pictures After A Car Accident ?

It’s said that a picture is worth 1,000 words, and this is certainly the case when it comes to taking post-accident pictures. Nowadays, nearly everyone has a high-powered camera on their phone, so getting photographic evidence after a crash is a lot easier. Here’s what you should get photos of:

  • The accident scene (from multiple angles & distances)
  • Vehicle damage (not just your own but damage to other drivers’ vehicles as well)
  • Visible injuries (never smile in photos that’ll be used as documentation of injuries)

Should I Seek Medical Attention After A Car Accident Even Though I Feel Fine?

Even if you feel fine after a car accident, it’s wise to seek professional medical attention. You may think you only have some minor bumps and bruises, and then weeks or months later some more significant injuries manifest that are related to the accident.

When examining a car accident victim, a doctor may find warning signs that indicate more significant injuries will present later on. In this case, the doctor would document this discovery so, should the possible injuries manifest, there’s written evidence which ties the later injuries to the car accident. If you don’t get medical attention soon after the accident occurs, you may not be able to recover damages for future medical costs.

Who Pays Damages In A Hit-And-Run?

Hit-and-run accidents are more common than people think, and thousands of them happen every year in NYC. If you get hit by another driver and they leave the scene immediately, a claim will need to be filed with your car insurance provider. If you’re involved in a hit-and-run, you don’t have to worry about your rate going up, provided it can be proved by the extent and quality of your vehicle’s damage that the driver who fled would’ve been at-fault for the accident.

What If The At-fault Driver Doesn’t Have Car Insurance?

When the at-fault party in a car accident doesn’t have car insurance, the party that didn’t cause the accident will need to seek damages from their own car insurance provider. In this situation, the insurance provider should pay for damages up to the policyholder’s coverage limit. If a driver does have car insurance but it’s not enough to cover damages, it’s here where having underinsured motorist insurance is valuable.

Is The Rear Driver Always Held Liable In Rear-End Car Accidents?

No, a rear driver is not automatically at fault in a rear-end car accident. However, many states operate on the presumption that the rear driver is liable for damages caused by the accident unless they can prove otherwise.

A driver is supposed to maintain a safe distance between themselves and the vehicle in front of them. But if a car stops to make a turn without signaling, or if a car has malfunctioning brake lights that don’t indicate it’s coming to a stop, the rear driver will probably not be held liable for damages if they hit the car in front of them.

Do I Have To Talk To Other Drivers’ Insurance Companies And Attorneys?

A party to an accident is not required to give statements to opposing parties’ insurance companies. It’s common practice for a lawyer to instruct their client to avoid communicating with opposing parties’ insurance companies, as during the course of giving a statement, you may accidentally admit fault. If you do have to make a statement, make sure your lawyer is present when you do. Also, you should consult with your lawyer before sending medical records to opposing parties’ insurance companies.

Can An Insurance Company Deny A Valid Car Accident Claim?

While it may seem unbelievable, it’s true that car insurance companies deny valid claims, often because of lacking evidence. This is one reason why getting in touch with an experienced car accident lawyer is a good move. Say, for example, you’re involved in a hit-and-run car accident in Brooklyn and your insurance provider doesn’t want to pay for damages. A car accident lawyer in Brooklyn can enlist the services of accident reconstruction experts so the scene can be recreated and liability can be accurately assigned.

Which Car Accident Injuries Are Common?

The following are common car accident injuries, car accident faq:

  • Fractures
  • Cuts and lacerations
  • Traumatic brain injury (TBI)
  • Concussion
  • Herniation
  • Dislocation
  • Neck injuries
  • Ankle & wrist sprains
  • Broken pelvis
  • Knee injuries

Where Do Car Accidents Happen Most Often?

According to the National Highway Traffic Safety Administration (NHTSA), most driving-related fatalities happen within a 25-mile radius of drivers’ homes. Non-fatal accidents, on the other hand, are likely to occur between 5 and 15 miles away from drivers’ homes. Poorly designed and hazardous roadways, intersections, highways, and parking lots are all sites where car accidents occur often.

Do Car Accident Claims Ever Go To Court?

Most car accident claims are settled out of court. Bringing a claim to trial makes the process more costly for all parties involved, and this also lengthens the process quite a bit. However, plenty of car accident claims go to trial, and when they do, it’s often a judge and jury that determine where liability for the accident lies.

Is Hiring A Car Accident Lawyer Worth It?

Hiring a car accident lawyer to represent your interests during the claim process is definitely a good move. Most accident victims need time to recover after an accident, but unfortunately time is of the essence after an accident occurs. But a car accident lawyer will take care of all the stress-inducing tasks and processes for their client, and they’ll also be able to represent their client’s interests should the case go to trial. A car accident lawyer will also know where fault lies in a case, and they’ll be able to determine an accurate total damages figure for their client.

Call us at 1-800-HURT-511 when you want to speak with our trusted and sought after NYC car accident lawyers. Whether you were injured in Brooklyn, Queens, the Bronx, or any of the other Boroughs, we can help you!

Car Accident Lawyer FAQ

Car Accident Lawyer FAQ

There are hundreds of thousands of personal injury lawyers in the U.S. these days, and many of these personal injury lawyers specialize in car accident cases. A good car accident lawyer can be a valuable asset during a car accident case, and for a variety of reasons. Still, a lot of individuals have questions about car accident cases and the lawyers that litigate them, and some of the frequently asked questions are answered here.

Call 1-800-HURT-511 if you’ve been injured in a car accident. Our car accident lawyers in Brooklyn have been representing car accident victims for years, and we’ll exhaust every option to ensure you get fairly compensated for injuries sustained from an accident.

 

What Do I Do Immediately After A Car Accident?

Seek Medical Attention: Immediately after a car accident, you should seek medical attention by calling 911. You’ll be brought to the nearest emergency room, and there a physician will look you over and treat injuries you’ve sustained. They’ll also create a record of injuries, and this will be a valuable piece of evidence when you seek damages later on.

Inform Your Insurance Provider: Contact your insurance provider and notify them of the accident. Stick to the facts and don’t answer any questions they ask. If you start answering questions without guidance from a car accident lawyer, you may accidentally admit fault, even if you’re not at fault.

Contact a Car Accident Lawyer: Call a car accident lawyer immediately. You can even do this from the hospital if you’re able to. A car accident lawyer will be able to tell you how to proceed, and they may even meet you at the hospital to discuss your options. Once you bring them on board, they’ll begin the evidence-gathering process and start reaching out to other involved parties, witnesses, involved insurance providers, etc.

What If I’m Not Injured?

Even if you don’t believe you’re seriously injured after a car accident, you should seek medical attention. A lot of accident-related injuries manifest weeks or months after an accident, but a medical professional will be able to identify injuries that haven’t presented yet and make a record of these. That way, when these injuries do present, there’s a record linking them to the earlier car accident.

Will I Need Money Up Front To Hire A Lawyer?

In the vast majority of cases, no. A car accident lawyer in Queens will cover all the fees associated with bringing a lawsuit, and they’ll also pay fees related to evidence gathering. If an award is secured for their client, they will recoup by collecting 1/3 of the damages awarded, or 33.3%. Keep in mind that there are laws, regulations, and ethics standards which govern how much a lawyer can take from awarded damages.

How Long Do I Have To File A Car Accident Lawsuit?

In New York State, most car accident victims have three years to file a lawsuit. However, if an accident victim succumbs to their injuries, their dependents/family will need to file a lawsuit on their behalf within two years. It’s best to get a car accident lawsuit filed as soon as possible, as the quality of evidence degrades over time, and you don’t want to be litigating a car accident case three years after it happened if you don’t have to.

But if you hire a car accident lawyer soon after the accident, they’ll get the process in motion for you so you have plenty of time to focus on recovering.

How Do I Pay For Medical Bills After A Car Accident?

If you’ve been saddled with medical bills from an accident, the award you receive from winning the accident case will be partly used to cover these. You may have to pay for some things out of pocket, or your health insurance provider can cover the costs. You may also have to sign a lien which obligates you to pay outstanding medical bills later on.

Should I Speak To Involved Parties’ Insurances Companies?

No, you should avoid speaking to other parties’ insurance companies. They may persuade you into admitting fault, or they may get you to admit fault unknowingly. You may also give up information that’s best kept between you and your lawyer. If you do have to talk to another party’s insurance company, make sure you do so when there’s a car accident lawyer present.

What Damages Are Recoverable After An Accident?

After a car accident, an accident victim will often seek damages for the following:

  • Medical expenses
  • Lost wages both past and future
  • Pain and suffering
  • Loss of life enjoyment

If an accident victim is killed as a result of the accident, their dependents/family may sue for damages to cover funeral costs and other expenses associated with losing a provider.

How Will A Lawyer Calculate A Damages Figure?

The total damages figure one will seek in a car accident lawsuit is based on a variety of factors. The total cost of medical care, lost wages, and other factors like pain and suffering will collectively form the total damages figure. This figure is not necessarily the amount one will receive if they win their case, as it may be raised or lowered as the process unfolds.

How Large Are Car Accident Awards Generally?

One can receive anywhere from a few thousand dollars to over $1 million as a car accident reward. The award size depends on what injuries were sustained from the accident, as well as the extent of property damage.

Do All Car Accident Cases Go To Trial?

The majority of car accident cases get settled out of court. This is because settling out of court is a lot less costly for all parties to a car accident case, and settling out of court also tends to be a much quicker option.

How Long Does A Car Accident Case Usually Take To Get Resolved?

It could take weeks, months, or years to settle a car accident claim. If the case goes to court, this will elongate the process quite significantly.

Call 1-800-HURT-511 and speak with our car accident lawyers now. We’ve secured awards for car accident victims throughout the Five Boroughs, and we’ll help you seek damages after a car accident.  Hire best car accident lawyer today!

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From Our Clients

Stephanie De La Cruz
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I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

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Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

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I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

Kevin Diaz
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