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New York City is famous for its bustling streets full of cars, commercial vehicles, and pedestrians fighting for space. So, sadly, it’s no surprise that October 2024 saw some 3,522 injury and fatal motor vehicle accidents in New York City, working out to almost 114 per day. If you are unfortunate enough to find yourself in a car crash, please know that the actions you take immediately after your accident could be critical to your long-term health and the success of your car accident claim.

Immediately after a crash, the New York Police Department (NYPD) advises you to put your car in “park” and check yourself and your passengers for injuries. If anyone involved in the accident is injured or you cannot move your car to safety, call 911 immediately. Even if everyone feels fine, it is still wise to seek immediate medical attention, as some injuries do not cause symptoms right away.

After taking care of your health, your next job is protecting your legal rights. This article will explore crucial steps that could give you a better chance of securing compensation that could get your life back on track.

Get Everyone to Safety

Getting hurt in a car accident is bad enough, but getting involved in a secondary collision would be even worse. So, if possible, move your vehicle to a place of safety, such as the shoulder or rightmost side of the road, and turn your hazard lights on.

If you cannot move your vehicle, get yourself and your passengers to a safe place nearby. However, never attempt to move a seriously injured person.

Moving someone with catastrophic injuries could make the following conditions worse, possibly leading to paralysis or death:

• Spinal fractures

• Neck injuries

• Traumatic brain injuries (TBIs)

• Herniated discs

Instead, call 911 and wait for emergency medical personnel to render first aid and advise on the right medical treatment.

Seek Immediate Medical Attention

Everyone should get checked out after an accident, even if you think you were not injured. Medical professionals are trained to spot the signs of internal bleeding, fractures, and head injuries, which may not cause immediate symptoms.

There are also important legal reasons to seek immediate medical care. To build a strong case for compensation, a car accident lawyer must prove that your injuries were caused by your car accident. If you do not get yourself checked out immediately, the at-fault driver’s insurance company may claim that your injuries were not caused by your accident at all and try to deny or lessen your coverage.

Instead of running this risk, create a clear link between your injuries and your car crash by seeing a doctor immediately. The report he or she creates could be crucial evidence that helps you secure the compensation you need.

The medical report may also include recommendations for further medical treatment. By following through on this advice, you demonstrate that you have done everything in your power to minimize the impact of your injuries and seek a full recovery, which may strengthen your case.

Call the NYPD

After a New York City vehicle collision, you must immediately call the police if any of the following occurred:

• Injury or death of any person

• Injury or death of any domestic animal

• Damage to a parked car or other property, and you cannot locate the owner

If injuries, fatalities, or property damage worth more than $1,000 occurred, you must file an MV-104 (Report of Motor Vehicle Accident) within a limited amount of time. Failure to do this could result in a suspension of your driving privileges.

What the police do at the accident scene

Once they arrive, police officers will take control of the accident scene. The police are likely to take statements from everyone involved in the car accident. Answer the officer’s questions truthfully and fully, sticking to the facts. The officer will create a police report that could form a key part of your personal injury case.

Property-damage-only car crashes

If your car crash only involved property damage, you are not required to report it to the police department in New York City. However, to protect your legal rights and satisfy insurance company requirements, you must complete the Report of a Motor Vehicle Accident and file it with the Department of Motor Vehicles.

Exchange Information

According to the New York State Vehicle and Traffic Law, it is illegal to leave the scene of a car accident without exchanging information with the other involved motorists.

Be sure to get the following information:

• Full names, addresses, and contact information of drivers involved and eyewitnesses

• Driver’s license information

• Owner’s details, if not the driver

• Insurance information, including the policy number

• Vehicle license plate number, make, and model

Tensions can run high after a New York car accident. Under no circumstances should you get involved in a discussion with the other motorists about who was at fault. New York is a no-fault state for car accidents. This means that, if you sustain injuries in a car accident, you must first file a claim with your own insurance company – regardless of who was at fault.

Depending on the circumstances of your vehicle collision, it may be possible to file a personal injury lawsuit and claim damages for your injuries. However, leave discussions of fault to your personal injury lawyer, who can build a case for compensation and handle all negotiations on your behalf.

Document the Accident Scene

If you feel well enough to do so, it could strengthen your case to gather evidence from the accident scene.

Potential evidence could include:

• Property damage: Take photos of your car from multiple angles to show the damage it has sustained. Remember to photograph the interior and any other property damaged in the accident, such as personal items.

• Damage to other vehicles: Photograph the damage sustained to any other vehicle involved to build a complete picture of the scene.

• Accident scene: Take a few steps back and try to photograph or video the entire scene. Capture skid marks, traffic lights, signs, and other evidence on the road. Also, the traffic conditions should be captured to show what may have contributed to the car crash.

• Injuries: Take photographs of your injuries as soon as possible after the accident.

Depending on the circumstances of your case, a personal injury attorney may be able to use the evidence you gather at the scene to build a case for fair compensation.

Contact Your Insurance Company

In New York, if you were injured in a motor vehicle crash, you have a limited period of time to file a written notice of claim with your insurance company. Your insurance company will normally send you a copy of the MV-104 report, which you must send to the DMV, along with your insurance claim form.

Your insurance company will respond with an Application for Benefits and a letter outlining your rights and obligations under your policy. You can use this form to claim compensation for medical bills and reimbursement for lost wages.

Limits on no-fault insurance coverage

No-fault insurance provides basic coverage for economic losses. If your losses exceed a certain amount, you may be able to apply for Additional No-Fault (Additional PIP) benefits, which is optional coverage, or make a claim on your standard health insurance.

If you sustained a serious injury, as defined by Section 5102(d) of the New York Insurance law, you may be able to sue the at-fault driver for damages beyond the limits of your no-fault insurance coverage.

Cautions with insurance companies

New York’s no-fault insurance laws may give the impression that your insurance company will take care of you after a car accident, no matter who was at fault. However, all insurance companies look out primarily for their own interests, not yours. Be careful about what you say to them and never let the insurance adjuster convince you that he or she is your friend.

Do not try to navigate New York’s no-fault insurance laws alone, especially if you sustained a serious injury. Instead, talk to an experienced New York City personal injury attorney as soon as possible after your vehicle collision. A lawyer can explain your legal rights and avenues that may be open to you for compensation.

Contact a New York City Car Accident Attorney

If your New York City motor vehicle crash resulted in severe injuries or death, the stakes are too high to go it alone. You need to talk to an experienced car accident attorney to get a clear understanding of your legal rights.

We understand that contacting a personal injury lawyer after a car accident could be overwhelming. You may worry about how you can afford to hire an attorney.

However, while there are no guarantees in personal injury cases, working with an experienced New York City car accident lawyer could give you a better chance of securing fair compensation. After all, hiring one may be easier than you think.

Free consultation and no fees upfront

Most personal injury lawyers offer a free consultation. A compassionate attorney will listen to your story and explain the legal action you may be able to take. There is no pressure to hire a lawyer, and you can walk away at this point with nothing to pay.

If a personal injury lawyer believes your case has a strong chance of success and agrees to take it on, he or she will usually work on a contingency fee basis. You will only pay a fixed percentage fee if your attorney wins your case.

On the other hand, if your case is unsuccessful, you will have nothing to pay. These terms allow you to pursue compensation for your severe injuries with more confidence, free of risk.

What personal injury lawyers can do for you

When you hire a personal injury lawyer immediately after a motor vehicle collision, you hand over all the stress and hard work to your attorney.

Your lawyer can do the following on your behalf and more:

• Investigate your case

• Collect evidence and build a strong case for liability

• Calculate the full extent of your losses, including medical bills, lost wages, property damage, pain and suffering, and other non-economic losses

• Negotiate with insurance companies to pursue fair compensation

• Fight your case in court if negotiations are unsuccessful

Trust Hill & Moin With Your NYC Car Accident Case

At Hill & Moin, we understand how distressing a New York City car accident can be. To make matters worse, insurance company bullies may try to pressure you into accepting a lowball settlement that does not cover your actual needs. Now is the time to secure your future, not simply hope for the best from an insurance company.

As lawyers with years of experience fighting New York City car accident cases, we fight tenaciously in pursuit of maximum settlements for our clients. We have secured many six- and seven-figure settlements for motor vehicle accident victims. For us, your case is personal. That is why our clients feel like we are their lawyers in the family.

Now is the time to explore your legal rights with Hill & Moin LLP. Call us at (212) 668-6000 to discuss your case with an experienced New York City car accident attorney. Alternatively, fill out our contact form, and we will call you back very soon to discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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It was a typical summer day in Brooklyn, when L. Ayala tripped and fell on a hazardous, defective sidewalk. When L. Ayala fell she knew she was in excruciating pain and waited for EMS to arrive and rush her away to the hospital where it was found she had sustained injuries to her shoulder, knee and wrist. L. Stuck wearing a sling and still in pain, L. Ayala’s son knew just who to call to help represent his mother after her accident, the attorneys at Hill & Moin, LLP.

During the initial consultation the attorneys explained to L. Ayala the legal steps that are taken during a personal injury lawsuit and began working on L. Ayala’s case promptly. Throughout her experience with Hill & Moin, L. Ayala appreciated how the attorneys and staff kept her up to date with any new updates regarding her case every step of the way. The case was resolved, and L. Ayala received compensation in the amount of $300,000.

Elated by the news that her case had settled, L. Ayala thanked the attorneys for all their hard work. When asked how she found her overall experience L. Ayala praised the office for how great everything and everyone was and gave her overall experience a 5 star review.

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Slip and fall accidents are among the most common personal injury claims in New York City, often caused by hazards like slippery floors, icy pavements, or a lack of public lighting. But not every slip and fall incident leads to a successful legal claim. If you’re wondering, “What makes a slip and fall case valid in NYC?,” this guide will explain the critical elements of a valid premises liability claim and the steps you can take to ensure your case is strong.

Elements of a Valid Case in NYC

To establish a valid premises liability claim in NYC, several factors must be proven:

1. Duty of Care
   Under New York law, property owners have a legal responsibility to maintain their premises in a reasonably safe condition. This includes fixing hazards like wet floors and posting signs for any temporary dangers.
2. Breach of Duty
   A slip and fall case hinges on proving that the property owner’s negligence directly caused the hazardous condition. For example, if the owner ignored maintenance records indicating unsafe conditions, they may be held liable.
3. Causation
   The fall must be directly caused by the hazardous condition. Whether it’s wet sidewalks or inadequate lighting, the injured party must demonstrate a clear link between the fall and the property owner’s failure to address the issue.
4. Damages
   A slip and fall lawsuit requires evidence of damages, such as medical bills, lost wages, or emotional problems. Documentation like medical records and photographs of injuries can help establish the severity of the harm suffered.

Common Causes of Slip and Fall Accidents in NYC

New York slip and fall incidents can result from a variety of hazardous conditions, including:

• Slippery Floors: Unmarked spills or recently mopped surfaces without proper signage.
• Icy Sidewalks: Failure to remove snow and ice in a timely manner, as required by NYC regulations.
• Uneven Pavement: Cracks or elevation changes that create tripping hazards.
• Poor Lighting: Dimly lit areas that make it difficult to spot hazards.
• Unsafe Conditions: Obstacles in walkways or cluttered staircases.

Each of these scenarios can form the basis for a slip and fall claim, provided sufficient evidence supports the property owner’s negligence.

Key Evidence in Slip and Fall Cases

Building a strong slip and fall case requires compelling evidence that demonstrates the property owner’s failure to maintain safe conditions. Key evidence includes:

1. Photographs of the Hazard
   Visual documentation of the fall accident scene, such as wet floors, icy sidewalks, or debris, can provide undeniable proof of negligence.
2. Witness Testimony
   Statements from witnesses who observed the fall accident or the hazardous condition can strengthen your case.
3. Medical Documents
   Detailed documentation of your injuries, including treatment for serious pain or chronic pain, supports your claim for damages.
4. Maintenance Documents
   If available, these records can show whether the property owner neglected their duty to address known hazards.

Common Defenses in Slip and Fall Lawsuits

Property owners and their insurance companies often try to dispute slip and fall lawsuits by using common defenses, including:

• Comparative Negligence: Arguing that the injured person’s own negligence contributed to the accident, such as failing to notice warning signs or ignoring visible hazards.
• No Prior Knowledge: Claiming they were unaware of the unsafe condition, which is why prompt reporting of hazards is crucial.
• Trespassing: If the injured party was not legally permitted to be on the property, the responsible party may not be held liable.

An experienced attorney can counter these defenses and help you recover the fair compensation you deserve.

Understanding Premises Liability in NYC

Under New York slip and fall laws, premises liability establishes the property owner’s negligence as the central issue. NYC property owners are required to comply with liability laws that ensure public and private spaces are safe for visitors. Failing to uphold this responsibility can lead to slip and fall lawsuits.

A successful premises liability claim often hinges on proving that the property owner had prior knowledge of the hazard. For instance, if a store owner ignored wet floor warnings or failed to fix a damaged staircase despite complaints, they could be held liable.

Compensation in Slip and Fall Cases

Victims of slip and fall accidents may be entitled to compensation for:

• Medical Expenses: Hospital bills, surgery, or physical therapy related to serious injuries like broken bones.
• Lost Wages: Reimbursement for time missed from work due to injuries.
• Emotional Distress: Compensation for pain, suffering, and mental anguish caused by the accident.

To ensure a fair settlement, work with experienced slip and fall lawyers who can negotiate with the insurance company on your behalf.

Why Choose Hill & Moin for Your Case?

At Hill & Moin in NYC, we specialize in premises liability and have a proven track record of handling fall cases. Our team understands slip and fall cases and will fight tirelessly to ensure you receive the justice and compensation you deserve.

When you choose Hill & Moin, you gain access to:

• Personalized legal strategies tailored to your case.
• Experienced attorneys who know NYC’s fall laws inside and out.
• A dedicated team ready to handle every aspect of your slip and fall lawsuit, from gathering evidence to negotiating your setlement.

We offer a free consultation to discuss the details of your case and provide clear guidance on the next steps.

Steps to Take After a Slip and Fall Accident

If you’ve been involved in a slip and fall accident, follow these steps to protect your rights:

1. Seek Medical Care: Document your injuries with a healthcare provider.
2. Report the Incident: Notify the property owner or manager immediately.
3. Document the Scene: Take photos and gather evidence of the hazard.
4. Contact Our Lawyers: Schedule a consultation with an experienced attorney to discuss your options.

Protect Your Rights

A valid slip and fall case in NYC is a combination of clear evidence, a proven link to the property owner’s negligence, and an experienced legal team advocating on your behalf. If you’ve suffered injuries in a fall accident, Hill & Moin is here to help you navigate the complexities of New York slip and fall laws and secure the compensation you deserve. Contact us today for a free consultation and let us help you on your path to recovery.

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It was a routine afternoon for Tenisha Desire, a nurse in New York, as she went into a physician’s office to perform her standard work duties. Suddenly, a motor vehicle struck the office, injuring Ms. Desire, the type of accident one would see on the news or social media. Various parts of her body were injured. As a result, Tenisha began searching for attorneys with expertise in personal injury law on Google to ensure she received the best legal representation. Hill and Moin’s presence was prominent.

Tenisha met with the attorneys at Hill & Moin and later reflected that retaining the firm was one of the best decisions she ever made. She rated the firm 5/5 for providing exemplary legal services. The highlight of her experience was communicating with Ms. Amelia Ortiz: a long-term paralegal with the firm known for her gracious hospitality and wonderful personality, a testament to the workplace qualities Hill & Moin instills among its employees.

The incredible work by the Hill & Moin attorneys landed Desire a settlement amount of $125,000. When asked about her next steps, she enthusiastically responded that she hopes to return to work after being unable to do so for two years. Tenisha Desire’s determined attitude is a firm reminder of the deep work ethic possessed by New Yorkers. When questioned about any future plans for her settlement funds, Desire immediately noted that savings and education were her primary goals.

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As she was on her way home, a Williamsburg resident tripped and fell on a defective sidewalk. Immediately in pain, emergency medical services were thankfully called and she was promptly seen by doctors who diagnosed her with injuries pertaining to her right arm. Advised by those closest to her she reached out to the Hill & Moin, LLP team to find some help to remedy this awful accident.

Immediately the attorneys at Hill & Moin began working on the client’s case and provided her with feedback on a regular basis that helped keep her in the loop with the progression of her lawsuit. In the client’s own words, the staff was “wonderful, courteous and explained everything” while her case was in process. At the end of her case, the attorneys obtained a $500,000 settlement for our Brooklyn client.

Feeling optimistic about her future now that she has received her settlement, the client hopes to be able to buy a new home for herself and her family. Proving that there is a bright side even in the most unfortunate of accidents.

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Unfortunately, due to the high volume of traffic and road congestion, car accidents in New York City are an all-too-common occurrence. In 2023, there were over 51,000 traffic accident-related injuries in NYC.

Whether it was a minor fender-bender or a serious car accident, dealing with the aftermath of your collision is no doubt stressful. In theory, auto insurance is meant to protect you after an accident, compensating you for your injuries and losses. However, in practice, insurance companies often prioritize their bottom line over providing fair compensation.

In this article, we will discuss insurance companies’ tactics to devalue car accident claims and how a personal injury lawyer can help ensure you receive the full compensation you deserve.

How New York’s No-Fault Insurance Laws Affect Your Car Accident Claim

New York is a no-fault state. This means that if you are involved in a car accident, your own insurance policy is responsible for covering certain costs, regardless of who caused the crash. This includes financial compensation for medical expenses, lost wages, property damage, and other out-of-pocket expenses.

However, your own policy may not cover all of your financial losses after a car accident. Medical coverage usually caps out around $50,000, which may not be enough if you have been severely injured. Furthermore, your no-fault insurance personal injury protection plan does not cover pain and suffering, emotional distress, or other non-economic damages – which can be significant in more serious car accident cases.

Understanding when and how to step outside of the no-fault system to file a personal injury lawsuit can be difficult. A car accident attorney can help you explore your compensation options and ensure that you take the right legal steps.

Beware of Common Insurance Company Tactics

It is important to remember that insurance companies are profit-driven businesses that are not looking out for your best interests. Their goal is to settle for as little money as possible, and they often use various tactics to achieve this – even if it comes at the expense of the accident victim’s rightful compensation.

Consider some common strategies insurance companies use to reduce or deny car accident claims:

• Quick settlement offers: The insurance adjuster may be quick to offer you a settlement shortly following the accident, while you are still recovering and unsure of the long-term impact of your injuries. These offers may not even be enough to cover your future medical bills or lost income.
• Delaying the claims process: The insurance company may intentionally drag its feet in processing your claim. They may request excessive documentation or find other ways to avoid paying your claim, hoping you’ll accept a lower offer out of frustration.
• Denial of car accident claims: The insurance company may deny your claim outright by asserting that the accident was your fault, that your injuries were pre-existing, or that they are not covered by your policy.

Since insurers do not always act in good faith, please know that trying to handle insurance negotiations without an NYC personal injury attorney can put you at a severe disadvantage. You may be left under-compensated for your injuries and financial losses.

Avoid Common Mistakes When Pursuing a NYC Car Accident Insurance Claim

It is important to avoid certain common mistakes when dealing with the insurance company after a car crash. In fact, you can maximize your chances of receiving fair compensation by:

• Delaying reporting the accident: Don’t wait too long to report the accident to the insurance company. Most insurance companies require that any car accident be reported in a timely manner, and failure to do so could lead to a denial of your claim.
• Failing to seek medical attention: If you delay getting medical help after an accident, the insurance company could argue that your injuries weren’t serious or that they were caused by something other than the collision. Be sure to get a medical evaluation as soon as possible and follow through with any recommended treatments.
• Providing inaccurate information: When speaking to the insurance company, provide clear and accurate details about the time, date, location, and the parties involved in the accident. Avoid exaggerating or downplaying any facts. Inconsistencies could hurt your credibility and negatively impact your claim.
• Admitting fault: Emotions may run high after a motor vehicle accident, and you could be tempted to apologize or accept blame. Even if you believe you were partially at fault, do not accept liability when speaking with the insurer. Any statements you make admitting fault could reduce your chances of receiving compensation.
• Providing a recorded statement: Giving a recorded statement without consulting a lawyer is not a good idea. The adjuster may ask questions designed to elicit responses that could weaken your claim. It is wise to decline given a recorded statement until you have spoken with a lawyer.
• Signing a release too soon: If the insurer sends you a release of claims or a settlement agreement, refrain from signing until you have reviewed it with your lawyer. Signing before you know the full scope of your injuries could leave you without the money you need to cover your medical treatments and other expenses.
• Handling the claim without legal representation: Some accident victims try to handle the insurance claim process on their own, thinking they will save money by not hiring a lawyer. Insurance companies have teams of adjusters and attorneys working for them, and navigating the claims process without legal help can put you at a disadvantage. An attorney from a personal injury law firm can negotiate on your behalf and make sure you recover full compensation for your losses.

Why Hire a New York City Car Accident Lawyer

Dealing with the insurance company will likely be one of the most challenging aspects of your New York City car accident claim. Consider some ways a personal injury attorney can help you get a fair settlement following a motor vehicle accident.

Negotiating with the insurer

Insurance adjusters are trained to offer the lowest possible settlement in hopes that the accident victim will accept it without question. When you don’t have a lawyer by your side, the insurance company may assume that you are unaware of the full value of your claim and try to pressure you into accepting a fast and low settlement.

Experienced personal injury attorneys are skilled negotiators who know how to challenge unfair settlement offers. Your lawyer will negotiate aggressively on your behalf to ensure that you receive money to cover all of your damages.

Gathering evidence

The insurance company may challenge the severity of your injuries or dispute liability for the motor vehicle accident. To counter this, you will need strong evidence to support your claim.

Car accident lawyers know how to gather evidence necessary to support your claim:

• Medical records: Your attorney will gather all of your medical documentation, including hospital records, doctor’s notes, and treatment plans, to demonstrate the full extent of your injuries
• Police report: Personal injury attorneys will review the official police report and use it to support your claim
• Witness statements: Your attorney will contact any witnesses who saw the accident or its aftermath; their statements may be able to corroborate your version of events
• Video footage: Lawyers will try to collect video documentation recorded at the crash scene, as well as footage from dashcams, traffic cameras, and video surveillance cameras
• Expert testimony: Personal injury attorneys will, at times, consult experts in various fields, such as medical professionals, accident reconstruction specialists, and economists, to provide testimony that strengthens your case

By compiling this evidence, your attorney will build a solid case that forces the insurance company to take your claim seriously.

Communicate with the insurer

Another benefit of hiring an accident attorney is that he or she will handle all communication with the insurance company on your behalf.

Adjusters are trained to ask leading questions and look for ways to minimize your claim. If you speak to them directly, you might inadvertently say something that could be used against you later.

Personal injury lawyers understand these tactics and know how to communicate effectively with insurance companies to avoid common pitfalls. Your lawyer will ensure that the insurance company only receives the information necessary to process your claim – preventing the insurance adjuster from twisting your words to reduce the payout.

Litigate in court

While many auto accident claims are settled out of court, there are situations where the insurance company refuses to offer a fair settlement. If negotiations are unsuccessful, your lawyer will be prepared to file a civil lawsuit and present your auto accident case in court.

Insurance companies tend to be more willing to offer a fair settlement when they know that the accident victim is represented by a lawyer who is not afraid to litigate.

If your case goes to trial, your lawyer will represent you in court, present evidence, cross-examine witnesses, and fight for the maximum compensation you deserve.

Choosing the Right Lawyer to Handle Your NYC Car Accident Case

If you have been involved in a motor vehicle accident in New York City, choosing the right law firm and attorney to represent you can significantly impact the outcome of your case. Filing an insurance claim and navigating the legal system can be challenging.

Here are some tips to ensure you select the best car accident lawyer to handle your case:

• Experience in your case type: Many personal injury lawyers are skilled in handling a variety of case types such as car accidents, medical malpractice, liability for defective products, and slip-and-falls. You want to choose a lawyer who has successfully handled cases similar to yours.
• Solid reputation: Online reviews, client testimonials, and professional recognition can give you insight into how a lawyer is viewed. Look for attorneys who are respected by their peers, former clients, and the legal community.
• Good communication skills: During your initial free consultation, evaluate how well the lawyer listens to your concerns and answers your questions. A lawyer who takes the time to explain your legal options, timelines, and potential outcomes demonstrates that he or she is dedicated to your case.
• Evaluate the attorney’s resources: A well-established law firm with access to expert witnesses, medical professionals, accident reconstructionists, and other resources can strengthen your case. Make sure to choose an attorney who has the tools and legal team needed to manage your case thoroughly, from start to finish.
• Trust your instincts: Does something feel off during your initial consultation? If so, keep looking. You need a lawyer you feel comfortable and confident in. The person you choose to represent you should be someone you can trust to fight for your best interests throughout the process.

Contact Hill & Moin for Help Dealing With Insurance Companies

Dealing with insurance companies after a car accident in New York City is no easy task. Our legal team can handle your case from start to finish, offering support and legal guidance. While a personal injury lawyer handles every aspect of filing your claim and securing compensation for your losses, you can focus on your recovery.

At Hill & Moin LLC, we take car accident cases on a contingency fee basis. You do not pay any upfront costs or fees, and we only get paid if your case is successful and you receive a settlement or reward.

If you have been injured in a car accident in New York City, NY, don’t leave your financial future in the hands of insurance companies. Contact our law firm today to ensure you get the help you need during this challenging time.

With our law firm on your side, it’s like having “a lawyer in the family,” as clients have told us. Call (212) 668-6000 to schedule a free case review and discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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On a mid-November day in Williamsburg after visiting friends at their home, a Brooklyn grandmother slipped and fell down building steps, injuring her back and foot. A bystander who saw the incident immediately called emergency medical services and the Brooklyn grandmother was rushed off to the hospital. After her injuries were assessed and treated, the Brooklyn grandmother began exploring her legal options to help remedy the trauma and pain she sustained after her fall. That’s when the Hill & Moin team stepped in.

Once the Hill & Moin attorneys met with the Brooklyn grandmother they extensively explained her case to her and provided her with round-the-clock feedback to any questions she may have had regarding her case. Through our attorneys’ hard work and dedication, she was awarded over $200,000 in settlement.

When reflecting on her experience with the Hill & Moin team, the Brooklyn grandmother rated her time as excellent and overall, a great experience in spite of such an unfortunate accident. After receiving her settlement check, the client advised us that she would like to use the money she received for philanthropy purposes and donations to her community.

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Personal injury claims are a ray of hope for New York accident victims. A successful personal injury claim can free you from suffocating medical bills, lost wages, and costly vehicle repairs. What should you do if your claim is denied by the insurance company?

A rejected insurance claim can feel shockingly unfair. You might feel like giving up, especially while recovering from serious injuries and psychological pain. Yet, a claim denial does not mean you cannot eventually collect damages for your personal injury claim.

At Hill & Moin, our compassionate lawyers understand the urgency of getting the compensation you deserve as soon as possible. Our experienced legal team can inform you of your options and help dispute unjust insurance company practices. We are ready to protect your rights with the same care as if you were a member of our family.

Obtain your free, no-obligation case review. Our lawyers look forward to exploring personalized solutions to your legal problems. Contact a representative today at (212) 668-6000 to schedule an appointment.

Investigate Why an Insurance Company Denies Claims

Denied claims often blindside accident victims expecting fair compensation for losses. The first question in your mind after a denial is likely: Why? Your next concern might be what to do next.

According to PBS News, claims denials are increasing. Insurance companies deny applications for legitimate reasons, but some rejections “seem arbitrary and absurd.” The following sections discuss why an insurance company might deny your claim.

Insurance claim maximums

Insurance policies dictate the maximum amount an insurer will pay for any claim. If losses exceed these limits, the insurance company may deny a claim or offer a settlement. A personal injury lawyer can help you maximize the compensation for an injury by identifying qualifying expenses.

Missed deadlines

Many states have statutes of limitations that dictate the maximum amount of time you have to file a legal claim. These statutes vary by state, but they are generally just a few years from the date of the accident. You must follow the deadlines to avoid being barred from pursuing your lawsuit in court or appealing a denied claim.

Insurance companies also set strict internal deadlines for filing and submitting documentation. Insurers can deny even valid claims if they are late. At Hill & Moin, our satisfied clients appreciate how our legal team meticulously handles deadlines, ensuring important paperwork is completed on time.

Disputed liability

The importance of accountability varies according to the type of insurance coverage. The insurance company should provide coverage for a no-fault insurance policy if you pay premiums. So a no-fault insurer should never deny a claim based on who caused the accident.

You qualify to file a no-fault claim if you bought personal injury protection (PIP) or another policy with no-fault benefits. For other types of coverage, policy exclusions can bar you from collecting damages. Often, the difference between being paid or rejected depends on who is liable and what percentage of fault he or she carries.

Insurers might reject cases if they suspect the policyholder shares more than a certain percentage of fault. Some disputes are resolved when a personal injury attorney presents evidence and documentation to identify the other party as liable. In other cases, negotiations result in better settlements even if the client is partially at fault.

Pre-existing medical conditions

An insurance adjuster sometimes scrutinizes medical history, looking for pre-existing conditions. He or she may allege that some previous accident, injury, or healthcare condition caused your current situation. You should consider enlisting the help of a personal injury attorney to ensure your accident-related medical treatment is covered as it should be.

Insufficient evidence

An insurer can deny your claim if you don’t provide enough evidence. Contacting a personal injury lawyer before you file is a good way to avoid problems before they start.

Even after a denial, a lawyer can help you build a strong appeal by collecting additional documentation, such as:

• Photographs
• Videos
• Witness statements
• Forensic analysis
• Testimony from accident reconstructionists, doctors, and other professionals

You can bolster your chances of approval by sharing relevant documentation with your personal injury lawyer and clearly communicating the extent of your losses.

Inconsistent statements

Discrepancies in your statements or between your claim and other evidence are common grounds for claims denial. Conflicting information can raise red flags regarding the credibility of your claim. Minor errors, like missing forms and miscalculations, could cause significant problems.

Taking the time to carefully review all documentation and ensure accuracy can significantly enhance your chances of a successful claim. It is best to leave communication with insurers up to your experienced legal team to avoid unintentional mistakes. Yet, sometimes even a perfectly submitted claim might be rejected unexpectedly.

Impersonal computer algorithms

Some insurance companies use computers to process claims and appeals, sometimes leading to automated denials. While these systems aim to streamline the process, algorithms may not consider the nuances of individual cases. Lawyers who understand insurance technology can build specific language into your claim and avoid terms that could trigger a negative outcome.

Inexperienced claims adjusters

Claims adjusters play a pivotal role in determining the outcome of a claim. Inexperienced or untrained insurance adjusters may lack the skills necessary to evaluate complex cases. If you suspect your claim has been mishandled, seeking a second opinion or escalating the matter may be necessary to ensure fair treatment.

Denying claims can keep profits high for insurers. However, a rejected claim does not have to end your journey to a fair settlement. An experienced personal injury lawyer can review your denial letter and help you take legal action to fight for your due compensation.

Respond Appropriately After a Coverage Denial

Insurance claims can be tedious, with confusing terms and conditions along with a mountain of paperwork to submit. When insurance companies deny claims, accident victims can find the appeals process even more complex. Thankfully, you don’t have to handle insurance claim denials alone.

Consult a personal injury lawyer for effective guidance

Sometimes, insurance companies wrongfully deny claims. But how would the average person know whether or not their injury claim is valid? The lawyers of Hill & Moin invite you to schedule a free consultation.

During your appointment, you can ask the members of our New York law firm questions about your denied personal injury claim. After you learn what options are available, you can decide whether you would like the help of insurance law professionals to mount an appeal.

Competent personal injury lawyers offer valuable services, including:

• Contacting the workers’ comp board for work-related injury cases
• Explaining the written explanation of your denial provided by the insurance company
• Gathering evidence to support your appeal (e.g., medical records, detailed information about your treatment and recovery, indications of bad faith insurance practices)
• Researching similar cases to establish precedents of compensation and punitive damages
• Reviewing the fine print of your insurance policy for untapped benefits
• Writing a dispute letter to the insurer clearly stating the source of the problem and the requested solution

If lawyers discover that the insurance company made an error or acted unethically, they can take legal steps like those described below.

Combat bad faith insurance practices

Bad faith is when an insurance company fails to fulfill its obligations to policyholders.

Examples of cause for a bad faith claim could include:

• Denying claims without a proper investigation
• Refusing to pay claims without justification
• Failing to explain the reasons behind a denial
• Intentionally delaying approved payments

Recognizing bad faith can help protect your rights. Look for patterns of unjustified delays or repeated requests for unnecessary information. Not providing clear reasons for denying a claim could indicate bad faith on the part of the insurer.

If you suspect bad faith practices, take action to address the situation – document all communications with your insurance company, including dates and details of conversations. Your legal representative can help you file a complaint with your state’s insurance department if the insurance company is in violation of insurance laws.

A personal injury lawyer can support victims of bad-faith insurance practices. He or she can help gather evidence, negotiate with insurers, and pursue necessary legal action. Seeking compensation for bad faith practices can hold insurers accountable and ensure you receive the benefits you deserve.

Weigh your options

When an insurer denies a claim, you have options. Each choice takes a different approach to resolving the issue.

Which method is suitable for you depends on your unique circumstances, but here are some alternatives to consider:

• Mediation: A neutral third party helps both sides reach an agreement without going to court
• Arbitration: A more formal process where an arbitrator makes a binding decision after hearing both sides
• Internal appeal: The victim requests the insurance company to conduct a review of the denial, providing additional evidence or information as needed
• External review: An independent third-party organization reviews the case and makes a binding decision on whether the claim should be paid
• Lawsuits: Often as a last resort, the victim sues the insurer for breach of contract

Exploring these options can empower victims to fight back against a claim denial. Your lawyer can help you find the strategy that is in your best interest. Whatever you decide, there are actions you can take that can contribute to a favorable resolution.

Build a Personalized Strategy With Experienced Help

Many accident victims find it impossible to pay for the medical bills associated with a hospital stay or extensive rehabilitation without insurance coverage. The entire process of filing a claim seems exhausting, but the prospect of a settlement offer gives them hope. However, their faith in their policy is destroyed when the insurance company denies their claim.

Assuming that an insurance company will act in good faith is a common mistake. Personal injury lawyers know all too well their tactics to deny coverage and save on compensation. If you give up when an insurance company refuses to pay, it could mean a lot of profit they can keep for themselves.

Our New York law firm is ready to protect your legal rights if an insurer fails its duty. Sometimes a simple review of your insurance company and stern negotiations with insurance companies can produce great results. In other cases, a lawsuit is the best tool to motivate the insurance company to pay what it owes.

Winning a lawsuit does not occur by chance. An experienced personal injury lawyer must know current laws and use intelligent strategies to get the most from an insurance policy. However, solutions are not universally effective. What works for one injury claim might not work for another case. 

At Hill & Moin, our Personal Injury Recovery SolutionsⓇ can help you discover why your claim was denied and what you can do about it. Call us at (212) 668-6000 to schedule your no-obligation consultation today.

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Despite the many cars on the road in New York City, few people leave home with the thought of being involved in a car crash. However, just this year alone, through August there have been nearly 7,500 car accidents in the city, according to NYPD citywide stats.

Car accidents can range from fender-benders to major crashes, leaving victims with minor or serious injuries. Anyone who has suffered any type of injury would naturally think of pursuing the at-fault party for compensation for damages. However, the State of New York has a law that has a direct bearing on whether car accident victims can sue a negligent driver for compensation.

New York State’s Serious Injury Law Threshold

New York follows a no-fault law. This means that, since drivers are required to carry no-fault insurance, car accident victims are entitled to receive compensation for medical bills and lost wages from their own insurers at up to $50,000 – regardless of who was responsible for the car accident. This is considered basic economic loss.

There are a few exceptions to this rule, such as if the victim was intoxicated or engaged in another type of crime while driving.

In cases where injuries and damages exceed the lower limits of no fault, the victim may have a legal right to pursue compensation from the responsible party. However, this law does not include any type of injury. So even though a person may suffer a serious injury from a car accident, he or she can sue the negligent party only if the serious injury threshold has been met, meaning the injury falls under the specific types mentioned in the statute.

Types of Serious Injuries

New York insurance law (section 5102(d)) outlines which types of injuries would satisfy the serious injury threshold.

The following injuries are specifically mentioned in the statute:

• Death: When someone’s negligence results in the death of another, this constitutes wrongful death. The family of the victim has the legal right to file a wrongful death claim to pursue compensation for the financial and emotional damages that result from the loss of their loved one.

• Dismemberment: The loss of a limb is not an injury that may heal with time. The injured person would have to go through the process of learning how to adjust to doing tasks with fewer extremities. Not only is the process of adjustment physically difficult, but it can also be emotionally devastating.

• Significant disfigurement: In an instant, a car accident can leave a victim permanently disfigured. Having to accept his or her new altered appearance can leave the person suffering low self-esteem, anxiety, and depression.

• Fracture: Victims of major car crashes can suffer broken bones externally and internally. Arms, legs, ribs, and pelvic area are bones that are typically fractured in accidents. Not only can a broken bone be extremely painful and require extensive medical treatment, but it could take a long while to heal.

• Loss of a fetus: If a pregnant woman in a car accident suffers the loss of her unborn child, this would definitely satisfy the serious injury threshold in New York. Suffering a miscarriage can be incredibly traumatic for women in general, but when the loss occurs due to someone else’s negligence, it can be crushing.

• Permanent consequential limitation of use: This refers to any organ, such as the kidneys, liver, spleen, or another body part that no longer functions at full capacity as a result of the accident. This type of injury would satisfy the serious injury threshold since the victim is left not feeling whole.

• Significant limitation of use of a body function or system: Different from being permanent, this type of injury significantly limits the use of a body function or system. An example would be a serious type of vision damage or hearing loss. Although the victim’s sight or hearing is not totally lost, such functions have become significantly impaired as a result of the crash.

• Medically determined injury or impairment: This last category refers to an injury or impairment that prevents the victim from carrying out his or her regular daily activities for at least 90 days within the first 180 days of the accident. This must be determined by a medical professional.

It is important to note that the New York state’s serious injury law applies to practically all types of motor vehicle accidents, including bicycle accidents and pedestrians.

However, motorcyclists are exempt from meeting New York State’s serious injury threshold. As such, if a motorcyclist suffers an injury in an accident, he or she may pursue compensation from the at-fault driver for economic and non-economic damages right away.

Proving a Serious Injury

In most cases, satisfying New York State’s serious injury threshold can be very complicated. It must be proven that the victim’s injury falls in at least one of the types of injuries listed in the statute. This would require, not only the victim’s own testimony, but also substantial proof backing up the claim.

Evidence can be obtained from various sources, including:

• Medical records: Proof of the extent of injuries and costs can be provided by obtaining medical records and bills. Also, receipts for medical devices and prescription medicines would show proof of damages.

• Physician’s statements: Doctors who treated the victim can submit their findings, which would include the extent and future outlook of injuries, in writing. Medical professionals’ opinions of diagnosis and prognosis carry a lot of weight.

• Tax returns and pay stubs: Providing copies of tax returns and pay stubs or 1099s can show lost income. Additionally, the victim’s employer can provide information on any overtime, bonuses, and promotions that may have been lost due to the victim’s life-changing injuries.

• Police reports: In addition to proving the extent of injuries and damages suffered, it also must be proven that the other driver was at fault. Obtaining a copy of the police report, which would provide details of the crash and the officer’s opinion as to who is responsible for the accident, can be used as evidence to support this claim.

• Eyewitness testimony: In addition to the police report, any eyewitnesses of the crash can provide their written testimonies as to what they saw regarding the accident. Their statements can provide details of the crash from different angles.

This list is not comprehensive. There are many other sources that could be used to obtain vital evidence to satisfy the serious injury threshold. This is why having the assistance of a personal injury lawyer is vital in the aftermath of a car accident.

Speak With a New York Personal Injury Lawyer Right Away

If you or your loved one has recently been injured in a car accident, do not make the mistake of assuming that your injuries do not satisfy the serious injury threshold well enough to pursue a car accident lawsuit. Speak with an experienced personal injury attorney as soon as possible.

Meeting the requirements of the serious injury threshold can be challenging. An experienced lawyer would be familiar with what would constitute a serious injury under the statute. Your knowledgeable lawyer would be able to provide you with helpful guidance on how to proceed with your personal injury claim. Keep in mind that the law firm you choose will have a direct impact on the outcome of your car accident claim.

Make the right choice by choosing the empathetic lawyers at Hill & Moin, LLP, in New York City. Our lawyers stand ready to hear your story. As some of our clients like to say, with us, it’s “like having a lawyer in the family.” Contact us today at (212) 668-6000 for a free consultation with an attorney to learn your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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In New York City, slip and fall accidents are unfortunately common, often resulting in serious injuries. Whether it’s a slick sidewalk, a poorly maintained stairway, or an uneven floor in a commercial building, these accidents can lead to expensive medical bills, lost wages, and pain and suffering. Understanding premises liability and how it affects slip and fall claims in NYC is essential if you’ve been injured in such an incident.

At Hill & Moin, with offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, we specialize in helping victims of slip and fall accidents get the compensation they deserve. In this blog, we’ll explain the basics of premises liability, how it relates to slip and fall cases, and what steps you should take if you’re injured on someone else’s property.

What is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment. In New York, property owners have a duty to keep their premises reasonably safe for visitors, tenants, customers, and others who have a right to be on the property. If an owner or occupier fails to uphold this duty and someone is injured as a result, they can be held liable for damages.

How Premises Liability Relates to Slip and Fall Claims

Slip and fall accidents are among the most common types of premises liability claims. In NYC, property owners and occupiers must address hazardous conditions that could lead to falls, such as:

• Wet or icy sidewalks
• Broken or uneven pavement
• Poor lighting in stairwells or hallways
• Loose floorboards or tiles
• Spilled liquids or debris on floors
• Worn carpeting or mats

To successfully bring a slip and fall claim under premises liability, you need to prove that the property owner or occupier was negligent. This involves showing that:

1. A Dangerous Condition Existed: There was a hazardous situation on the property, such as a wet floor or broken step.
2. The Property Owner Knew or Should Have Known About It: The owner or occupier was aware (or should have reasonably been aware) of the condition but did not take appropriate action to fix it.
3. You Were Injured as a Result: You slipped, fell, and sustained injuries because of the dangerous condition.

Types of Visitors and Property Owners’ Duty of Care

New York law categorizes visitors into different types, each with varying levels of duty owed by the property owner:

• Invitees: People who enter a property for business purposes (such as customers in a store) are owed the highest duty of care. Property owners must actively inspect the premises and address any hazards.
• Licensees: These are social guests or visitors on the property for non-business purposes. Property owners must warn them of known dangers that may not be obvious.
• Trespassers: Even though trespassers enter the property without permission, property owners still owe a limited duty not to intentionally harm them or create traps.

Understanding your status as a visitor is crucial in a premises liability case. If you’re unsure of your classification, consulting with an experienced lawyer at Hill & Moin can help clarify your situation and determine the best course of action.

Common Misconceptions About Slip and Fall Claims in NYC

1. Myth: Minor Injuries Aren’t Worth Pursuing

   Many people mistakenly believe that minor slip and fall injuries aren’t worth pursuing legally. However, even seemingly minor injuries can worsen over time or lead to unexpected complications. Medical bills can add up quickly, and any disruption to your work or daily life is worth considering. Consulting with an experienced lawyer can help you understand your rights and the potential value of your claim.

2. Myth: You Can’t File a Claim if You Were Partially at Fault

   New York follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you can still pursue compensation. Your damages may be reduced based on your percentage of fault, but you won’t be barred from recovering altogether. For example, if you were 20% at fault for not noticing a hazard, you could still recover 80% of the damages.

3. Myth: The Property Owner Will Automatically Be Held Liable

   Just because you were injured on someone else’s property doesn’t mean the owner is automatically liable. Proving negligence is essential, which is why it’s crucial to gather evidence, such as photographs of the accident scene, witness statements, and medical records.

Steps to Take After a Slip and Fall Accident

If you’ve been injured in a slip and fall accident in NYC, taking the right steps can strengthen your case:

1. Seek Medical Attention Immediately Your health should be your top priority. Even if your injuries seem minor, it’s essential to see a doctor for a thorough evaluation. Medical records will also serve as evidence of your injuries and their connection to the accident.
2. Report the Accident Notify the property owner, manager, or landlord about the accident. If you fell in a commercial establishment, ask for a written incident report.
3. Document the Scene Take photographs of the hazard that caused your fall, such as a puddle, broken tile, or poorly lit stairwell. If there were any warning signs (or lack thereof), be sure to document those as well.
4. Collect Witness Information If there were witnesses to your fall, ask for their contact information. Their statements could be valuable in proving negligence.
5. Consult an Experienced Lawyer Slip and fall claims can be complex, especially when dealing with property owners or their insurance companies. Having an experienced premises liability lawyer from Hill & Moin on your side can help you navigate the legal process and build a strong case.

How Hill & Moin Can Help You

At Hill & Moin, we understand the impact that a slip and fall accident can have on your life. Our experienced attorneys are committed to helping you get the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more. Here’s how we can assist:

• Investigation and Evidence Gathering: We’ll thoroughly investigate your accident, gather evidence, interview witnesses, and consult with experts to build a compelling case.
• Determining Liability: We’ll identify all responsible parties, including property owners, managers, and maintenance companies, to ensure they’re held accountable.
• Handling Insurance Companies: We’ll negotiate aggressively with insurance companies on your behalf to secure a fair settlement.
• Litigation, If Necessary: If a fair settlement cannot be reached, we’re prepared to take your case to court and advocate for your rights.

With offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, Hill & Moin is well-positioned to help slip and fall accident victims throughout NYC. Our team has extensive experience handling premises liability cases and a track record of success.

Call to Action: Get the Legal Help You Need Today

If you’ve been injured in a slip and fall accident in New York City, don’t wait to seek legal help. At Hill & Moin, we offer free consultations to discuss your case, answer your questions, and help you understand your legal options. Our team is committed to providing compassionate, dedicated legal representation to help you secure the compensation you deserve.

Contact Hill & Moin today to schedule your free consultation. Call our office at [Phone Number] or fill out our online contact form to get started. Let us be your advocate and guide through the legal process—protecting your rights and fighting for the justice you deserve.

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