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Getting in an NYC car accident that was not your fault is bad enough. Discovering the other driver is from another state could leave you worried that you may be unable to get the compensation you need for your injuries.

New York State’s no-fault car insurance laws protect NYC motorists, providing a capped level of benefits. However, if your accident resulted in serious injuries and your losses exceed your insurance coverage, you may need to claim from the other driver’s insurance company. This is when the situation can get complicated.

An experienced New York City car accident attorney can clarify your legal options. This post will explore the legal process involved when New York residents get hit by out-of-state drivers and how New York state laws could help you seek justice.

Making an Insurance Claim in New York

If you did not sustain serious injuries in your car accident, the same initial process applies whether the car crash was caused by an out-of-state driver or a New York resident. As a no-fault insurance state, every NYC driver must first turn to his or her own insurance company for compensation after a car accident.

No-fault insurance is also called Personal Injury Protection (PIP). The goal of PIP is to pay promptly after an accident, regardless of who was at fault, and help you return to health and productivity again.

According to the New York State Department of Financial Services, PIP covers:

• Medical expenses

• Lost earnings

• Other reasonable and necessary expenses related to injuries from your car crash

There is a cap on the amount each person can claim under no-fault insurance policies. However, a driver could be ineligible for no-fault benefits if he or she was intoxicated, committing a felony, or driving an uninsured or stolen vehicle at the time of the accident.

If you sustain a serious injury in a New York City car wreck, you are likely to quickly run up medical and other expenses above the maximum limits under no-fault insurance. This may mean that you are entitled to pursue a lawsuit to seek compensation for your losses. However, the fact that it involves an out-of-state driver could complicate matters.

An experienced New York car accident attorney can listen to your story and advise whether you can pursue additional compensation for your injuries.

Serious Injury Claims Against Out-of-State Drivers

Generally, the more serious your injuries are, the more compensation you can expect to achieve in a car accident case. However, in a car accident involving an out-of-state driver, you may not have the same legal recourse as if a New York resident driver hit you.

The first question is whether your injury qualifies as serious under New York state law.

Categorizing serious injuries in New York

Your injuries must meet the threshold for serious injuries defined by New York State Law, Chapter 28, Article 51, Section 5102, to bypass the no-fault system and file a lawsuit against the other driver.

Under this statute, serious injury includes the following:

• Death

• Dismemberment

• Disfigurement

• Fracture

• Loss of an unborn baby

• Permanent loss of use of body organ

• Significant limitation to body system or function

These laws are complex, so do not try to determine whether your car accident injuries qualify without seeking legal assistance.

Compensation in serious injury accidents

If your car accident lawyer advises that your injuries are serious enough to meet the threshold, you can pursue a wider range of damages than you can through a no-fault claim. In addition to economic compensation, such as the cost of medical treatment and lost earnings, you could also pursue compensation for non-economic losses.

These damages may include:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Loss of activities

• Loss of consortium

You may have the right to pursue compensation from the negligent driver, but the fact that he or she was from another state can make obtaining compensation more complicated.

Challenges to Pursuing Compensation From Out-of-State Drivers

Pursuing compensation from out-of-state drivers presents unique challenges. However, with an experienced New York City attorney on your side, it may be possible to find a way to obtain the compensation you are entitled to.

Is the insurance company authorized in New York?

Your personal injury lawyer will first investigate whether the other driver’s insurance company is authorized in New York. The policy must match New York’s minimum requirements if the company is authorized. New York law would apply even if the other driver is from a state that has lower minimum coverage requirements.

When the insurance company is not authorized in New York

If the negligent driver’s insurance company is not authorized in New York State, he or she could be in serious trouble. According to New York Vehicle & Traffic Law §318 Subsection 5(a & b), the out-of-state driver’s license may be revoked for driving on New York roads without insurance coverage.

However, the other driver losing his or her license is likely to be of little consolation if you are facing mounting medical expenses and other costs. One legal option open to you may be to file a lawsuit against the individual.

While it may be possible to prove he or she was liable for the car crash, obtaining a payout from an individual can be challenging. If the negligent driver has no collectible assets, obtaining the compensation you need may be impossible. A qualified and experienced New York car accident lawyer can help you explore all legal avenues for compensation, including provisions under your own auto insurance.

Uninsured and underinsured motorist insurance policies

If it is impossible to recover compensation from the negligent driver, you may be able to claim against your uninsured motorist coverage. Under New York law, all motorists must carry this insurance coverage, which protects them if they are involved in a collision with an uninsured driver.

You may also be able to claim against underinsurance coverage. This is not mandatory in New York, but many drivers purchase it to protect themselves if the other driver’s insurance coverage is insufficient to cover his or her losses.

Understanding the best route to compensation can be very confusing. That is why it is essential to secure legal representation to guide you through the process.

Give Yourself the Best Chance of Success After an NYC Car Crash

After a car accident involving an out-of-state driver, take the following steps, which could make it easier to pursue compensation:

• Call 911: The police will attend and note down the facts of the case. The police report may prove to be valuable evidence in your car accident claim.

• Seeking medical attention: Even if you feel fine, getting yourself checked by a medical professional and starting a paper trail of medical documentation is vital. This could help prove your injuries were caused by your car accident. Also, follow up on any medical treatment recommended by the doctor.

• Exchange information with the other driver: Get his or her name, address, phone number, driver’s license, license plate, and insurance information. Remain calm and do not get into any discussions about liability. Try to get the contact details of any eyewitnesses as well.

• Document the scene: If you can, take as many photos of the accident scene as possible. Try to show the damage to the vehicles, their position, and any markings on the road. Capture the weather conditions and take photos of your injuries and damaged property.

• Call a car accident lawyer: As soon as you feel well enough, arrange a free consultation with a New York City car accident attorney. Your lawyer will listen to your story and advise you on protecting your legal rights while talking to your insurance company.

It is crucial to seek legal assistance from the right car accident lawyer. The key is looking for a combination of experience, a track record of success, and a determination to fight tenaciously for the rights of NYC car accident victims.

Let Hill & Moin LLP Fight Your Out-of-State Driver Car Accident Case

At Hill & Moin, we understand that an NYC car accident can be stressful, financially draining, and physically painful. We are here to evaluate your personal injury cases, even in complex ones involving out-of-state negligent drivers. If another law firm would be better suited to take your case, we will refer you to another firm in our trusted network.

We are headed up by Melisande Hill and Cheryl Eisberg Moin, who have both been practicing law in New York for over 40 years and have recovered millions in compensation for motor vehicle accident victims. Our firm’s recent settlements include $1.7 million for an automobile accident victim and $4.85 million for a pedestrian struck by a truck.

Now is the time to discover why our clients say working with Hill & Moin feels “like having a lawyer in the family.” Do not delay. Call (212) 668-6000 to learn your Personal Injury Recovery SolutionsⓇ in a free consultation. Alternatively, complete our contact form, and we will call you back soon.

Don’t wonder about your rights!

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C.Y. is a lovely lady from Queens, known for her green thumb and passion for gardening. She cherished spending time with her family and especially enjoyed shopping with her daughter. But one day, while heading out to do some grocery shopping, C.Y.’s life took a sudden turn. As she was walking, a car making a turn struck her, and tragically, her foot was caught underneath the vehicle’s wheel. The accident left her with severe injuries to her foot, requiring emergency surgery.

In need of legal advice, C.Y. reached out to Hill & Moin, LLP, where she met with attorney Eric Wittels, Esq. Eric and the support staff at the firm carefully explained the legal steps that would need to be taken to pursue a lawsuit. They guided C.Y. through every part of the process, offering compassion and professionalism at every turn.

Thanks to the Hill & Moin team’s hard work and dedication, C.Y. was awarded $1.2 million for her injuries. Reflecting on her experience, C.Y. expressed deep gratitude, saying, “I could not have asked for a better law firm.” Now that her case is resolved, C.Y. dreams of one day buying a house and moving on from the traumatic incident, focusing on what truly matters—her family, her garden, and the future ahead.

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S.O. was running errands one afternoon in late May when the unexpected happened. While driving, another car suddenly collided with hers from behind, causing a chain reaction and a three-car pile-up. The car accident left S.O. with soft tissue injuries, making it clear that she needed both medical attention and legal support.

Feeling overwhelmed, S.O. reached out to Hill & Moin, LLP for legal counseling. From the moment she stepped into their office, she was met with a team of attorneys and support staff who took the time to carefully explain her case and outline the necessary steps for moving forward with a lawsuit. The team was thorough, professional, and reassuring, ensuring that S.O. understood every part of the legal process.

As her case progressed, the Hill & Moin team fought for her rights, and ultimately, S.O was awarded over $100,000 in compensation. Though S.O. didn’t have any immediate plans for her settlement money, she was incredibly satisfied with the experience. When asked to rate her time working with Hill & Moin, S.O. happily gave them a glowing 5-star review, appreciative of the professionalism and dedication she received throughout the entire process.

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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 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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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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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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Getting into a car accident in an unfamiliar place can be one of the scariest of life’s experiences. Your next steps can impact your future for years to come, so you need to make the right decisions from the beginning.

At Hill & Moin, our car crash attorneys strive to be reliable guides for our clients. You can turn to us for advice whenever you need to take legal action after a motor vehicle accident.

Our help starts now. Consider the practical tips shared below, and contact us as soon as you can to schedule a free consultation. You can reach us at (212) 668-6000 or by leaving us a brief message. 

Take Immediate Action After a Car Accident

Car accidents can leave vehicles in dangerous positions. Leaving your vehicle in the oncoming traffic lane, for example, could lead to another crash.

Don’t leave the scene or risk more injuries. Instead, move your car to safety nearby, if possible.

If you cannot immediately move your vehicle, then put on your hazard lights, engage the parking brake, and turn off your engine. Once safe to do so, take the following steps or delegate these important actions to someone you trust.

File a police report

Seek emergency medical help for yourself or anyone else who needs immediate treatment. You can report the accident to the local police anywhere in the United States by calling 911.

Each state has its own rules, but New York law requires you to report any car crash:

• Involving a fatality
• Causing injuries to any person
• Killing or injuring a domestic animal
• Damaging property (e.g., a parked vehicle, a fence) if you cannot inform the owner
• Requiring a vehicle to be towed
• Causing over $1000 of accident damage

Even if your accident does not fit these criteria, you should still make a police report and see a doctor. Why?

Consider the following reasons:

• A police officer’s objective assessment of the damage can help you prove that you deserve compensation for the costs of mechanical and body repair that you wind up seeking, especially since your rights might vary greatly between states
• An emergency responder or a doctor might notice symptoms of injuries that are not readily apparent to untrained eyes
• Some medical conditions become more serious if left untreated
• Mechanical damages might not be evident without a close inspection by a professional
• If you are unaware of the local reporting requirements, it is better to contact the authorities than risk breaking the law

Additionally, the reporting rules for accidents differ depending on where you are. If you fail to report an accident lawfully, you could lose your driving privileges, which could affect your ability to make an insurance claim. Why take the chance?

Collect information

A personal injury lawsuit must be supported by evidence. Exchange information with all involved motorists, passengers, and eyewitnesses. When accidents happen out of town, it can be difficult or impossible to return to the location later.

Gather as much contact information and details as possible at the scene, including:

• Photos and videos of the accident scene, focusing on damage to all involved vehicles, visible injuries, and relevant features of the accident scene (e.g., missing traffic signs, skid marks, patches of snow and ice)
• The insurance information and driver’s license number of the other driver
• The make, model, color, and license plate numbers of the other vehicles
• The name and badge number of the police officer responding to the accident
• The vehicle ID and route number if the accident occurred on public transportation

Start a file of all the documentation related to the auto accident. Keep copies of your medical records and any expenses related to medical care: like prescription drugs, assistive devices, and travel costs for appointments.

Consult a Car Accident Lawyer

The medical bills and repair expenses after an accident can quickly drain your finances. A personal injury settlement from the negligent party can help you meet your financial needs, yet getting a fair sum from his or her insurance company is often much too difficult to accomplish without professional assistance.

Before you talk to your insurance company, you need to understand how what you say impacts your potential claim. A careless statement could even void your insurance policy.

On the other hand, hiring an experienced lawyer to communicate with insurance companies on your behalf can ensure your claim is processed both correctly and on time.

Visiting a law firm can be intimidating. Yet, the family-like atmosphere at Hill & Moin can put you at ease. Our satisfied clients appreciate how our compassionate lawyers explain their legal options and pursue maximum compensation for their serious injuries.

You can begin without cost or obligation. Send us a message with your contact information, or call our office to schedule a free consultation.

In the United States, there are several types of travel and auto insurance. If you decide to hire our attorneys, we can help you reap the maximum benefits from the following types of insurance coverage.

Understand Your Insurance Features

Private health insurance policies, either paid out of pocket or by an employer, can also offset the high costs of medical care. The United States does not cover citizens while they are abroad. Therefore, many traveling Americans rely on special insurance policies specifically for travelers or expats.

Did you buy a travel insurance policy before your trip? These policies can include different features, such as the following.

Trip cancellation

When your trip is canceled, these benefits cover reservations like flights, train tickets, and hotels. Some plans still compensate even if you cancel because a close family member got sick.

Travel disruption

If there are changes to your trip before or during your travels, disruption benefits can offset your financial losses.

Travel health insurance

Some general travel insurance companies cover medical bills from overseas treatments, or you may need to purchase separate policies that make direct payments to foreign hospitals. Otherwise, you might need to pay for medical treatment out of pocket.

Medical evacuation

If you are in a place that does not have modern healthcare facilities, medical evacuation coverage can cover the costs of emergency transport to a more well-equipped hospital.

What if you get into a car accident in a rented vehicle? Travel insurance policies sometimes offer rental car coverage as a benefit or an add-on feature. In other cases, you have to purchase a separate plan or take advantage of credit card perks.

Rental car insurance

You can file a claim with your travel insurance company if you get into an accident while traveling when it is covered by your policy.

Many packages include a collision damage waiver (CDW) for the damage or theft of rental vehicles. CDWs pay for vehicle damage or theft. Some rental companies otherwise offer policies that cover any financial responsibility for damages or losses related to the car you borrow.

If you did not buy a rental or travel policy, should you be panicking? Not necessarily, as you will discover in the next subheading.

Credit card benefits

Some credit card companies automatically provide travel insurance for related expenses paid for with your card. A lawyer can review your card agreement for medical care coverage and other car accident losses.

No-fault insurance

Most states require drivers to carry insurance on their motor vehicles. New York, New Jersey, and several other states operate under no-fault systems. In these locations, no-fault insurance pays car accident-related medical bills for you and your passengers. You would receive these funds regardless of who caused the accident.

If your expenses are low, you might not need to seek damages from the other driver. However, you can pursue additional compensation if your policy amounts are insufficient.

At-fault insurance

In at-fault states, the person who caused the accident matters greatly. When an accident happens, insurance companies investigate who caused it. They might review the accident report, interview witnesses, and collect other important evidence. The driver determined to be at fault will be the one whose insurance pays for the damages.

What if more than one driver is partially responsible for severe injuries or vehicle damage? In some states, the insurance companies split the costs based on the percentage of fault.

Drivers can be found at fault for many reasons. Some common causes of car accidents include careless or illegal driving actions.

Below are a few examples:

• Reckless driving: Operating a vehicle in a dangerous manner, such as speeding or ignoring traffic laws
• Distracted driving: Driving while not paying full attention to the road or other motorists
• Driving under the influence: Operating a vehicle while impaired by alcohol or drugs

If the damages exceed policy limits, motorists can rely on uninsured driver’s coverage.

Uninsured and underinsured coverage

Suppose you got into a car accident on Staten Island and the driver left without stopping to exchange information. Uninsured motorist insurance policies could protect you in this case, by paying for the expenses that the at-fault driver should have covered.

You can file an underinsured motorist claim if the at-fault driver has insurance but his or her policy limits are too low to cover all of your costs. This accident protection supplements the liable driver’s policy, covering any remaining costs for medical bills or property damage once policy limits are reached.

File a claim with an insurance company

In the eyes of a collision survivor, the purpose of an insurance company is to protect you from financial harm after a car accident. Unfortunately, many companies focus on making a profit rather than on paying out compensation to policyholders.

Hill & Moin is a law firm that understands the system. Since our attorneys know the law, they can use it to serve clients struggling to get what they deserve from money-hungry insurance companies. At times, we need to take cases to trial; in most instances, our successful negotiations result in a fair out-of-court settlement.

Discuss Your Personal Injury Recovery SolutionsⓇ

If you have been involved in a car accident, make sure to prioritize your immediate safety. If you have followed our advice, you will have gathered evidence and filed an accident report with the police. Even with these critical tasks completed, there is still one step to take.

Learn your legal rights. Consulting a professional for guidance can be the turning point in your quest for justice.

To ensure you receive the compensation you deserve, reach out to our law firm today. Contact our experienced accident lawyers now to schedule a consultation at (212) 668-6000, and a member of our team will be happy to assist you. Don’t worry about your rights! 

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It was a crisp autumn day when the unthinkable happened. Jennifer M. was involved in an auto accident while riding a moped scooter in Queens. As the moped was turning a corner there was a collision with an oncoming car that resulted in Jennifer M. sustaining injuries. In pain and unsure of what to do next, Jennifer M. knew she wanted to understand her legal rights and seek justice after such an unfortunate accident. That’s when she got in touch with the legal team at Hill & Moin, LLP.

Jennifer M. met with attorney Eric Wittels who explained in a thorough yet understandable way Jennifer M.’s case and the steps Hill & Moin would take to ensure she received adequate compensation for her injuries. Through Mr. Wittel’s hard work and dedication Jennifer M. was awarded $180,000. “Eric and the staff at Hill & Moin spoke to me like we were friends, and I always felt comfortable asking questions about my case” Jennifer M. would go on to say once she received her settlement check. When asked how she would rate her experience with Hill & Moin, she gave a glowing “5 Star” Google review.

So, what’s next for Jennifer M.? She plans to buy a home in Colombia where her family is originally from and invest in her dreams of having her own day care center, proving that there is a silver lining even after unexpected setbacks.

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Driving in traffic can be frustrating and stressful, but depending on the situation, it can also make the ride especially dangerous. On one unsuspecting autumn afternoon, Will Reyes unfortunately found this to be his reality. Driving straight with the right of way on the highway, Will hardly had time to react to the vehicle which had startlingly begun to enter the lane of traffic in which he was traveling.

In the blink of an eye, the careless vehicle had pulled out into Mr. Reyes’ path, striking his vehicle on the side. Will’s body was jolted and pushed into the interior frame and steering wheel. His car came to a rest in a grassy median, and it was then that he realized he was hurt. He was swiftly seen by medical staff and found to have sustained injuries to his shoulder, leg, and knee.

Wishing to set things right, he called Hill & Moin to talk more about what he had been through. Upon reviewing the facts, they formulated a plan and got straight to work on his case. Through diligence and patience, Hill & Moin was able to secure Will a settlement of $167,000.

Looking back, Mr. Reyes has only good things to remember about his experience with Hill & Moin, noting that he gives them “all 5 out of 5 stars.” Looking forward, he has plans to resume his career, continue forward, and buy a fresh set of wheels for his new life on the go.

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