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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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When one pictures life’s joyous occasions, such as celebrating a birthday, laughter and happiness are what you might hope or even expect to experience. Woefully, S.B. wasn’t so fortunate. Setting off for an event to celebrate her sister’s birthday, S.B. and several pals climbed into the back seat of the car being driven to the venue by another friend. As they traveled along the roadway, S.B. and her friends were chatting quietly amongst themselves. Without warning, the car began to slow and just a split second later, a second out-of-control vehicle ploughed into S.B’s host vehicle from behind. Attempting to brace herself, S.B. was batted around the inside of the vehicle like a human pinball due to the force of the impact.

Although she tried to push through the distressing situation to enjoy her sister’s celebration, S.B. couldn’t ignore the growing pain she found herself to be in. Seeking medical attention, it was confirmed that she had suffered damage to her knee, shoulder, neck, and back and would require corrective surgery to treat her soft tissue injuries. Worried about what to do next and looking for clarity, on a trusted friend’s recommendation, S.B. went straight to Hill & Moin, LLP. Knowing that the firm had decades worth of knowledge and expertise, S.B. knew that the esteemed counsel of Hill & Moin would be able to confidently pursue her case and find her the relief and compensation she sought.

Reflecting on her relationship with the firm, she described Hill & Moin as “great!” An admirer of their straightforward and reliable communication, she found herself at ease with how the questions and concerns she found herself asking were invariably met with confident answers. With strategy and persistence, the attorneys at Hill & Moin negotiated a $200,000 award for all that S.B. had pushed through. With the new promise of a fresh start, S.B. now looks forward to investing in properties while also aspiring to open a hair salon of her very own.

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Settlement: $500,000 Dollars

Antonia was heading home from work in Sunset Park when she was blindsided and hit by an oncoming car in the pedestrian crosswalk. Suffering serious injuries that required surgeries, Antonia was recommended to Hill & Moin by a close friend who knew from personal experience the benefits of working with a firm that treats clients like family.

An appointment was scheduled promptly and with her husband’s help, Antonia met with the attorneys who explained the legal process to both and promised them that Hill & Moin would do all they could to advocate and seek justice for the injuries Antonia sustained. Through hard work and total dedication to help Antonia and her family after such an unfortunate occurrence, her case was settled for the entire insurance policy of $500,000 dollars. They would not accept a penny less.

Antonia and her husband were delighted by the news and immensely grateful for the work Hill & Moin did to provide a clear and focused path forward after her debilitating accident. Antonia recommends Hill & Moin and their kind staff for all their steadfast hard work and for making their dream of purchasing their first home together a reality.

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Car accidents can turn lives upside down in an instant. Whether it’s a minor fender-bender or a serious collision, the aftermath is often filled with confusion and stress. One of the most critical aspects of navigating this chaos is proving fault. This task can feel overwhelming, though, for accident victims who are already dealing with serious injuries, medical bills, and emotional trauma.

An experienced car accident attorney can be your ally in these challenging situations – armed with the knowledge and skill to sift through evidence, negotiate with insurance companies, and ultimately help you establish fault where it may not be immediately apparent. With the legal guidance of such a personal injury lawyer, you stand a better chance of securing fair compensation for your losses.

At Hill & Moin LLP, we understand how daunting this process can be for those involved in motor vehicle accidents in New York City. Our car accident attorneys are here to guide you through every step of the legal process. Let us explore how legal representation is crucial in proving fault after a complicated car accident.

What Makes a New York Car Accident Case Complex?

New York’s comparative fault laws are designed to allocate responsibility among parties involved in an accident and adjust compensation based on their level of fault.

Comparative fault, also known as comparative negligence, is a legal principle used to determine how blame is shared among individuals involved in an accident. This means each party can be assigned a percentage of fault, and the amount of compensation you can receive is reduced according to your amount of shared responsibility.

After an accident, an assessment is made to determine how much fault each party bears. For example, if you were speeding but the other driver ran a red light, both actions are evaluated to determine their contributions to the accident.

Each party is given a percentage of fault based on their actions. For instance, if you are found to be 40 percent responsible for the accident and the other driver is 60 percent responsible, you may only receive up to 40 percent of compensation.

For a seemingly minor car accident, determining fault may appear simple and straightforward. Yet, some car accident cases can be trickier than expected. Let us explore several scenarios in which establishing fault can be complex and how a personal injury lawyer can handle the complications.

Accidents Involving Multiple Vehicles

Accidents involving multiple vehicles are among the most complex and devastating types of motor vehicle accidents. These types of collisions can result in extensive property damage, serious injury, and fatalities.

Sometimes a single event, such as a sudden stop or collision, triggers a chain reaction. For example, if a car abruptly stops on a highway, the car behind may rear-end it, causing a domino effect of other collisions with following vehicles.

Pile-ups typically occur on highways or freeways and involve multiple vehicles crashing into one another. These accidents can result in significant pile-ups, cars stacked up on each other.

Why do multi-car accidents happen?

Several factors that may contribute to multi-car accidents are:

• Drivers not paying attention to the road may fail to notice slowing or stopped traffic ahead, leading to chain reactions
• Speeding, brake-checking, tailgating, and sudden lane changes can increase the likelihood of multi-car collisions
• Fog, rain, snow, and ice can reduce visibility and road traction, making it difficult for drivers to stop in time
• Heavy traffic increases the chances of rear-end collisions, which can quickly escalate into multi-car accidents
• Debris, potholes, and other road hazards can cause drivers to lose control and collide with multiple vehicles

Why is it difficult to prove fault in multi-car accidents?

Proving liability in multi-car accidents, also known as chain reactions or pile-ups, can be exceptionally challenging. Note the following reasons why establishing fault in these types of accidents is usually difficult.

Multiple parties involved

With multiple accounts of how the accident occurred, determining who is primarily at fault can be convoluted. Each driver may have a different perspective or recollection of events, leading to conflicting statements.

Complex accident scenes

The nature of multi-car accidents can often be a tangled mess of vehicles and debris. This makes it challenging to piece together a clear and accurate sequence of events. The accident scene can be chaotic, with vehicles scattered in different directions and extensive property damage, complicating the task of accident reconstruction.

Chain reaction dynamics

Figuring out the precise sequence of events and identifying the initial at-fault driver can be particularly difficult in a chain reaction. Each collision in the chain may have contributing factors from different drivers, further complicating fault determination.

Insurance complications

In multi-car accidents, multiple insurance companies may be involved, each representing different drivers. Each provider will conduct its own investigation, and conflicts of interest may occur. Negotiating with multiple insurers can be a complex and prolonged process, with each party attempting to minimize their liability.

Defensive actions by drivers

In multi-car accidents, some drivers may take defensive actions to avoid the collision, such as swerving or braking suddenly. These actions, while intended to prevent a crash, can inadvertently contribute to an accident. Determining the reasonableness and impact of these defensive maneuvers adds another layer of complexity to fault determination.

Rideshare Accidents

Rideshare accidents involve vehicles operating under the umbrella of rideshare companies like Uber or Lyft. These accidents can occur while a driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a customer. Each scenario has different implications for insurance coverage and liability.

The cause of rideshare accidents

The following are just a few factors that may contribute to a rideshare accident:

• Distracted driving: Rideshare drivers rely heavily on their smartphones for navigation, communication with passengers, and managing ride requests. This dependence on technology can lead to distracted driving, which is a leading cause of accidents. Drivers may be looking at their phones instead of the road, causing them to miss traffic signals, pedestrians, or sudden changes in traffic conditions.

• Fatigue: Rideshare drivers often work long hours, sometimes late into the night or early in the morning, to maximize their earnings. This can lead to driver fatigue, which impairs reaction times, decision-making abilities, and overall alertness. Fatigue-related accidents are particularly common among rideshare drivers who balance multiple jobs or drive during peak hours when they are most tired.

• Inexperience: Some rideshare companies have minimal requirements for driver experience, leading to a diverse range of driving skills among their drivers. Some rideshare drivers may be relatively inexperienced or unfamiliar with the areas they are driving in, which can lead to navigation errors and unsafe driving practices. Inexperienced drivers are more likely to be involved in accidents, especially in high-traffic or complex driving environments.

• Poor vehicle maintenance: Rideshare drivers are responsible for maintaining their vehicles, but not all drivers adhere to regular maintenance schedules. Poor vehicle maintenance, such as worn-out tires, faulty brakes, or malfunctioning lights, can lead to mechanical failures and accidents.

What parties may be held liable?

Liability in rideshare accidents can involve multiple parties, making these car accident cases particularly complex.

Potentially liable parties include:

• Rideshare driver: If the driver was negligent, he or she could be held liable for the accident. This includes behaviors like distracted driving, speeding, or violating traffic laws.
• Rideshare company: Depending on the driver’s status, the rideshare company’s insurance policy might cover the accident. A rideshare company may have substantial policies that can provide coverage in these situations.
• Vehicle manufacturers: If a defect in the rideshare vehicle or another involved vehicle contributed to the accident, the manufacturer might be held liable.

When Dangerous Behavior Causes an Accident

Car accidents can be devastating, especially when they involve drunk driving, reckless behavior, or aggressive driving. Proving fault in these complex cases requires thorough investigation.

To prove fault, a car accident lawyer may:

• Gather evidence: The lawyer can obtain police reports and arrest records that show the at-fault driver was under the influence. Lawyers may also collect blood alcohol content (BAC) test results and witness statements.
• Request accident reconstruction experts: These experts are qualified to recreate the accident scene using evidence and data. They can thus show how the accident played out, demonstrating the actions of the drunk, reckless, or aggressive driver.
• Talk to toxicology experts: In car accident cases of drunk driving, toxicology experts can provide evidence of the driver’s impairment at the time of the accident.

These are just a few examples of complex car accidents that can make unraveling liability a challenge. Now, let us see how personal injury attorneys can establish fault.

Holding the Right Parties Responsible for Your Car Accident Injuries

If you are facing the aftermath of an accident, a car accident lawyer can establish fault and build a strong case on your behalf. Here are several ways a car accident lawyer can help prove fault in complex cases.

Investigation and evidence gathering

One of the primary roles of a car accident attorney is to conduct a comprehensive investigation into the accident.

The investigation process involves:

• Collecting accident reports and police reports: These documents provide crucial details about the accident scene, including the positions of the vehicles, road conditions, and any traffic violations noted by the responding officers.
• Interviewing witnesses: Statements from witnesses may offer valuable perspectives on the events leading up to the motor vehicle accident. A personal injury lawyer can identify and interview witnesses to corroborate the victim’s account.
• Obtaining medical records: Medical records and expert testimony can link injuries to the car accident, demonstrating the impact of the crash on the victim’s health.

Utilizing expert witnesses

With everything from a minor car accident to a more serious car accident, expert witnesses could play a pivotal role in establishing fault.

Car accident lawyers often work with:

• Accident reconstruction experts: These professionals use evidence from the accident scene, vehicle damage, and witness statements to recreate the events leading to the crash. Their analysis can be crucial in demonstrating how the accident occurred and who was at fault.
• Medical experts: Medical experts can testify about the extent and cause of the victim’s injuries, linking them directly to the accident. This testimony can be vital in proving the severity of the injuries and the need for compensation.
• Engineering experts: In cases involving vehicle defects or poor road conditions, engineering experts can provide insights into how these factors contributed to the accident.

Requirements for Proving Negligence in Car Accident Cases

Proving negligence is essential for establishing fault after a car accident. You must show that another party’s lack of care caused the accident and your injuries by establishing the following.

Duty of care

First, you must show that the other driver(s) owed you a duty of care. In the context of driving, all drivers have a responsibility to operate their vehicles safely and follow traffic laws.

Breach of duty

Next, you need to demonstrate that the other driver(s) breached this duty. Examples of breaching duty include:

• Speeding: Driving faster than the posted speed limit or too fast for road conditions increases a person’s chances of having a serious auto accident
• Distracted driving: Using a phone, eating, or engaging in other distractions while driving
• Aggressive driving: Aggressive forms of driving, such as tailgating, frequent lane changes, or other forms of reckless driving, may result in a car crash
• Drunk driving: Drunk driving accidents are caused when an individual operates a vehicle under the influence of alcohol

Causation

You must show that the other driver’s breach of duty directly caused the accident. This involves connecting the breach (e.g., speeding or distracted driving) to the collision and your injuries.

Damages

Finally, you need to prove that you suffered damages as a result of the accident.

Economic and non-economic damages can include:

• Medical expenses: Costs for treating your car accident injuries, including physical therapy for serious injuries
• Lost wages: Even if you had a minor accident, you may experience lost wages due to being unable to work
• Property damage: Costs to repair or replace your vehicle or any property damaged in the motor vehicle accident
• Pain and suffering: Compensation for physical pain and emotional distress

Even your own insurance company may complicate matters by disputing your insurance claim or offering insufficient compensation. Additionally, the serious injury threshold must be met to pursue a personal injury lawsuit in New York. Therefore, clearly establishing fault and proving damages can help you successfully seek compensation.

Get the Support You Need After a New York Car Accident

When navigating the aftermath of a car accident, proving fault can be one of the most challenging aspects. Car accident cases that involve multiple parties, conflicting stories, and intricate details can be difficult for an individual to establish liability on their own.

But you don’t have to prove fault alone. The experienced car accident attorneys of Hill & Moin can help you pursue a car accident claim. With our legal team on your side, you won’t just have representation; you’ll have a dedicated ally negotiating with insurance companies and defending any counterclaims.

Let us help you secure the compensation you need for medical expenses, lost wages, and emotional trauma. Contact us today to schedule a free consultation. Complete our online contact form or call (212) 668-6000. We’re ready to listen to your story, answer your questions, and fight for you.

Don’t wonder about your rights!

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Car accidents can be painful, overwhelming, and costly. Even a minor collision may leave you with medical bills and other financial losses you are unsure how to handle.

New York is a no-fault car insurance state, meaning most auto insurance claims are paid through your insurance provider regardless of fault. However, before accepting a settlement from the insurer, it is critical to calculate the value of your car accident claim accurately.

Unfortunately, accident victims in New York who do not understand the types of damages they qualify for may end up without the financial support they need to recover from their injuries. This post discusses different categories of car accident damages and factors that may influence the amount of compensation you qualify to receive.

Recovering Compensation for New York Car Accident Economic Damages

Economic damages are quantifiable monetary losses resulting from a car accident. These damages encompass all financial losses incurred due to the accident. Economic damages are typically documented with receipts, bills, and other financial records.

The following are types of damages that may be included in your New York car accident settlement.

Medical expenses

Economic damages can cover the costs of medical treatment related to the auto accident, including future medical costs you may incur, such as:

• Emergency room visits
• Hospital stays
• X-rays and diagnostic tests
• Prescription medications
• Surgeries and medical procedures
• In-home medical care
• Rehabilitation and physical therapy
• Medical devices (crutches, wheelchairs, etc.)

Lost wages

Car accident injuries may force you to miss work while you get medical care. This can be stressful since you are missing out on income and worrying about medical bills and other costs accruing from the accident. Fortunately, if your injuries prevent you from working, you may be able to receive compensation for lost income.

This includes:

• Salary or hourly wages
• Commissions
• Bonuses
• Overtime pay
• Self-employment income

To prove lost wages, you may need to provide pay stubs, tax forms, or evidence of lost financial opportunities.

Loss of earning capacity

Loss of earning capacity refers to the reduction in an individual’s ability to earn income due to severe or life-altering injuries sustained in a car accident. Unlike damages for lost wages, loss of earning capacity considers the long-term impact on your ability to work and earn a living.

Calculating loss of future earning capacity can be complex and involve factors such as:

• Medical evidence: Medical reports and expert testimony to establish the extent of your injuries and their long-term impact on your ability to work

• Vocational expert analysis: Vocational experts assess how your injuries affect your ability to perform your job and whether you are able to work in a different capacity

• Economic projections: Testimony from economists may be needed to project your potential future earnings based on your age, career trajectory, and industry standards

Property damage

Your vehicle was likely damaged if you were involved in a car accident. Compensation for property damage should cover the cost of repairing or replacing your vehicle and any personal property damaged in the accident.

The insurance company may require proof of property damage through:

• Photos or videos of your damaged vehicle
• Photos from the accident scene
• Statements from eyewitnesses
• Receipts from the mechanic or auto body shop

Recovering Compensation for New York Non-Economic Damages

Severe car accident injuries can leave you with not only physical injuries but also mental trauma and emotional distress. Non-economic damages compensate for non-monetary losses that are more subjective and difficult to quantify.

Pain and suffering

Pain and suffering damages are intended to compensate you for the physical pain and discomfort you suffer as a result of the car accident, including:

• Chronic pain
• Side effects from ongoing medical treatments
• Discomfort from injuries
• Impact of daily activities and quality of life

Emotional distress

Emotional distress damages recognize the significant emotional toll that a car accident can take on a victim’s life.

Car accident victims may be left coping with the following:

• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)

Documenting your feelings and experiences with a mental health professional may help strengthen your claim for emotional distress damages.

Loss of consortium

Loss of consortium damages may be awarded to the spouse or family members of an injured party.

These damages provide compensation for the following:

• Loss of companionship
• Loss of affection
• Impact on sexual relations

Loss of enjoyment of life

Your injuries may prevent you from participating in activities and hobbies you previously enjoyed before the car accident, including:

• Traveling
• Sports
• Exercise
• Social activities

Your ability to engage in these pastimes can significantly diminish your overall happiness and fulfillment.

Punitive Damages and New York Car Accident Cases

When involved in a New York car accident, your primary financial focus typically revolves around recovering damages for medical bills, lost wages, and the other damages we previously discussed. However, in certain situations, a car accident victim may also be awarded punitive damages.

These are a special category of compensation sometimes awarded by a judge to a plaintiff in a personal injury lawsuit. Unlike compensatory damages, which aim to reimburse an injured victim for losses sustained, punitive damages are designed to punish the defendant for his or her conduct and deter similar behavior in the future.

Punitive damages are not awarded in every car accident case. Judges usually only award these damages in situations where the defendant’s actions were especially reckless, malicious, or grossly negligent.

Car accident scenarios in New York where punitive damages may be considered include:

• Texting and driving: Texting or using a smartphone, despite common knowledge of the dangers associated with distracted driving, can be considered a major offense
• Driving under the influence: If the defendant was driving under the influence of alcohol or drugs, that person’s actions may warrant punitive damages being awarded to the accident victim
• Excessive speeding: Situations where the defendant was driving well over the posted speed limit show a blatant disregard for others
• Hit-and-run: If the driver fled the scene of a severe accident and was later discovered, the judge may consider this to be deserving of punitive damages

Factors That Influence New York Car Accident Damages

One of the main questions clients ask car accident lawyers is, “How much is my car accident claim worth?” The value of a car accident claim varies depending on several elements.

The following are factors that can impact the types of damages and the amount of compensation you receive:

• Severity of the car crash: The severity of the accident can have a major influence on damages. Minor fender-benders usually result in less severe injuries and lower repair costs compared to a head-on collision or other type of major accident.

• Types of vehicles involved: The size, weight, and safety features of a vehicle can play a role in determining compensation. For instance, a collision involving a large truck and a passenger vehicle is likely to result in more significant damages to the smaller vehicle.

• Degree of fault: Your level of fault in the auto accident can impact your compensation. In some states, such as New York, if you are partially at fault, your damages may be reduced proportionately.

• Pre-existing conditions: A motor vehicle accident victim with pre-existing conditions may sustain more intense injuries or experience longer recovery times. This can complicate the assessment of damages and personal injury claims.

• Insurance coverage: The extent of insurance coverage for both drivers involved in the crash can have an impact on the final settlement. Insurance policies with higher coverage limits provide more resources for medical expenses and other damages.

• Economic considerations: Financial factors, such as your income, ability to work, and cost of medical treatment, play a major role in the overall calculation of damages. Prolonged inability to work, ongoing medical expenses, and the cost of rehabilitation therapy can greatly increase the amount of damages awarded.

• Legal representation: Whether you hire an experienced car accident lawyer or handle the claim on your own can impact the amount you are compensated. Skilled personal injury lawyers can help ensure you receive full coverage for damages.

How New York No-Fault Laws Impact Car Accident Claims

New York follows a “no-fault” system for car accidents. Each driver in NY is required to carry personal injury protection (PIP) insurance. PIP covers accident-related costs up to a specified limit, regardless of who caused the car accident.

This means when you are involved in a motor vehicle accident in New York, you file a claim with your own insurer. Your insurance company should cover your medical expenses and lost wages regardless of whether you or the other driver were at fault for the collision.

Under the no-fault system, you are typically only able to file a personal injury lawsuit after you meet the “serious injury” threshold.

Injuries that may meet this threshold include:

• Bone fractures
• Dismemberment
• Disfigurement
• Permanent loss of a body organ
• Significant limitation of use of a body function or system

Additionally, if your medical expenses or other losses exceed the $50,000 PIP limit, you may be able to file a personal injury lawsuit against the at-fault party for the excess amount.

Maximize Your Claim With a New York Car Accident Lawyer

Car accidents are an all-too-common occurrence in New York. The NYPD reported 7,999 motor vehicle collisions in just one month in 2024. If you were injured in a car accident in New York, you have the choice of filing an insurance claim on your own or hiring a personal injury attorney.

Consider some of the reasons why it is in your best interests to hire a car accident lawyer:

• Legal advice: Personal injury lawyers can provide legal advice on the ideal course of action for maximizing your car accident settlement

• Thorough investigation: A car accident attorney can gather the evidence needed to build a strong personal injury case for you

• Accurately calculate your claim: A lawyer can carefully identify and calculate all damages that you are entitled to

• Negotiate with insurance companies: An experienced personal injury lawyer knows the tactics used by insurance adjusters and can effectively negotiate on your behalf

• Peace of mind: Having an attorney handle the legal aspects of your case allows you to focus on your recovery instead of dealing with the stress of insurance claims

Recover the Full Amount of Car Accident Damages You Deserve

Understanding car accident damages is vital to securing fair compensation for your losses. By recognizing the different types of damages and working with an experienced personal injury attorney, you can maximize the amount of compensation you recover.

When you choose Hill & Moin, LLP, to handle your car accident claim, you will have a trusted legal team looking out for you. We care about our clients. With our law firm on your side, it’s like having “a lawyer in the family.”

If you need assistance with your car accident claim or have questions about damages, please don’t hesitate to contact our law firm. We can offer Personal Injury Recovery SolutionsⓇ for you. Call us 24/7 at (212) 668-6000 to schedule your initial free consultation today.

Don’t wonder about your rights!

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After a deeply distressing event like a New York car accident, you may feel overwhelmed and vulnerable. Agonizing over whether it was your fault can multiply your stress.

At Hill & Moin, our heart goes out to auto accident victims. Our compassionate lawyers advocate for the injured, pursuing extraordinary results for our clients.

While no-fault auto insurance relieves some of the anxiety of determining fault, relief can also come with accurate knowledge. Our law firm is sharing this information to demystify New York no-fault coverage and explain how your no-fault insurance policy could impact your car accident claim.

No-Fault Coverage: What You Need to Know

Since New York is a “no-fault state,” no-fault insurance is required to register vehicles and purchase license plates. Your plan must include the following minimum coverage.

Personal injury protection

Personal injury protection (PIP) policies provide coverage for medical expenses and lost wages. Besides yourself, PIP pays for medical treatment for your passengers and pedestrians injured by your car.

Liability insurance coverage

Auto liability insurance coverage protects drivers if they are found legally responsible for causing an accident.

Some common types of liability coverage are:

• Bodily injury liability: Medical expenses associated with injuries sustained in an accident caused by the insured driver
• Property damage liability: Repair or replacement costs for damaged property and the other vehicle involved in the accident
• Comprehensive (optional in New York): Pays for property damage and vehicle repair or replacement needed due to collisions, theft, vandalism, fire, or other natural disasters

Auto liability insurance has a maximum payment amount called a policy limit. Drivers must carry adequate liability coverage to protect their assets and comply with the legal requirements set by New York State.

Uninsured vehicle coverage

In 2022, uninsured motorists composed about 14 percent of all drivers in New York. Without the protection of uninsured motorist insurance (UM) coverage, you would have to pay your medical bills and vehicle damages out of pocket if you were hit by an uninsured vehicle. UM covers injury-related costs for you and your passengers up to your policy’s limits.

Uninsured motorist coverage can also extend to underinsured motorists, which can help cover the gap between the at-fault driver’s insurance limits and the actual costs of your damages.

Such coverage is especially valuable in areas where many drivers may be uninsured or underinsured. While uninsured motorist coverage is optional in some states, New York law requires that all registered drivers carry it.

No-fault insurance protection

No-fault insurance coverage applies regardless of who was at fault in a car accident. Under your basic no-fault policy, you could qualify to receive funds for economic losses as well as:

• Reimbursement for accident-related medical bills and rehabilitation costs for bodily injury
• Lost earnings (minus offsets for New York State disability, workers’ compensation, or federal Social Security benefit payments) for up to a few years after the date of the accident
• An amount of money per day for transportation to and from medical providers and household help (e.g. childcare, household help, lawn care services) for a limited time after the accident
• Money payable to the estate of a person killed in a motor vehicle accident

To claim expenses related to your no-fault accident, you must prove these are “reasonable and necessary.” An attorney can help you provide reasonable justification for your claims to increase the likelihood of their acceptance by the insurance company.

In states where PIP is not required, you can often buy it as additional coverage. Each insurance company offers different no-fault benefits, so you should check your policy to see if rehabilitation, childcare, or funeral expenses are covered.

The personal injury protection required in New York and other “no-fault” states can speed up the claims process and avoid personal injury claims for minor injuries. In addition to no-fault coverage, another type of insurance policy may protect you if you get into a car accident in New York State.

Exploring Health Insurance Coverage and Other Benefits

If you have a serious injury, the cost of treatment might quickly exceed the amount covered under your no-fault policy. To prevent economic losses, you can explore your other options.

Optional PIP coverage

You can buy more than the coverage required in a no-fault state. Insurers are often required to offer extra PIP coverage, and if so, policyholders must sign a document to reject it. If the insurance company does not receive your waiver, they could charge additional fees.

Did you know you could be eligible for coverage under your family members’ insurance policies? A personal injury attorney can help you decode the fine print to determine whether you qualify to file a claim on the policy for the vehicle you occupied or a relative living in your household. If you were not at fault for the accident, the attorney can also contact the insurance company of the person at fault for the crash.

Standard health insurance coverage

In New York, as in many other states in the US, you must carry health insurance coverage. Standard health care coverage can protect you if no additional PIP benefits are available.

An attorney can help you contact your provider and follow the instructions for submitting a health coverage claim. You will need to provide proof of your injuries, including supporting documents like accident reports and doctor statements. Be sure to keep copies of all communication with the insurance agent for your records.

Federal Social Security disability

What if your serious injuries result in a long-term disability? Collecting federal Social Security disability benefits could alleviate your financial burdens.

The Social Security Administration (SSA) will evaluate your claim based on their criteria, including the severity and duration of your impairments and how these impact your ability to earn a living. A person may be eligible for disability payments and Social Security Income (SSI) simultaneously.

Besides monthly pay, your benefits could include Medicare, a federal health care coverage program.

Medicare insurance covers:

• Hospital stays
• Doctor’s appointments
• Prescription drugs
• Preventive services like health screenings, behavioral counseling, and annual wellness visits

Seek assistance from a qualified attorney experienced in Social Security disability claims to navigate the process effectively and increase your chances of approval. Though the aftermath of auto accidents can be overwhelming, professional assistance can help you take advantage of your benefits while you recover from your serious injury.

Deciding When You Need to File a Personal Injury Lawsuit

While a no-fault claim is designed to streamline the claims process and provide quicker reimbursement for medical expenses, it may only cover some of your losses. You might need to consider filing a personal injury lawsuit against the at-fault driver.

However, you can only file a third-party lawsuit under certain circumstances, such as when:

• Your serious injury exceeds the threshold of severity defined by New York laws
• Your medical expenses surpass the specified limit
• You suffered significant pain and suffering
• You will have ongoing treatment for your accident-related injuries

By seeking the guidance of a skilled attorney experienced in handling personal injury cases in no-fault states, you can protect your rights and pursue the full extent of compensation available to you.

Before the statute of limitations ends

In New York, there is a time limitation, known as the statute of limitations, for filing claims related to motor vehicle accidents. Individuals involved in motor vehicle accidents must be aware of this time constraint and take prompt action if they intend to pursue a lawsuit. Failing to file a claim within the statute of limitations can result in the loss of the right to seek compensation for injuries or damages sustained in the accident.

Seeking legal advice from Hill & Moin and initiating the claims process promptly after a motor vehicle accident can ensure that you preserve the opportunity to see an excellent outcome for your car accident case.

Before accepting an insurance company settlement offer

A settlement offer might seem attractive at first glance. Yet, these offers could fail to cover the cost of your full recovery. Why not seek legal counsel before signing away your rights?

A car accident attorney can assess the real value of your claim. Then, he or she can communicate with the insurance company, negotiating based on the specifics of your case. At Hill & Moin, our lawyers advocate for car accident victims, pursuing fair and just compensation for your losses.

Aim for Maximum Compensation

Crashes can throw your life off track, but it does not have to remain that way forever. Consulting a law firm can help you avoid potential pitfalls and ensure that you fully understand your rights and options before making any decisions that could impact your legal claim.

At Hill & Moin, we offer risk-free consultations so car accident victims can understand their insurance coverage and take full advantage of their no-fault benefits. Call (212) 668-6000 to schedule your free appointment and learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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For many, Friday evening is the most anticipated time of the week, especially in a bustling city such as New York with so much to offer and experience. To kickstart his weekend, S. Calukovic had rented a moped through a popular ride-share service. He was on his moped lawfully heading straight through an intersection when suddenly, a distracted driver making an illegal U-turn smashed into him causing a severe collision.

Stunned by the impact, S. Calukovic returned home but it was not long before the gravity of his injuries became unavoidably clear. He urgently sought medical care, where his treatment team immediately confirmed that he had fractured ribs and sustained soft tissue injuries to his neck and back.

Feeling helpless, S. Calukovic began to browse the web for solutions when a providential Google search brought him to Hill & Moin. When surveyed, he reflected on his “fantastic” 5-star experience working with Attorney Eric Wittels. S. Calukovic went on to admire the clarity and ease of communications, noting that events and details during his case were always brought to his attention concisely and consistently.

Ready to move on, S. Calukovic looks forward to building his savings and investing in his financial future.

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A.O. was a passenger who was injured in a motor vehicle accident that had occurred on a highway exit. She suffered injuries to her shoulders and left knee and was transported by ambulance to a nearby hospital for immediate treatment. As a result of her injuries, A.O. underwent surgery and months of physical therapy.

A.O. had spoken with a former client of Hill & Moin who recommended that she contact their office. She called Hill & Moin, conducted an intake and set up an appointment for her to come to their office and meet with the partners. The attorneys explained the legal process, answered her questions, and began working tirelessly on her case to achieve the best possible resolution. Their hard work paid off and A.O.’s case was settled for $350,000.

When A.O. was informed of the news, she was elated and could not wait to pick up her settlement check. She thanked Hill & Moin for their excellent representation on her case. A.O. was very pleased with the professional services of Hill & Moin and commended their communication as fast and extremely responsive. A.O. plans to use her settlement proceeds to purchase a home or invest in her children’s future.

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