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A serious New York City car accident can turn your life upside down in the blink of an eye. If you sustained significant injuries, or if others were hurt, you could be feeling traumatized and overwhelmed. You may also be worried about how to focus on your recovery while, at the same time, continuing to take care of your family financially.

If you believe you are being unfairly blamed for the car accident, you may have legal recourse to dispute fault. You should never be held legally liable for an accident you did not cause. A trusted car accident lawyer can help you sort out the details and fight for a fair resolution to your insurance claim or personal injury lawsuit.

At the New York law firm of Hill & Moin LLP, our attorneys do all we can to ensure that each of our clients receives the justice he or she deserves. In practice since 1980, our professional and compassionate legal team prides itself on standing on the side of New York accident and injury victims.

Disputing fault after a collision can be complicated, but having an experienced car accident lawyer on your side can ease your stress and bring you peace of mind. Call (212) 668-6000 to schedule a free case evaluation today and learn more.

Fault Finding After a Car Accident

After an accident, the car insurance companies will assign an insurance adjuster to investigate the circumstances of the collision to determine who was at fault.

The insurance adjuster will likely take the following steps:

1. Speak with everyone involved in the accident. The adjuster will want to speak with you, the other driver, and any passengers or other eyewitnesses to the crash.

1. Inspect the vehicle damage. The type and extent of the damage can be telling in determining how the accident took place and who caused it.

1. Examine relevant documents. Documents such as photos of the accident scene, the police report, traffic citations, and medical treatment records can be used as conclusive evidence in determining fault in a car accident.

At times, the insurance company gets it wrong and assigns fault to an innocent party. If you feel this is true in your case, don’t give up. There are concrete steps you can take to dispute car accident liability.

Ways to Dispute Fault in a Car Accident Case

Disputing fault in a car accident case is not always easy, but it absolutely can be done. There are multiple steps you can take in order for the at-fault decision to be reevaluated by the insurance company and others.

Dispute the findings of the insurance company

If you believe you have been wrongly attributed fault for a car accident claim, notify the insurance company immediately. Make a phone call and follow up with a letter or email. Tell them that you disagree with their finding of fault and intend to take further action against them.

You may need to submit additional evidence that you did not cause the accident. By voicing your disagreement, there will likely be further investigation of your case. The insurance company may potentially revise its earlier decision.

Request that the police report be amended

If you disagree with the police report from the scene of the accident, try to speak with the investigating officer. It is in your best interest for the police officer to hear your side of the story first-hand. The officer might be able to clarify the initial accident report or add an addendum after speaking with you.

Contest any traffic violation you received over the accident

It may be that the insurance company found you at fault because you got a traffic ticket or citation in connection with the accident. If this is the case, you must dispute the ticket in court.

Even if you don’t win in court, the fact that you were willing to fight the ticket shows the insurance company how serious you are about disputing the at-fault decision.

Contact the insurance regulatory body

If the insurance company ultimately refuses to review your case, you should contact the New York State body overseeing insurance affairs. There are federal and state laws in place to help New York residents resolve liability claims.

Contact the insurance regulatory body in writing. They will then send an independent investigator to review your case.

File a personal injury claim

New York is a no-fault state when it comes to car accidents. Put simply, in no-fault states, there are systems in place to ensure that drivers carry medical insurance coverage for persons injured in a car accident. The no-fault system does NOT mean that nobody can be held responsible after a car accident.

As a New York driver, if you are involved in an accident and believe you are not at fault, you can file a personal injury claim with the insurance company. Both you and the other driver may need to dispute fault for the accident in writing. You can win the personal injury claim if you can submit enough evidence proving that the other party involved was negligent and at fault.

Contact a car accident lawyer for help

It can be frustrating and nerve-wracking when drivers, insurance adjusters, and even police are contradicting your version of events. Insurance companies tend to pressure accident victims into admitting fault for traffic collisions they did not cause. An experienced accident attorney, though, will not be intimidated by professional investigators and insurance adjusters.

A knowledgeable car accident lawyer can guide you through the claims process. Further, he or she is prepared to handle settlement negotiations with the insurance companies on your behalf.

Insurance law and car accident injury claims can be complex. If the other driver’s insurance company files a liability claim against you, and you thus need to dispute liability for a car accident, you should immediately contact an attorney to advocate on your behalf.

Taking these steps, listed above, will strengthen your case as you seek to dispute fault in a car accident claim and appeal the insurance company’s decision.

Evidence Needed to Dispute Fault in a Car Accident

In order to win a personal injury claim, you will need to present evidence proving that the other driver was at fault for the car crash.

The following can be used as evidence that the other driver caused the accident:

• Photographs of where the accident occurred and the scene afterward
• Video footage of the car crash from traffic or surveillance cameras
• Witness statements, including those who did not see the accident take place but can testify to the conditions immediately after the crash
• The extent of damage and point of impact on your vehicle
• Medical records of the type and extent of injuries sustained
• Accident debris
• Police reports

Fault determination in the aftermath of a serious car accident can be tricky. At Hill & Moin LLP, we help take care of investigating your claim and sorting the evidence so that you can focus on your recovery. If we take on your case, our empathetic and results-oriented personal injury lawyers will work aggressively to resolve the fault allegations against you, thereby securing your future.

Hire New York Accident Lawyers Who Care

Sustaining serious injuries in an auto accident is traumatizing in itself. Being unjustly accused of causing the collision, on top of everything else, could feel like too much to bear. If you find yourself in this situation, rest assured that it is possible to successfully dispute fault and get financial compensation for all you have gone through.

No one should have to go up against insurance companies alone. An experienced and compassionate car accident lawyer is the advocate you need during this stressful time. At Hill & Moin LLP, we like to consider ourselves as “your lawyers in the family.” In fact, that’s how some of our clients have described their experience of working with us.

With over 40 years of experience behind us, the legal team at Hill & Moin has proudly dedicated our careers to successfully litigating serious personal injury and accident claims of New York residents.

If you or a loved one is disputing fault in a serious New York car accident, please contact a knowledgeable car accident lawyer as soon as possible. You deserve a personal injury attorney who is committed to helping accident victims resolve unfair cases.

The know-how we offer can only strengthen your claim. An experienced attorney will be able to dispute fault and work to secure financial compensation on your behalf. That way, you can afford to treat your injuries, continue to support your household, and contentedly move on with your life.

We recognize that this is likely a very trying and difficult time for you and your family. We believe that every accident victim should have the confidence to pursue his or her legal remedies for full and just compensation. It is our mission to help you throughout the entire legal process, ensuring that all possible recourse is taken and no deadlines are missed.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work because we know how to investigate and skillfully dispute fault in car accident cases. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 for a free consultation today. 

Don’t wonder about your rights!

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Some car accident victims can recall specific scenes of an auto collision years after the event; they might even describe it as happening in slow motion. The day of a car accident might seem like a blur for other survivors. Some remember nothing about hours or even days following their trauma.

At Hill & Moin, LLP, we realize that car accidents affect everyone differently. Some clients file a personal injury claim right away, while others need more time to act.

Our New York City legal team is ready to fight for your rights as soon as you decide to hire our compassionate accident lawyers. Yet, the strict New York deadlines determine how long after a car accident you can claim compensation for your injuries.

Learn how much time you have left to recover compensation for your accident injuries. Contact us anytime at (212) 668-6000 for a free case review. 

When Seeking Medical Attention After an Accident

Ensuring your car is in a safe spot is one of the first things you should do after a car accident. Put on your hazard lights and park along the shoulder or in a parking space.

Was anyone hurt in the accident? Call 911 for immediate medical assistance.

What if everyone seems to be fine? There is a good reason to make the call, even if no one seems to have experienced serious harm.

First, New York state law requires accident reporting for incidents resulting in certain amounts of estimated property damage. You can obtain an estimate from a professional auto body shop or a mechanic.

Secondly, a police report could be crucial evidence in your personal injury case. The traffic enforcement officer can note essential details about the accident scene. If you take advantage of emergency services, you also establish an official accident record. Later, an experienced attorney could access your accident report and medical records to build a solid personal injury claim.

Understanding State-Imposed Deadlines

The New York statute of limitations requires all car accident cases to begin before specific deadlines expire. Once the time runs out, you will not be able to seek compensation.

The time limit varies based on the age of the injured person and the circumstances surrounding the car accident. For instance, you might only realize the severity of your injuries after some time has passed since the accident. This may or may not be considered to be a factor that should influence the statute of limitations.

When Injuries Become Apparent Later

If you don’t call 911, get professional attention from an urgent care facility or your primary physician as soon as possible. The symptoms of some medical conditions are hard to detect.

Notice what medical journals reveal about the following injuries:

• Diffuse axonal injury (DIA) is the tearing of the brain’s connecting nerve fibers as the brain shifts during an injury. One research work states that “DAI is extremely difficult to detect noninvasively,” yet it “is one of the most common and important pathologic features of traumatic brain injury.”
• MRI aids in the early detection of “difficult-to-detect osseous injuries.” Osseous refers to bone injuries like bruises and fractures.
• Hernias of the diaphragm are “a common injury and marker of severe trauma.” One article reveals that “diaphragmatic rupture is of serious associated injuries which, unfortunately, is itself often occult [hidden].”

The symptoms of other traumatic accident injuries are slow to appear. Whiplash is a famous example. This soft tissue injury is caused by sudden bending of the neck in an accident.

According to the National Institute of Neurological Disorders and Stroke (NIH), the following whiplash symptoms might delay for days:

• Burning or prickling sensations
• Dizziness
• Fatigue
• Headache
• Joint, disc, ligament, and muscle injury
• Memory loss
• Pain
• Stiffness
• Trouble sleeping

Whiplash victims usually recover within a few months after the accident. However, some might experience pain and headaches for much longer.

Other medical conditions that might not show immediate symptoms are:

• Blood clots
• Brain swelling
• Concussion
• Internal bleeding
• Stroke
• Vision problems

The preceding are just a few examples of life-threatening bodily injuries that could go unnoticed until it is too late. Don’t rely on “feeling fine.” Stress hormones released during the accident and shock can mask physical and emotional pain.

Even physicians rely on X-rays, CAT scans, and other diagnostic testing to diagnose serious health issues. Get the medical care you need as soon as possible in the days following the accident. This is vital to your health and eligibility for your personal injury claim, especially since the statute of limitations is not likely to be made an exception for your car accident case.

Meeting Insurance Company Requirements

New York is a no-fault state. Therefore, the payment of car insurance claims does not always fall to the at-fault party.

In general, your Personal Injury Protection (PIP) would pay for the following:

• Reasonable accident-related medical bills and rehabilitation expenses necessary for recovery
• A percentage of lost wages per month for no longer than a few years from the date of the motor vehicle accident
• A limited daily amount for car crash expenses, such as transportation for healthcare and household services, for up to a year or so from the date of the car accident
• Death benefits, payable to surviving family members or the estate of the deceased, in addition to the no-fault limit

Many people opt for liability insurance covering bodily injury and damage to personal belongings if they are responsible for an auto accident.

You should promptly report New York car accidents to your insurance company and the police. If you fail to submit your written car accident claim in a timely manner, you have to provide “clear and reasonable justification for late filing.” This is actually one of the most common mistakes made by victims of car accidents.

An auto insurance policy establishes a significant relationship between the driver and the insurance company. Yet, many people never read it. Complicated language and confusing terms often make it challenging to understand how to report a car accident and file an insurance claim.

At Hill & Moin, many clients appreciate that our car accident lawyers treat them as their own family members. Why not bring your insurance contract to your initial consultation? We would be pleased to let you know if you have a car accident case.

Filing a New York Personal Injury Lawsuit

Medical bills can reach tens or hundreds of thousands of dollars quicker than you might imagine. Since each car insurance claim has a maximum payout, you might be left in debt if you rely on PIP coverage alone for your treatment costs.

A personal injury attorney can help reach financial recovery. Our law firm is dedicated to seeking compensation for qualifying car accident victims. We often begin by negotiating with the car insurance company responsible for the claim.

Unlike a PIP injury claim, the at-fault driver or the liable party is responsible for all losses caused. A car accident attorney must prove his or her liability in a personal injury or wrongful death claim.

This legal process could involve:

• Negotiating with the insurance provider
• Investigating the car accident
• Gathering evidence to establish causation, liability, and damages
• Interviewing witnesses and experts
• Documenting and valuing your losses
• Calculating lost wages and disability payments
• Evaluating non-economic damages like pain and suffering
• Settling property damage claims for the motor vehicles or electric vehicles involved in the car accident

These steps take time. Yet, the State of New York requires you to take legal action within only a few years of the accident. Once the deadline expires, you cannot file a claim or lawsuit.

Why lose out on your rightful compensation? Certain factors can affect how long it takes to recover compensation for your car accident from an insurance company. So, the earlier you contact a personal injury attorney, the more time you give your legal team to strengthen your personal injury case.

We would like to hear about your auto accident. Are you eligible for a personal injury claim? Please send us a message today, and a representative will get in touch shortly.

Recover Compensation While There Is Time Left

Car accident injury claims have the power to change lives. Why let a time limit rob you of your financial health? At Hill & Moin LLP, our law firm has a record of extraordinary results and client satisfaction.

You probably realize that a personal injury attorney could help you to seek significant compensation for your medical expenses, lost income, and other damages. Are you hesitating because you fear attorney’s fees will only add to your family’s financial burden? At our law firm, we are ready to provide you with a free consultation about your car accident injury claim.

Best of all, you can benefit from the legal counsel of a personal injury attorney without paying upfront fees. Upon a successful outcome, your legal costs would come from your financial compensation award from the liable party.

Don’t worry about your rights! If you were in a car accident in New York, contact us at (212) 668-6000 to schedule a free appointment and discuss your Personal Injury Recovery SolutionsⓇ.

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S.R. had finished her day at work and was heading home. She had taken the train to Times Square and began crossing the street in the crosswalk when a vehicle struck her. The impact of the collision caused S.R. to fall to the ground and left her unable to stand up on her own. An ambulance was immediately called, and she was taken to the nearest hospital. This accident resulted in S.R. suffering multiple soft tissue injuries to her back, shoulder, and hip.

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Sarah O. was on her way to work while sitting in the back seat of her coworker’s vehicle. She had no idea that one ride was going to change her life forever. Frighteningly, Sarah O. and her coworkers were impacted by a vehicle traveling at an unsafe speed of 100 MPH! The high speed caused catastrophic injuries to the vehicle occupants, sending everyone in the vehicle to the emergency room. Upon arrival at the hospital, Sarah was found to have head, hip, and elbow injuries that kept her confined to bed for almost 2 months.

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J.M. was driving with his mother in Queens, NY. While waiting for the red light to change, J.M. was unexpectedly rear-ended by another vehicle. Due to the intensity of the impact, J.M suffered injuries in his neck, back, and legs. J.M’s new routine now included recurring physical therapy and doctors’ appointments, in an effort to one day reach a point where he no longer will be in constant pain and discomfort.

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Mr. Fritzner Felix was the driver of a vehicle that was involved in a head-on collision between the intersection of Flatbush Avenue and Alton Place in Brooklyn.

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M.T-A. was a passenger in a vehicle that was on the Brooklyn-Queens Expressway. There was heavy traffic at the time. Another vehicle rear-ended the vehicle she was in and as a result, she suffered neck pain, head pain, back pain, a partial tear in her left shoulder and a torn left meniscus that required surgery.

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C.R. was driving his electric scooter westbound on East 149th Street. A vehicle that was parked attempted to exit its parking spot and appeared to attempt a U-turn. This attempt resulted in a collision due to C.R. not having enough time to slow down or go around the vehicle. Police and ambulance were called to the scene. This accident resulted in C.R. suffering a dislocated right hip that required immediate hospitalization, surgery, and months of physical therapy.

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G.D. had finished working his afternoon shift as a hard-working restaurant worker and stopped by a deli to buy some beverages. He then headed home. He began to cross the street when a garbage truck that was going in reverse struck him. With great horror, G.D. was caught by the front of the truck and dragged to the next intersection. G.D. was catastrophically injured, losing his right leg below the knee.

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A.P. had finished working out at the gym and began to head home. He was walking down the street when a swerving vehicle drove onto the sidewalk and struck him. A.P. suffered a fractured knee requiring hospitalization and surgery.

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