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Get Help From a Car Accident Lawyer Near You
The car accident lawyers at Hecht, Kleeger & Damashek, P.C. have recovered millions of dollars for people who have been injured in motor vehicle accidents. We understand you are likely concerned about medical bills, car repair or replacement cost, time off work, insurance claims, and more.
You do not have to handle everything yourself. From our law office in Manhattan, our NYC car accident attorneys will help answer your questions, ease your stress, and fight for the money you deserve.
Thousands of car accidents occur in New York City and Manhattan every month. Many of those involve other motorists, passengers, cyclists, and pedestrians.
Car accidents in New York City are on the rise. In addition to regular traffic, taxis and rideshare companies have brought more cars and drivers into the city than ever before. You can view up to date information about crashes at the New York City Open Data website.
Some of the most dangerous roads in New York City include:
Upper Broadway in Manhattan
Henry Hudson Parkway in Manhattan
Hempstead Turnpike in Long Island
Sunrise Highway in Long Island
Jericho Turnpike/Middle County Road in Long Island
Broadway in Bronx
Grand Concourse in Bronx
Neptune Avenue in Brooklyn
Woodhaven Boulevard in Queens
Hylan Boulevard in Staten Island
How Is Evidence Gathered After A New York Car Accident?
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Video Highlights
Learn how we can help recover compensation after a car accident in New York.
Video Transcript
Following a car accident in New York, our investigator will get the police report and then follow up on that police report ... by contacting the witnesses, canvassing the neighborhood for other witnesses that are not included on the police report, and we'll also try to see if the accident was caught on any type of surveillance video in the neighborhood.
Other contributing factors included road rage, alcohol, drugs, driver inexperience, failure to keep right, drowsiness, falling asleep, illness, medication, using a cell phone, using a navigation device, passenger distraction, eating and drinking, and confusion with a bicycle, according to the New York Police Department (NYPD).
Common Injuries from Car Accidents
We handle car accident cases involving all types of injuries. Some of the most common injuries from car accidents include:
If you are involved in a car accident, you should immediately contact a New York personal injury lawyer. However, you may also need help with the following:
Seek medical attention from a doctor immediately. Although you might feel good after the accident, symptoms such as pain, discomfort, dizziness and numbness can surface in the following days. Seeking medical attention as soon as possible helps strengthen any personal injury claim you may file.
Document everything
Take notes regarding injuries and medical treatment to make sure you can obtain full reimbursement from an insurance company. Write down names of physicians, physical therapists, chiropractors and other professionals you visit. Start a file for receipts and other related paperwork. Keep a journal about your injuries and treatment and write detailed notes.
Keep proof of financial loss, including lost wages and work opportunities.
Take photos of the car accident scene
Take numerous photos of the crash location, including stop signs and traffic lights, in addition to photos of damage to your vehicle.
Obtain names and contact information of witnesses
Witnesses could play a crucial role in helping you make a strong claim. Make sure to talk to anyone who could have information on your crash so they can help you secure the compensation you deserve.
We will listen to your story and ask questions to piece together what happened. Once your lawyer has an overview of your situation, they can give you a good idea of whether you have a strong claim for compensation and the possible value of your damages.
How Our NYC Car Accident Lawyers Can Help
Once you enlist the help of a car accident lawyer, they will:
Investigate the Accident
We thoroughly investigate car accident claims. As the person claiming compensation, you must prove what happened. You have to establish that another driver was negligent and caused your injuries.
We gather the police report, photos, videos, your statement, eyewitness testimony, and expert opinions to get the evidence you need. Your NYC accident attorney can help you understand more about negligence and liability in personal injury cases.
Send a Demand Letter to the Liable Party
Once we know who caused the crash and the extent of your injuries, we will send a demand letter to the liable party or their insurance company. The letter will demand that this party takes responsibility for their actions and the harm they caused you.
We will calculate the value of your claim and make a specific financial demand in the letter.
Negotiate with the Insurance Company
As your case progresses, the insurance company may make you a settlement offer. Their first offer is never the best. Make sure not to give them information without consulting your car accident lawyer. They could use your statements against you later on.
Your attorney will negotiate with insurance adjusters, show them your losses, and demand a fair settlement.
File a Car Accident Lawsuit
Even if you expect to settle your case, filing a personal injury lawsuit is common. This allows your accident attorney to use the discovery process to obtain evidence and documents from the insurance company and the person responsible for your crash.
Obtain Compensation
The goal is to obtain the financial compensation you deserve. Most cases will do that through a car accident settlement, but if we have to go to trial, we will handle the jury, motions, and all other aspects.
New York Auto Insurance Requirements
All registered vehicles in New York must be covered by:
Personal Injury Protection (PIP): This no-fault insurance covers your reasonable and necessary medical expenses, up to 80% of your lost wages, certain reasonable and necessary expenses, and death benefits. New York requires you to carry a policy of at least $50,000 per person.
Liability Insurance: This covers bodily injuries and property damage you cause other people. New York requires you to carry a policy of at least $25,000 for bodily injuries or $50,000 for any death of one person, and $50,000 for bodily injury or $100,000 for fatalities per accident.
Uninsured Motorist: This covers bodily injuries in crashes in which the at-fault driver does not have liability insurance. The minimum policy limits are the same as for liability insurance, 25/50.
New York Is a No-Fault State
New York is considered a no-fault insurance state, which is why it requires PIP insurance. After a car crash, you must use your insurance to primarily cover your medical bills and lost wages. But if you suffer a severe injury in a New York crash, you can file a third-party insurance claim or personal injury lawsuit against the negligent driver. You can demand compensation for additional medical bills, expenses, pain and suffering, and emotional distress.
New York City Car Accident Settlements
Many personal injury cases settle before trial and motor vehicle cases are no different. When negotiating car accident insurance settlements we consider your past and future expenses, lost income, and pain and suffering. We take everything into account before we recommend you say yes to a settlement. When you receive a settlement, it will be in a lump sum or payment plan, which you will use to pay your legal fees and medical bills.
Who Can Be Liable in NYC Car Crashes?
In order to win a settlement in your car crash case, you must determine who was liable and prove they were at fault for your accident and losses.
Finding the liable party means you need to prove the defendant was negligent. You’ll need to prove the elements of negligence, basically showing that the other party breached their duty of care and you were injured as a result.
This negligence might manifest as a failure to follow traffic laws, distracted driving, or impaired driving, among other behaviors.
Proving Negligence in NYC Car Crashes
Evidence such as police reports, witness statements, traffic camera footage, and accident reconstructions are critical in demonstrating this fault. Additionally, statements from the drivers involved and expert testimonies can further bolster the case.
Comparative Negligence in NYC Car Crashes
The defendant does not have to be 100% at fault for you to win compensation. New York follows a pure comparative negligence rule.
The insurer assigns fault, or if you go to trial, the jury. However, your compensation is reduced by your percentage of fault.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
The insurance company and negligent driver might refuse to settle the case after receiving the demand letter. To pursue compensation and show them we are serious, we will file a personal injury lawsuit. Going to court allows us to use the discovery process and gather more information. Learn more about the complex personal injury lawsuit process.
Some of the courthouses that we frequently work in include:
How Long Do You Have to File a Car Accident Claim in New York?
There is a time limit for how long you have to file a personal injury lawsuit. In New York, you have three years from the date of the car crash to file a lawsuit in most cases. This deadline applies only to lawsuits, not insurance claims. If an accident involves a municipality, the statute of limitations may be shorter.
Defenses in Car Crash Claims
When you file a car accident insurance claim or lawsuit, the defendant will likely fight back. If the defendant is insured, then their insurance company will provide defense lawyers.
These lawyers will argue that the defendant was not negligent. They might argue that you or someone else was to blame. They can also argue that their client did not breach their duty, or that the crash was caused because of an emergency condition.
Compensation in New York City Car Accident Cases
Working with an experienced car accident lawyer will help you win the best results possible in your claim. An accident attorney is more likely to get the claim decided in your favor and get you more money than you would without a car accident attorney.
Our Car Accident Lawyers Can Help Get Compensation For:
Victims of car accidents in New York City can seek compensation for a wide range of injuries. It’s possible to pursue economic and non-economic damages.
In some cases, you could pursue compensation if a loved one is killed in a car accident. Working with a New York City car accident attorney can help you calculate the value of your claim.
Understanding Economic Damages in Car Accident Claims
Economic damages are physical losses you suffer because of your car crash. You can pursue a claim to recover compensation for current and future medical expenses, lost wages, damaged property, and possible future earnings.
What Are Non-Economic Damages in NYC Car Crash Claims?
Non-economic losses are damages you suffer because of your physical injuries. They include concepts like pain and suffering, mental anguish, emotional distress, disfigurement, loss of consortium, and loss of quality of life.
How do I Calculate My Car Accident Claim’s Value?
Your claim will hinge on the total impact of all of your damages. Calculating your economic losses is relatively easy. You can use items like bills, receipts, and pay stubs to prove your losses.
Non-economic damages are less straight-forward. They can vary from case to case, and a car accident injury lawyer is typically the best asset to calculate the full extent of your losses.
Can I Receive More Compensation Than What Is Provided By Insurance?
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Video Transcript
There may be another case, like there's a car accident and there's a roadway design issue. So you have to be able to think, why did this accident happen? ... Is there a homeowner that didn't trim, you know, bushes or tree branches, obfuscated a stop sign, and a driver just went through the stop sign. Turns out the homeowner was aware that their bushes were blocking the sign. Right. So we sued the homeowner as well. So then when there was a limited policy on the car, we're also able to get a lot of money from the homeowner because they also contributed to the accident.
Can I Leave the Scene if I’m Not Injured and My Car is Not Damaged?
Leaving the scene of an accident without handling the steps related to that accident is known as “hit-and-run”. This type of behavior may result in felony charges.
What Information Should I Gather from the Parties Involved in the Car Accident?
Names, contact information (cellphone, address, etc.), insurance information, license plate numbers, and driver’s license numbers are key information you’ll need if you want to file a claim later.
What is the Role of a Police Officer in an Accident?
The role of an officer is extremely important. Not only he or she will mediate the situation, but the officer will also file a crash report about the incident that will later serve as an official document proving that the accident occurred. This report is also trusted by insurance companies as a basis for filing claims. The police will interview any witnesses and take notes of the state of the road and other conditions that might have caused the accident.
What Evidence Should I Collect at the Accident Scene?
Contact information, photos of all vehicle damage, a list of physical injuries, and you should note the condition of the road. All of this information will make a difference in a future potential claim. Being in a motor vehicle accident is stressful and traumatic. If you or a loved one is injured in a car accident, contact us immediately for a free consultation. We will analyze your case and explain you your legal rights.
What Do I Do If the Other Driver Doesn’t Have Car Insurance?
If you are involved in a crash where the other driver doesn’t have car insurance, you still have options. You may be able to recover a significant amount of money from your own insurance company through an uninsured motorist policy. You can also sue the other driver and force them to pay for your medical bills and other losses.
What If I’m the Victim of a Hit and Run?
If you are in a hit and run accident, you might be hurt and very confused. Even if you have no idea who hit your car, you may still have options for compensation. You should first call the police, then get contact information from any witnesses. Document the scene by taking pictures and note any security or traffic cameras. Your attorney can help you with an uninsured motorist claim through your own insurance, and we will do our best to find the person responsible.
What Should I Do About My Medical Bills After an Accident?
You will likely have medical bills after an accident. This would include bills for emergency and ongoing care. You shouldn’t have to worry about these bills while your claim is ongoing. We will contact your providers and get them to wait for payment. If your health insurance has paid for any of your treatment, they may want you to repay them once you get a settlement. However, we can also talk to them about relinquishing that demand.
How Long Does It Take To Settle A Car Accident Case?
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Video Transcript
Trials can last all different times. We've had some trials last a few days ... [and] we've had some trials last a couple of months, so it depends on the facts of the case.
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Schedule a Free Consultation with a New York City Car Accident Lawyer Today
When you get hurt in a car crash, you should have help winning compensation. Working with an experienced car accident lawyer in New York will help you prove your case. The insurer or jury is more likely to decide in your favor when your case is well investigated and presented. A lawyer also will maximize the final compensation for your damages.
To talk with a seasoned New York car accident lawyer about your options, call (212) 271-4156. You also can submit your information through our online form to request a free initial consultation.
