Despite the increase in safety features like lane departure warnings and forward collision prevention, there are many automobile crashes each year in New York State. Thousands of innocent people are killed or injured each year in car crashes because of the careless and negligent driving of others. If you have been involved in a car crash, there are several things to keep in mind.
First, New York is a no-fault state when it comes to accidents involving cars. Accident victims are entitled to insurance benefits to cover the costs of their medical expenses or any loss of wages associated with a collision, no matter who was responsible for causing the crash. This is very helpful for crash victims. However, the no-fault laws also require that victims must meet a certain threshold of damages or establish that an injury is “serious” to be able to recover money for pain and suffering. Often, the insurance companies for the drivers that cause the crash will argue that it does not have to pay the victim pain and suffering money because the victim’s injuries do not fit the legal definition of “serious” as defined by the the no-fault laws. Because of this, it is important to have an experienced car accident lawyer working on your side, fighting to prove to the insurance companies and their lawyers that the injured person’s injuries ARE serious. Ben Rabin has spent over 20 years fighting for his injured clients, working to prove all the elements of the “serious injury” requirements in auto crash cases and obtaining pain and suffering money for the victims.
Next, many times, the cause of the crash is disputed by the insurance company even when that vehicle was clearly at fault. When this happens, it is important to perform an investigation right away. Obtaining witness statements, 911 call recordings, surveillance video and other evidence can mean the difference between proving a case and ending up in a courtroom with a “he said/she said” battle that can go either way. Ben has investigators working for him, and the experience to know how to use them. He reads the police reports right away, looking for anything that will be helpful to prove the case. He orders photos, gets witness statements and does any investigation that may end up necessary to confront an insurance company and its tactic of fighting over who caused a crash.
Ini addition, property damage is something that needs to be addressed immediately after a crash. Which insurance company will pay for towing and storage of a damaged car? Will there be rental coverage while repairs are made? How is it determined if the car should be fixed at all, or just replaced? What about items in the car, including iPhones, tablets, glasses and other items that can be destroyed in a crash? It is important to get legal advice right away to determine how to best approach these problems. Ben has spent over 20 years dealing with the property damage issues in car crashes, and can help if this has happened to you.
These are just some of the issues that car crash victims face. Call Ben for a free consultation and let his experience guide you through these difficult issues.