Car Accidents

Crash test dummy knows to call a NY car accident lawyer at 1-800-HURT-911®

1-800-HURT-911® NY Car Accident Attorneys

Who Pays My Medical Bills And Lost Wages In A Car Accident?

New York State law says No-Fault must pay your medical bills.

What is New York no-fault law?  Think of it as health insurance and disability insurance when you are hurt in a car accident.

No-Fault pays for:

  • Hospital bills
  • Medical bills including medical doctors, chiropractors, dentists, plastic surgery
  • Radiology including  X-Rays and MRI
  • Physical Therapy
  • Drugs
  • Transportation to doctors
  • Household help
  • Lost wages/income

No-Fault has nothing to do with who is at fault for the accident or whether you are entitled to money for pain-and-suffering.

You only have 30 days to file a No-Fault application and it’s better for your case to let us fill it out it for you.  Medical bills must be submitted within 45 days.

We will do all of the No-Fault work for you at no charge!  We will also get your lost wage disability payments for you at no charge!

Please call us 7 days/nights at 1-800-487-8911
Yes, you can speak with a Partner, even after hours!

Can I get More Money Than The Car Insurance Of The Other Car?

Yes. You may be able to file an underinsured claim that can get you more money. You have only 90 days or a reasonable amount of time to file an underinsured claim so please call us immediately for a free consultation 1-800-HURT-911 — 1-800-487-8911

If you live with a relative who owns a car, you can file an underinsured claim with your relative’s insurance company. Your relative’s insurance company can NOT increase your relative’s insurance policy premium if you file a claim!

We can also conduct an asset search of the defendant’s assets to see if there is more money to get.

It may take time to properly investigate your claim, so don’t wait!

What If The Car That Caused The Accident Has No Insurance?

If the car that caused your car accident had no insurance, you can still get money for pain and suffering by filing an uninsured claim.

You have only 90 days or a reasonable amount of time to file an uninsured claim so please call us immediately for a free consultation 1-800-HURT-911 — 1-800-487-8911

What If The Car That Caused The Accident Was Stolen?

If the car that caused your car accident was stolen, you can still get money for pain and suffering by filing an uninsured claim.

You have only 90 days or a reasonable amount of time to file an uninsured claim so please call us immediately for a free consultation 1-800-HURT-911 — 1-800-487-8911

How to Get Paid 9% Interest on Your Personal Injury Settlement

You may be able to obtain 9% interest on your award if we win Summary Judgment!

Summary Judgment is where the court rules early in the case that the other driver was 100% at fault. We can file a Motion (request) for Summary Judgment in the following situations if your car was hit:

  • in the rear
  • by a car making a left turn
  • by a car which ran a red light
  • by a car which ran a stop sign
  • by a drunk driver
  • by a driver on drugs
  • by a distracted driver; and other reasons

If we win a Motion for Summary Judgment, that means we got a court judgment declaring the car was 100% at fault and the insurance company will then be liable to pay you 9% interest on your award. Interest begins to run from when the court awards Summary Judgment.

Many lawyers don’t bother to file Summary Judgment motions because it’s too much work. We think it’s well worth the time!  When you are awarded 9% interest, the insurance companies want to settle quickly and pay more.

Punitive Damages

We sued for $500 Million including punitive damages when our client’s car (below) was broadsided by an SUV which ran a stop sign while drag racing.  Our client was seriously injured and airlifted by helicopter to a hospital.

Punitive damages are not covered by the defendant’s car insurance and must be paid from the defendant’s personal income and assets. We’ll do an asset search to find real estate, cars, boats, planes, and other assets owned by the defendant. 
car with damage when broadsided by an SUV

Our client had multiple fractures requiring many surgeries because of the injuries he sustained when he was a passenger in this car which was hit by a drunk driver.
Car wrecked by drunk driver

Proving You Have a Serious Injury In a Car Accident

If another lawyer isn’t sure if he or she wants to take your case because your injury may not be serious, we want to represent you! We know how to prove injuries are serious.

NYC car accident injury

While it’s not obvious to people what a lawyer would consider to be a serious injury, injuries in car accidents are more difficult to prove serious.  New York State No-Fault law states that you can not sue for an injury in a car accident unless it is a “legally defined” serious injury!

A “legally defined” serious injury is not an injury that you or your doctor think is serious.  Think of it as an injury that is legally accepted by the court as serious. If more judges had accidents, this probably wouldn’t be a problem!

This is known as the New York serious injury threshold.  You should know that it is only required to prove that an injury is serious in a car accident.  This is not required in motorcycle accidents or any other type of accident.

What many people, including some attorneys, do not know is that once you have a broken bone or another serious injury, you can get money for all your other injuries which are not legally serious.

What constitutes a “legally serious” injury is extremely confusing and difficult to understand even for many personal injury lawyers.  Many lawyers have had cases with injuries requiring shoulder, wrist, knee, and back surgery dismissed by courts.  Those clients had their case thrown out of court and they got nothing!

Many court decisions dismissing cases state that the plaintiff failed to prove the injury was serious.  Often, this means the attorney failed to prove that the injury is serious.

While other attorneys often send their clients to defense medical exams alone, we go with you and bring an orthopedic surgeon to your orthopedic exam and a neurologist to your neurology exam to observe the insurance company doctors. Our doctors write reports of their observations which can prevent your case from getting dismissed.

Soft Tissue Injuries

Injuries requiring surgery but without a broken bone, are very serious injuries that are difficult and complicated to prove that they are “legally serious”. If your attorney and doctor do not properly document the diagnosis and treatment of your injury, your case will be dismissed because of the plaintiff’s failure to prove that it is a serious injury, even if you had surgery!

Do you think your knee injury, shoulder injury, back injury, or neck injury is serious?  We say YES!

The photo below shows a car that was struck at an intersection in the Bronx by another car that ran a stop sign.  One of our clients had a knee injury with arthroscopic surgery and our other client did not have any surgery or significant treatment.

In this Bronx car accident, GEICO insurance offered only $25,000 for our client with surgery and nothing for our other client.  GEICO claimed that the injuries of both clients were not serious according to the New York State no-fault law.  We were successful in obtaining an award of the entire $100,000 insurance policy at arbitration for the client with surgery.  The insurance company refused to arbitrate the case of the other client and we were successful in obtaining a $15,000 settlement for that client during the course of a lawsuit.

We proved our client’s knee injury was a serious injury in this Bronx car accident
car rolled over on its side

Previous Existing Injuries

We represented a woman whose car was struck (photo below) by a car that ran a red light. She had previous existing lower back pain and was being treated by an orthopedic surgeon for two years prior to the accident, right up until the time of the accident. After her accident, her back pain (a soft tissue injury) worsened. The year after the accident, she had lower back surgery. Allstate never made an offer for several years and hired a doctor who argued that her injury and surgery had nothing to do with the car accident. At a mediation of her case, we settled for $750,000 and she bought her dream apartment with views of the Hudson RIver.

Car Damage Causing Previous Existing Injury

Fractures/Broken Bones

Injuries involving a broken bone, known as a fracture, are defined by the no-fault statute as a serious injury.  Consequently, where a car accident victim has a broken bone, the attorney only needs to provide a medical record proving that there was a broken bone caused by the car accident.

Any broken bone is a serious injury.  For instance, a broken nose, broken finger, broken toe, or broken rib are all guaranteed serious injuries.

Our client broke 3 ribs in this car accidentcar accident which caused broken rib

In this head-on collision with a car making a left turn, our client reinjured a previous fracture which required surgery. The bone graft moved in the second accident which has been ruled by a New York State Supreme Court to be a serious injury.

Image showing two cars crashed head-on

Our client was seriously injured with a broken ankle in this car accident

car demolished in an accident

Don’t take chances with a lawyer who doesn’t understand how to properly handle injuries from car accidents or an attorney who just doesn’t make the effort necessary. Call the Dream Team now for a free consultation:

7 days/nights

Car Accident Resources

Distracted & Impaired Driver Infographic

This infographic shows the facts about driving while distracted by texting, talking on the phone, and impairment from alcohol or drugs.

When You’re Injured In a Car Accident

If you have been in a car accident, please call us now for a free consultation if you have any of these serious injuries:

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Founding Partner Phil Franckel, Esq. talks about difficult cases and the HURT911® Personal Injury Dream Team™

HURT911® Founding Partner Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

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