- 1 Drivers Are Usually at Fault When a Pedestrian Is Injured
- 2 How Will My Medical Bills Be Paid?
- 3 How Much Medical Insurance Am I Entitled to?
- 4 If I Can’t Work, Am I Entitled to Get My Lost Wages?
- 5 Can I Combine (stack) the No-Fault Insurance with My Own?
- 6 We Will File Your No-Fault Application
- 7 “Legally Serious” Injury
- 8 Medical Liens
- 9 NO Legal Fee for Estate Work for Wrongful Death!
- 10 Serious Injuries
Drivers Are Usually at Fault When a Pedestrian Is Injured
The driver is almost always partially, mostly or 100% at fault when a pedestrian is struck and injured by a car. A study from a city Department of Public Health and Municipal Transportation Agency found “64 percent of all collisions between people walking and driving are ‘driver at fault.” However, we believe it’s near 100% of drivers at fault.
We are very good at proving that the driver was 100% at fault for causing your pedestrian accidents and injuries. We usually submit an argument in writing called a summary judgment motion to request an order of the court stating that the driver was 100% at fault/negligent.
How Will My Medical Bills Be Paid?
Pedestrians receive insurance coverage for medical bills from the No-Fault insurance coverage of the car which hit or struck the pedestrian. (Think of No-Fault simply as health and disability insurance.)
If the pedestrian has health insurance coverage, medical bills should be submitted to the health insurance only after the No-Fault insurance coverage has paid all of the money available under the policy or a No-Fault doctor has denied further payments.
How Much Medical Insurance Am I Entitled to?
Pedestrians are entitled to at least the New York State minimum $50,000 coverage. The owner of the car may have also purchased additional coverage called OBEL (Optional Basic Economic Loss) or Additional PIP (Personal Injury Protection).
If I Can’t Work, Am I Entitled to Get My Lost Wages?
Yes, No-Fault coverage provides payments for lost wages. You should also file an application (DB-450) to receive New York State disability. No-Fault provides most of the lost wage payment while New York State disability pays part of it. We can file this form for you.
To receive No-Fault payments for lost wages, You will need a letter every 30 days from your doctor stating that you are still unable to work. We can get this form from your doctor every month and forward it to the No-Fault insurance company for you.
We do not charge a legal fee for representing you with your No-Fault claim and lost wage claim.
Can I Combine (stack) the No-Fault Insurance with My Own?
If you are a pedestrian hit by a car or a passenger in someone else’s car and you also own your own car or live with someone who owns a car, you may be able to combine or add together the no-fault insurance coverage from the car that struck you together with the no-fault insurance on your own car.
As an example, if you were struck down by a car and broke your leg, you might have received surgery and was hospitalized. After recovering in the hospital, the hospital will send you to a rehabilitation facility where you might stay for 6-8 weeks. The total cost of your medical treatment can easily exceed $50,000 or even $100,000.
What do you do if the car that hit you only has $50,000 No-Fault coverage and you do not have health insurance?
If the car that hit you has $50,000 No-Fault insurance coverage and you also own a car with $50,000 No-Fault insurance coverage, when the first policy runs out of money, you may be able to receive $50,000 additional coverage from your own policy.
To determine whether you are able to stack or combined the No-Fault insurance policy of the car that struck you together with your own No-Fault insurance policy, we need to look at your insurance policy to see if it has an exclusion prohibiting the stacking or combining of the two insurance policies.
The exclusion is allowed in your No-Fault insurance policy pursuant to No-Fault Regulation 68 (11 NYCRR Part 65) Section 65-1.1(d), “Mandatory Personal Injury Protection Endorsement”, which reads in part:
This coverage does not apply to personal injury sustained by:
(c) the named insured or relative while occupying, or while a pedestrian through being struck by, a motor vehicle in New York State, other than the insured motor vehicle, with respect to which the coverage required by the New York Comprehensive Motor Vehicle Insurance Reparations Act is in effect; however, this exclusion does not apply to personal injury sustained in New York State by the named insured or relative while occupying a bus or school bus, as defined in sections 104 and 142 of the New York Vehicle and Traffic Law, unless that person is the operator, an owner, or an employee of the owner or operator, of such bus or school bus
We Will File Your No-Fault Application
Pedestrians hit by a car or motorcycle must file a No-Fault application within 30 days of the accident. Unlike an accident with two cars, a pedestrian must file a No-Fault application with the insurance company insuring the car which struck you.
Since the information you enter on the No-Fault application can hurt your case, it’s better to let us do it for you. Additionally, it can be difficult to locate the proper No-Fault insurance company since it is not your insurance company. If you, as a pedestrian, also own a car, you may have additional No-Fault coverage.
You only have 90 days to file an underinsured or uninsured claim, so please call us immediately at 1-800-487-8911.
“Legally Serious” Injury
Like any other car accident, a pedestrian must prove that he or she has a “legally serious” injury. The definition of a “legally serious” injury is extremely confusing and difficult to prove even for many lawyers. We have been extremely successful proving that our clients sustained a “legally serious” injury. We have not had a case which was dismissed for failing to prove a “legally serious” injury.
An often overlooked injury with pedestrian accidents is a closed head injury. You may have hit your head and had a concussion. This is an injury which is extremely serious and can be worth more than $1 Million.
Head injuries are often overlooked because the pain from a concussion can go away but the injured victim usually doesn’t understand the symptoms which often never go away. Even treating doctors usually overlook these symptoms because the injury is in a different medical field than the doctor.
You may have an injury which is serious but isn’t life-threatening. Obviously, a pedestrian struck by a car may have far more serious injuries than is usually seen in a two-car accident.
When you have a serious injury, your medical bills will easily be over $50,000 and there may be a lien against your case to recoup the money paid for your medical bills. We had a client who was a quadriplegic after she was struck by a car. Her medical bills at an NYS hospital were originally near $1,000,000. NYS sought to get the money back and we were successful in getting NYS to waive the entire lien so nothing was repaid.
NO Legal Fee for Estate Work for Wrongful Death!
We provide FREE legal services for estate work in the event that a bicyclist is killed and the family doesn’t have or doesn’t want to spend the money to hire an estate lawyer.
If you were hit by a car, please call us now for a free consultation if you have any of these serious injuries:
- Any broken bone, even a rib, finger or toe
- Pain in your knee
- Pain in shoulder
- Pain in your wrist
- Pain in your neck
- Pain in your back
- You were in the hospital overnight
- You had any kind of surgery
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Partner Phil Franckel, Esq. talks about difficult cases and the 1-800-HURT-911® Personal Injury Dream Team™