Articles about accidents from what causes different types of accidents to how to investigate accidents, what to do after an accident, accident lawyers, and more.
If you want to know which are the safest cars in the world, you could look at the IIHS Top Safety Pick, Euro NCAP, or NHTSA, but you could also ask a car accident lawyer, and we’ll tell you which brand car is safest. To save time, my answer is Telsa, and the next safest is Volvo.
Which Is the Safest Car Company In the World, Tesla or Volvo?
In previous years, I said Volvo is the safest car in the world to drive. But I now believe Tesla is the safest car of the top two safest car brands to drive on the road when considering protection for the occupants.
Tesla and Volvo may also be the best car brands for avoiding accidents.
We never represented anyone injured in a car accident while in Tesla, but Tesla doesn’t have Volvo’s long history of the safest cars, and Tesla hasn’t been making cars as long as Volvo. However, the videos and information here demonstrate that Tesla is not only one of the safest cars to drive but the safest car.
Why Tesla’s Model Y Received A 5-Star Crash-Test Rating and Is the Safest SUV
Tesla may also be the safest car brand to avoid accidents. Watch the Tesla autopilot prevent these near accidents.
Tesla Model Y vs Ford Mustang Mach-E Moose Test
Tesla Models Have the Lowest Probability of Injury of Any Vehicle
Tesla Model 3 2022 received an NHTSA Overall Safety Rating of 5 stars
Tesla Model S 60 KWH 2015 received an NHTSA Overall Safety Rating of 5 stars
IIHS Top Safety Pick+
MIDSIZE LUXURY CAR / 4-DOOR SEDAN
The 2022 IIHS Top Safety Pick+ for MIDSIZE LUXURY CAR / 4-DOOR SEDAN is the Tesla Model 3.
MIDSIZE LUXURY SUV / 4-DOOR SUV
The 2022 IIHS Top Safety Pick+ for MIDSIZE LUXURY SUV / 4-DOOR SUV is the Tesla Model Y.
SMALL SUV / 4-DOOR SUV
The 2022 IIHS Top Safety Pick+ for SMALL SUV / 4-DOOR SUV is the Volvo XC40.
Lower Limb Injury and Safety
The lower leg compartment or footwell is the one area that most auto manufacturers have ignored. Injuries caused by the collapse and compression of the footwell compartment in a car accident often cause leg, knee, ankle, and foot fractures.
A lower limb fracture is a devastating injury that develops into a lifelong disability with pain from arthritis.
Not only do these fractures become a devastating disability, but they usually cost $30,000 to 75,000 for medical treatment. Additionally, leg, knee, ankle, and foot fractures are usually worth $250,000 to $1,500,000 in a personal injury lawsuit.
The only area the Tesla Model 3 did not get the highest rating was for driver injury of the lower leg/foot, but it was rated A for acceptable.
Volvo Footwell Intrusion
The Volvo XC40 received the highest rating in driver injury for the lower leg/foot. Tesla needs to do some work here. However, the Volvo XC40 did not do as well as Tesla in the side test.
Euro NCAP Safety Ratings
Tesla Model S 2022 received 5 stars
Adult Occupant 94%
Child Occupant 91%
Vulnerable Road Users (Pedestrians) 85%
Safety Assist 98%
Tesla Model Y 2022 received 5 stars
Adult Occupant 97%
Child Occupant 87%
Vulnerable Road Users (Pedestrians) 82%
Safety Assist 98%
Tesla Model Y Drives Off 250′ – 300′ Cliff in California
This video should convince anyone about the safety of Tesla vehicles!
It’s alleged that the driver of this Tesla Y intentionally drove off a cliff near San Francisco, California, landing on the rocks 250 ft to 300 ft below the road.
The Tesla driver, Dharmesh Patelof Pasadena, California, was arrested and charged with attempted murder and child abuse for allegedly driving off the cliff with the intent to murder his wife and two children. See the article at NPR WNYC.
The video from the rescue helicopter shows the rescue
Tesla Model 3 vs. Sycamore Tree
The Tesla Model 3 is apparently crush-proof, at least from this Plane tree (Sycamore tree). The video shows the aftermath after a tree fell on a Tesla Model 3. The car is almost unscathed. The windows are intact, and the driver was able to open the door and get out.
It looks like the driver just had to brush off the leaves and pieces of the tree and get on his way.
Meanwhile in China, massive tree falls onto Tesla Model 3 glass roof driver walks away uninjured. @elonmusk once said that @Tesla Model 3 is the safest car in the world. $TSLApic.twitter.com/uIqj25hIkr
After what happened to my wife’s encounter with a tree in her Mercedes, I think she will want a Tesla, probably a Cybertruck with Tesla Armor Glass. I have two Cybertrucks on order for me, but she wants a Model X.
What Are the Safest Cars to Fly? Fly Tesla
I fly Delta, but Tesla may be a second choice. It’s a good thing Tesla is a safe car for its occupants because that’s useful after a short unscheduled flight without a flight plan.
The driver of this Tesla was believed to have had a medical emergency when his Telsa flew approximately 85′ through the air when it hit a tree at an altitude of about 20′ and then hit the tops of a few more trees.
The towing company wrote, “From what we were told, the driver seems to be alert with minor injuries.”
Video of Tesla Flying Through Neighborhood
This moron may have had a reasonable expectation of serving his flight in a Tesla, but he could have killed someone else and would have spent a few years in prison. One commenter joked that the police said to call the FAA.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Have a Question or Comment About What Are the Safest Cars to Drive? Leave a Comment!
Police reports frequently have mistakes, even though they are reviewed by a police supervisor before being filed.
This article will give you all the information you need about how to amend a police report for a car accident in New York to change or correct mistakes in the police report.
Note: We cannot help you with your police report unless you want us to represent you for an injury.
Are Police Officers Allowed to Correct or Amend a Police Report?
Yes, but police officers rarely amend a police report (see on this page, Are Police Officers Required to Correct or Amend a Police Report?)
Sometimes, if the incorrect information is obvious, the police officer who wrote the police report may be willing to correct it if you contact the police officer immediately. You can go to the police precinct and ask to speak to the police officer and ask if the police report can be corrected or amended.
When you think a New York Police report is wrong, it is very rare that you will be able to get the police officer to change the police report. But you may be able to get the police officer to change or amend the police report if the incorrect information is significant and obviously or easily proved to be wrong.
For instance, if the day and date don’t match or the police officer wrote the wrong plate number but the correct plate number can be verified.
If you are successful in getting the police officer to amend the police report, the box marked AMENDED REPORT, seen in this image, will be checked.
When Should You Try to Correct Errors in a Police Report?
If you were not injured in a car or motorcycle accident and you are trying to get the other car’s insurance company to pay for your damage, you can continue to read this article to find out what you can do to correct a police report.
If you were injured in a car accident, motorcycle accident, or pedestrian accident and the police report has errors you want to correct, call us before you try to get the police report corrected, and do not fill out an MV-104 without speaking with us. We will do it for you to make sure it can’t hurt your personal injury case.
Is It a Problem if a Police Report Is False, Wrong, Incorrect, or Has Errors?
Your Insurance and Insurance Premium
If the police report is wrong, it can be a problem for you with regard to your insurance and insurance premiums. For instance, if a mistake on a police report concerns who is at fault for the car accident, it can result in your insurance being canceled or an insurance premium increase.
Getting the Other Car’s Insurance to Pay For Your Collison Damage
If you were not injured and you are trying to get the other car’s insurance company to pay for your damage, it will be a problem for you if the mistake concerns who is at fault for the car accident.
Your Personal Injury Case
If you were injured, a mistake on a police report can delay the settlement of your personal injury case because insurance company claim reps base their investigation completely on the police report.
However, a mistake on a police report usually will not affect the outcome of the settlement of your personal injury case. That’s because, during litigation, we will have the opportunity to prove the police report is wrong.
We have several opportunities to prove the police report is wrong:
We will force the other driver to file an MV-104, and often, the other driver inadvertently admits fault in the MV-104.
We can cross-examine the police officer at a hearing or trial.
We can hire an accident reconstruction expert.
A police report is hearsay evidence and may or may not result in that information being used at trial.
We have frequently proved the police report was wrong by questioning the other driver at a deposition. When the other driver testifies at a deposition to something that admits 100% fault, we no longer care about the police report.
For instance, if the other driver testifies that he or she didn’t see your car or motorcycle prior to the collision, the other driver just admitted 100% fault.
We have also proved the police officer was wrong by cross-examining the police officer.
In one case, a Suffolk County police officer wrote on his police report and testified at a hearing that our client told him she lost control of her motorcycle on sand and gravel and was not hit by a car. After cross-examining the police officer, at the hearing, the Suffolk County Supreme Court Judge gave the police officer a stern warning and ruled that the police officer’s testimony wasn’t credible; he lied! We won the case.
Types of Police Reports
Police Accident Report
When people refer to a police report, they usually mean a police accident report for a motor vehicle accident. In New York State, a police accident report is Form MV-104A.
Driver’s Accident Report
In New York State, the driver’s accident report is an MV-104.
Aided Report
A police report where the police respond to someone who was injured but not in a car accident is called a Police Aided Report.
What is the Difference Between an Amended or Corrected Police Report?
There are subtle differences. Technically, the word amended would be used for a minor change, but the words corrected and amended are commonly used interchangeably.
If a police report is changed, it will be marked as an amended police report.
2 Types of Mistakes in Police Reports
The two types of mistakes in police reports are factual and disputed facts. Disputed facts are so-called facts, such as how the car accident happened. That type of disputed fact is really just opinion. Some information may appear to be factual but are really an opinion because the police officer didn’t witness the car accident.
An example is the direction of travel of the cars. This is not factual unless the police officer witnessed the car accident and actually saw which direction the cars were traveling in. The police officer has to enter his opinion based on an investigation of the facts.
Examples of factual information that can be amended:
Date or time of the accident
Misspellings of names
Incorrect address or license plate
Place where the accident happened
Opinion information that is unlikely to be amended:
How the accident happened
Who caused the accident
Direction of travel
Factual information is the easiest to correct on a police report. Opinion information is very unlikely to be changed.
Incorrect Insurance Information on a Police Report
Some incorrect information on a police report doesn’t really matter, such as insurance information.
If old insurance information is listed on the police report and you got a ticket, you can get a letter from your insurance company stating that you had insurance coverage on the date of the accident and submit that letter to the court.
Note: The letter must be on insurance company letterhead and must state that you have insurance coverage on the date of the accident. You cannot use a letter from your insurance broker.
If you want to update DMV, you can do that on an MV-104 (see below).
Reasons Why Police Reports Have Mistakes
Police reports have mistakes more often than people know. We see it all the time.
Police officers make mistakes just like everyone else. The police report is supposed to be reviewed by a police supervisor at the precinct before being filed, but many police reports still have errors.
Many errors on a police report can be difficult, if not impossible, for a supervisor to spot. Missing information is the easiest to spot, but incorrect information may not be possible for a supervisor to detect.
We have seen police reports with glaring errors, such as mixing up the cars and drivers, an incorrect direction of travel, and a road diagram that was not even similar to the road where the car accident happened.
A horrible frequent error is police officers who let drivers go without including their information in the police report when the car did not make physical contact with the car on the police report. This happens when a car cuts off another car or motorcycle.
There are many reasons a police report may have a mistake. Following are a few of the reasons why mistakes occur in police reports:
The Police Officer Did Not See the Accident Happen
Because the police officer likely did not see the accident happen, the police officer has to do an investigation consisting of the following:
Look at the accident scene
Look at the location and positioning of the cars involved in the accident
Look at the damage to the cars involved in the accident
Look at the demeanor of the drivers and witnesses, and
Speak to the drivers and witnesses and possibly get statements.
The Police Officer Didn’t Understand the Accident Scene
The police officer may make many different mistakes, from thinking the accident scene is different than it actually is or incorrectly writing down what was said to the police officer.
The Cars Were Moved From the Accident Scene
The cars may have been moved to the side of the road, making it harder for the police officer to determine what happened.
Police Officer Bias
When there is conflicting information and little physical evidence to rely on, other factors, such as bias, may influence a police officer.
The police officer may believe or not believe a driver or witness because of bias or misinterpreting the demeanor of a driver or witness. Always be on your best behavior and be polite when you speak with the police officer.
Example of a New York Police Report That Was Incorrect
Interestingly, most police reports with errors that we have seen are from New York State Police. I don’t know why, but I can’t remember seeing a police report written by a New York State Trooper that did not have a mistake.
A police report that was filed by a New York State Trooper on the Sagtikos Parkway in Suffolk County on Long Island, NY, showed a merge lane to the parkway that does not exist.
The New York State Trooper claimed our client’s motorcycle improperly merged onto the parkway and struck a car on the parkway. However, our client’s motorcycle did not merge onto the parkway.
Our client’s motorcycle entered the parkway, where the parkway went from two lanes to three lanes. Our client’s entrance lane was not a merge lane because the entrance lane became the third lane on the parkway.
Our client’s motorcycle was traveling straight in the right lane when a car in the middle lane improperly changed lanes and struck our client’s motorcycle in the right lane, causing his motorcycle accident and his injury.
How Did a New York State Trooper Make a Glaring Mistake on the Police Report?
Probably because the Trooper mistakenly pulled up a diagram map from the police computer, which showed a normal merge lane, and the Trooper never noticed that the accident scene didn’t look anything like the diagram.
The Trooper then proceeded to complete the report while looking at the diagram rather than the roadway.
What Problems Did the Mistake on the Police Report Cause?
The claims representative from the insurance company for the car unbelievably argued that the police report said the accident was our client’s fault, even though I provided photos of the accident scene proving the police report was obviously wrong.
We were able to convince the insurance company we were right, so unbelievably, they changed their driver’s story! They then claimed the accident was a 1/4 mile further down the highway.
We had to file a personal injury lawsuit and ask the other driver questions at his deposition. After his deposition, we were able to force the insurance company for the car to pay their entire insurance policy.
So what did the mistake on the police report cause? It delayed the settlement of the motorcycle accident case by almost two years.
How to Correct a Police Report After a Car or Motorcycle Accident
Sometimes, if there is a glaring factual error on a police report, a police officer might correct the police report. Most of the time, police officers in New York will refuse to amend a police report and tell you to file an MV-104.
If there is a factual error on a police report, go to the police precinct and provide any documentation to prove the error should be corrected.
For instance, if the damage to the car was incorrectly reported as on the right front of the car but was actually on the left, provide a photo showing the damage on the left and a photo showing no damage on the left. If the make, model, or year of your car is incorrect, you can show your registration to the police officer.
If you were injured in a car or motorcycle accident, but the police report shows you didn’t have any injuries and you were not taken to the hospital by ambulance from the car accident scene, don’t even bother to try to get the police report corrected.
The police officer won’t correct the police report for injuries because, right or wrong, it was his opinion that you were not injured.
If you were injured and were taken to the hospital by ambulance from the car accident scene, but the police report shows you had no injuries, then provide a copy of the ambulance report.
What to Do if the Police Officer Will Not Correct or Amend The
Police Report
When you think a New York Police report is wrong and the police officer refuses to change the police report, you can file a driver’s accident report, called an MV-104 Driver’s Accident Report, with New York State DMV.
Your written statement can include your personal account of the accident, including a diagram. We don’t recommend that you do that if you were injured.
Your insurance company and the insurance company for the other driver probably sent you an MV-104 accident report, but you can also download an MV-104 accident report.
New York State law requires the operator of a motor vehicle to complete and file an MV-104 with NYS DMV within 10 days of your accident in New York if there was a fatality, personal injury, or damage over $1,000 to the property of any person.
If you were injured in a car or motorcycle accident and the police report has errors, and you want to amend a police report, call us before you try to get the police report corrected. We’ll file the MV-104 for you.
Are Police Officers Required to Correct or Amend a Police Report?
No. Police Departments in New York do not have a duty to a motorist to file a police report or correct a police report.
Commonly unknown, even by lawyers, is that in New York State, police accident reports are not made for insurance companies or for the drivers, passengers, or pedestrians involved in a car accident.
Although drivers and insurance companies rely on police reports to investigate accidents, resolve insurance claims, and certified police reports can be used as evidence in court, police reports in New York are not filled out and filed for motorists or insurance companies.
Police reports in New York are filled out and filed as a service to the Department of Motor Vehicles, which uses police reports for statistical and safety purposes.
Because police reports are required to be made for the New York DMV, there is no legal requirement in New York that police officers file a police report for motorists or insurance companies. Likewise, there is no legal requirement to include correct information or to amend a police report.
The New York Supreme Court, Appellate Division, First Department, held in 2015 that NYPD was not liable for failing to properly investigate the accident unless there existed a special duty to the plaintiff, in contrast to a general duty owed to the public, see Bouet v. City of New York.
In the case of Bouet v. City of New York, 125 A.D.3d 539 (2015), 5 N.Y.S.3d 18, 2015 N.Y. Slip Op. 01567, the defendant was a New York City Police Officer who responded to a pedestrian accident. In his NYPD police report, the police officer failed to record the identity of the owner and/or operator of the vehicle that struck the plaintiff, who was trying to cross a street in Manhattan.
The pedestrian sued New York City and the NYPD police officers, alleging they were negligent in failing to include in the police report the identity of the individuals who owned and operated the car that struck her.
Without the identity of the owner and/or operator of the vehicle, the injured pedestrian could not file a lawsuit against the owner and/or operator of the vehicle.
Because she didn’t own a car herself, the only claim the injured pedestrian could have had was against MVAIC for a hit-and-run accident, but MVAIC only provides a maximum of $25,000. The owner and/or operator of the vehicle may have had a lot more insurance coverage than MVAIC. That’s why the injured pedestrian’s lawyer filed a lawsuit against New York City.
Note: If that case had been a motorcycle accident instead of a pedestrian accident, the motorcyclist would have been able to file an uninsured claim which may have had as much as $1,000,000 insurance coverage for a hit-and-run motorcycle accident.
Unfortunately, the Supreme Court, Appellate Division, First Department, New York, ruled that sections 603, 603–b and 604 of the Vehicle and Traffic Law only require the Police Department to report the accident to the Commissioner of Motor Vehicles and that the failure to report to DMV doesn’t give a person the right to sue the police department for negligently failing to record or preserve information required by the DMV.
The court wrote, “…the City of New York is not liable for failing to properly investigate the incident unless there existed a special duty to plaintiff, in contrast to a general duty owed to the public.”
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Have a Question or Comment About How to Correct or Amend a Police Report in New York? Leave a Comment!
After an accident, you should always go to the emergency room. Go to the hospital emergency room by ambulance, and you will go right in without waiting because the hospital can’t keep EMTs waiting around.
Why You Should Go to the Emergency Room After an Accident
Life-threatening emergencies require a visit to the hospital emergency room. In an accident, you will not know if you have a life-threatening emergency which is the most important reason to go to the emergency room and not urgent care.
Because adrenaline may be running through your body, or you may be in shock after an accident, you may not realize you have a serious injury until a couple of hours later.
Another injury you won’t know about after an accident is a head injury, especially when you have a motorcycle accident. If you had a motorcycle accident, look at your helmet. If there are any scratches on your helmet from the accident, you should definitely go to the emergency room to make sure you don’t have a head injury. For more information about head injury and symptoms, see our article about a head injury from a motorcycle accident.
This video shows what can happen to your brain from whiplash in a car accident and why you should go to the emergency room to make sure you don’t have a head injury.
What Is Urgent Care?
Urgent care centers provide easy access to healthcare for the times when your primary care physician’s offices are closed.
When Should You Go to Urgent Care?
You should go to urgent care when it’s not an emergency, and you need to see your primary care physician, but the office is closed, or you cannot get an appointment soon.
Stroke symptoms, such as vision loss, sudden numbness, weakness, slurred speech, or confusion.
Suicidal or homicidal feelings.
Pregnancy-related problems when you can’t reach your doctor.
Fever in a newborn less than 3 months old.
Is Urgent Care the Same as the Emergency Room?
No. The hospital emergency room will provide a much higher level of diagnostic care to diagnose injuries better and provide better treatment that is needed after an accident.
Urgent care misses more fractures than a hospital ER.
Urgent care is great when you have a sore throat.
Considerations About Whether to Go to the Hospital ER or Urgent Care
You may have some of the following concerns about whether to go to the hospital ER or urgent care after an accident.
Time Waiting for Treatment
It’s true that you will likely spend more time waiting at the ER than at urgent care. But hospital ERs have become much faster due to computer software for scheduling and triage.
If you go to the hospital ER by ambulance, you won’t wait at all because the EMTs will take you right in through the ambulance entrance. EMTs can’t be waiting around, so you’ll be seen immediately.
Urgent Care vs. Emergency Room Cost
While the cost of an urgent care visit is less expensive than the emergency room, the cost should not be a consideration when you had an accident, especially if you plan to call a personal injury lawyer.
If you go to the emergency room, you will get a lot more money than what the ER will cost. Additionally, you will not have to pay any money upfront for the cost of an emergency room visit.
The cost of your medical treatment from a car accident is 100% paid by New York No-Fault insurance, and you won’t even have a co-payment. You may or may not have a $200 one-time deductible per accident.
If you were injured in another kind of accident, medical insurance, Medicaid, or Medicare will pay for your treatment. If you don’t have any of those coverages and don’t have money, the hospital will get you on Medicaid, which can go back retroactively for 90 days.
In a worst-case scenario, we can get a settlement cash advance so you can have some money immediately.
Documenting Your Injuries After an Accident for a Personal Injury Case
A hospital ER will document much more information about your injury in the hospital record than urgent care will.
A hospital ER is more likely to find injuries that may be missed by urgent care.
Insurance companies put aside more money to settle personal injury claims when they have a hospital record in your file than if you only have an urgent care record. This is more important for a smaller claim that doesn’t have a serious injury. But a hospital record is always better.
Quick Consideration to Decide Whether to Go to the Emergency Room or Urgent Care
Generally, if you need treatment right away, going to the emergency room is probably the best option. However, if you can wait until later, then visiting an urgent care center might make more sense.
But if you have an accident, deciding whether you should go to the emergency room or urgent care is an easy decision, even if you can wait until later. After an accident, you should go to the emergency room.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Have a Question or Comment About Should You Go to the Emergency Room or Urgent Care After an Accident? Leave a Comment!
Can you have a broken bone after an accident when the emergency room doctor or urgent care doctor said the X-ray shows you don’t have a broken bone and sent you home? Guess what? You might have a broken bone.
After a car accident or any other accident, many people go to the emergency room or urgent care and are told that there is no fracture or broken bone, but still have a lot of pain the next day. Then they find they did have a broken bone.
What to Do If a Lawyer Isn’t Interested in Your Case Because a Hospital Said You Don’t Have a Broken Bone
If you called a lawyer who isn’t interested in your case because a hospital said you don’t have a broken bone, call us! We’ll take your case right away. If you don’t have a broken bone, we can still get you a lot of money, so we want your case anyway. If you do have a broken bone, it could be a million-dollar case. Find out what a broken bone is worth.
Poll – Did you or do you know anyone who had a fracture or broken bone when the hospital said you don’t?
First, you should know that a fracture, break, shattered bone, fractured bone, and a broken bone are all different words meaning the same thing. There is no difference.
There are different types of breaks in bones, but that doesn’t matter for this article. If a bone is broken, fractured, or shattered, the bone is broken, no matter if it is a hairline fracture, comminuted fracture, or a compound fracture where the bone is sticking out of your skin.
This was a broken femur one of our clients had. The fracture is shown after surgery with internal fixation.
What Should You Do if You Are Still in Pain After Leaving a Hospital ER and Were Told You Don’t Have a Broken Bone?
What you should do if you went to the hospital emergency room or urgent care after an accident and were told your X-ray shows you do not have a broken bone:
Wait until the next day. If you still have a lot of pain, you might have a broken bone.
If you still have a lot of pain, go back to the hospital ER for another X-ray or see an orthopedic surgeon.
X-rays taken a day or two after an accident often show a fracture that wasn’t seen on the first X-ray.
The majority of missed fractures will be seen a day or two after the accident. However, fractures still may not be seen on X-ray, and an MRI or CT scan may be needed to diagnose the fracture.
Can I Have a Broken Bone When the Hospital Emergency Room or Urgent Care Said I Don’t Have a Fracture?
Yes. If you still have a lot of pain the next day after an accident, you might have a broken bone.
A broken bone is commonly missed by X-rays in the emergency room on the day of the accident. We frequently have clients who call us from the hospital ER and tell us they were diagnosed with a sprain but are later diagnosed with a fracture, such as a broken ankle or broken leg, among other broken bones.
What prompted me to write this article was a client, John, who called me a couple of days ago from urgent care, saying his X-Ray did not show a fracture and that he had a sprain.
John fell when he stepped into a large pothole while getting out of his car in a shopping mall parking lot. He heard a crack and was in a lot of pain. Although urgent care said his X-Ray did not show a fracture, I suspected he did. Hearing a crack is a good indication that you broke a bone.
I told John to go to the hospital the next day if he still had a lot of pain. The next day he went to a hospital ER, where they did another X-ray and saw an obvious displaced tibial plateau fracture.
A tibial plateau fracture is close to the knee and can affect the stability of the knee. The tibia is the larger main weight-bearing bone of the leg. This is a very serious injury that usually requires surgery.
These articles at the National Library of Medicine document the significant number of fractures missed on X-rays at the hospital ER and many of the reasons that fractures are missed by radiologists when viewing X-rays:
The reason that people don’t realize they have a fracture or other serious injuries after an accident is:
People are in shock at the time of the accident and don’t feel pain yet.
People often don’t feel pain right away from a fracture until it starts swelling a few hours later. That could happen in the ER or at home.
People may have one injury that is very painful such as a back injury, that masks pain from another injury, such as a broken knee.
How to Know If You Have a Broken Bone After an Accident
You probably suspect you have broken a bone.
You hear a cracking sound.
The area around the fracture may be swollen, bruised, sore, or tender.
The limb may be deformed.
The area hurts a lot.
You have to favor the area because of pain.
If the bone pops through the skin, it’s obviously broken.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Have a Question or Comment About Can You Have a Broken Bone if the ER or Urgent Care Says You Don’t? Leave a Comment!
If you want to know how to file a bicycle accident claim yourself without a lawyer in New York against the car’s insurance, this article will give you the steps to file a bicycle accident insurance claim and what you need to write in the insurance claim letters.
Even if you had only a minor injury in a bicycle accident, you should call the bicycle accident lawyers at 1-800-HURT-911® in New York. We have settled many bicycle accident claims with extremely minor injuries for tens of thousands of dollars.
But first, you need to understand a few things about a bicycle accident claim:
You’re probably thinking of your pain and suffering claim for personal injuries called a third-party liability claim, but a bicycle accident in New York will have several types of claims, not just one claim.
It’s complicated to file these insurance claims yourself. If you don’t know the law in New York, you can easily cause serious problems with your claims and even lose tens of thousands of dollars worth of insurance benefits.
You will be better off contacting a bicycle accident lawyer in New York before you start and give up because you’ll find it is complicated, the insurance company will give you a hard time, and you can easily create errors that can cost you the loss of important benefits worth a lot of money or even lose your whole case.
What to Say at the Hospital After a Bicycle Accident
After your bicycle accident, when you go to the hospital for medical treatment, tell the triage nurse and doctors that you were injured when you were hit by a car. But do not say how your bicycle accident happened.
Make sure you follow up with an orthopedic surgeon and/or neurologist or any other type of doctor you may need to see.
First – Get a Copy of the Police Report
The first thing you need to do is to get a copy of the police report. You will need to get a copy of the police report as soon as possible to file several insurance claims.
You need to get a copy of the police report fast because, in New York, you only have 30 days to file a No-Fault claim unless you are able to submit written proof providing clear and reasonable justification for the failure to file a No-Fault claim within 30 days.
The insurance company for the car that hit you is the No-Fault insurance company, so you won’t be able to file a No-Fault claim without the police report.
Verify the No-Fault Insurance Company Listed on the Police Report
The police report indicates the name of the insurance company for the car that hit you, but car owners often change their insurance company, and the police report may have the previous insurance company.
You must verify active coverage with the insurance company. If the insurance was canceled and changed, you must locate the correct insurance company within 30 days to file a No-Fault claim with the correct insurance company.
If the insurance was canceled but not replaced, you must file a No-Fault claim with NYS MVAIC within 30 days.
Second – File a No-Fault Insurance Claim for a Bicycle Accident
The second thing you need to do is file a No-Fault claim within 30 days of your bicycle accident. Read about No-Fault claims in New York.
In New York, No-Fault pays for the ambulance, medical treatment, prescription drugs, lost wages or lost income, taxis to and from doctors, household help, and more. No-Fault also partially pays for funeral expenses when a bicyclist is killed because of an accident with a car. If a bicyclist is killed, you should also see information about a wrongful death claim.
If you or a family member you live with owns a car, you should also file a No-Fault claim within 30 days of your bicycle accident with the person’s insurance company.
What Should a No-Fault Insurance Claim Letter Say?
Our No-Fault claim letters include a little more, but the following is the minimum you should put in your No-Fault claim letter:
Date
XYZ Insurance Co (this is the insurance company for the car that hit you)
233 Insurance Way
The Bronx, NY 10467 (or wherever)
To whom it may concern:
I was injured in a bicycle accident when I was struck by a car on (enter date) at or near the location of (enter the location). I was treated at (enter the name of the hospital).
I hereby make a claim in writing for all applicable No-Fault, uninsured, underinsured motorist, and Med Pay benefits. Enclosed is a copy of the police report.
Please note that you are not to pay any money in Med Pay benefits unless it is paid directly to me for reimbursement of medical costs not covered by No-Fault.
If there is any additional information, completed forms, or statements required, please advise in writing immediately. Proof of claim must only be made upon forms you furnish if furnished within 15 days of receiving this notice of claim.
Sincerely,
(Sign the letter here)
First name Last name
Is learning how to file a bicycle accident claim giving you a headache yet? Don’t make a mistake! Just call us, and we will do everything for you.
How to File a No-Fault Insurance Application for a Bicycle Accident Claim
The No-Fault insurance law is known as Regulation 68 and requires that written notice must be made to the No-Fault insurance company providing details that are sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, date, location, and circumstances of the accident.
If you do not have all of the information, you should file a No-Fault claim with an explanation of why you do not have all of the information and what you are doing to get it.
If you have sent a letter to file your No-Fault claim, the insurance company will send you their No-Fault application. You should fill out and return the No-Fault application immediately.
Note: For the accident description on your No-Fault application, just enter “Bicycle accident with a car” or “Bicycle accident with a truck,” etc.
How to Get Lost Wages With a Bicycle Accident Claim
The No-Fault application will have a section asking for information about your employment. Fill that out.
No-Fault insurance will pay for 80% of your lost wages. To get the other 20% of your lost wages, you must file a New York Disability claim form DB-450 within 30 days of your bicycle accident. The directions to fill out and file this claim form are on the form.
Third – File an Underinsured/Uninsured Claim for a Bicycle Accident
If you or a family member you live with owns a car, you should also file an uninsured and underinsured claim within 90 days of your bicycle accident with your or your family member’s insurance company. This claim can also be filed after 90 days in rare instances if there is a really good reason.
Note: You should file an uninsured and underinsured claim even if you do not think you are entitled to uninsured or underinsured coverage. It is a big mistake to assume you do not need to file.
Your uninsured and underinsured claim notice must clearly state that you are making an uninsured and underinsured claim. Like the No-Fault application, your claim letter should provide sufficient details to identify the injured person, the time and date of the accident, the location of the accident, and the circumstances of the accident. (For this notice, we give a general description, like it was a car that struck a bicyclist.)
What Should an Uninsured and Underinsured Insurance Claim Letter Say?
An uninsured and underinsured claim letter should be mailed by USPS Certified Mail Return Receipt Requested within 90 days of your bicycle accident.
Our uninsured and underinsured claim letter includes a little more, but the following is the minimum you should put in your uninsured and underinsured claim letter:
Date
XYZ Insurance Co (this is your or your family member’s insurance company)
233 Insurance Way
The Bronx, NY 10467 (or wherever)
To whom it may concern:
I was injured in a bicycle accident when I was struck by a car on (enter date) at or near the location of (enter the location). Enclosed is a copy of the police report.
I hereby make a claim in writing under the SUM, Uninsured, and/or the Underinsured Motorist Endorsement of all insurance policies available to me for each uninsured and underinsured tortfeasor.
Please acknowledge this claim in writing.
Sincerely,
(Sign the letter here)
First name Last name
Fourth – File a Liability Insurance Claim for a Bicycle Accident
Adults have three years from the date of a bicycle accident to file a lawsuit for personal injury. Personal Injury lawyers typically file a claim letter with the liability insurance company before filing a lawsuit, but a lawsuit can be filed without filing a claim letter.
You never, ever want to wait anywhere near three years from the date of a bicycle accident to file a claim letter or even a lawsuit.
To send a claim letter, you want to send it to at least the insurance company for the car that hit you. We send a claim letter to the driver of the car, the insurance company for the driver, the owner of the car, and the insurance company for the owner of the car.
What Should a Liability Insurance Claim Letter Say for a Bicycle Accident?
Our claim letters are several pages long and include a litigation hold letter regarding the spoliation of evidence with regard to the vehicle data, video, and more. We are not including much of it here because we view the information as confidential and proprietary information that we do not want other lawyers to use. Additionally, it is too complicated for someone who is not a lawyer.
However, if you really insist on doing this yourself, you can just send this simplified version of a claim letter stating the following:
Date
XYZ Insurance Co (this is the insurance company for the car that hit you)
233 Insurance Way
The Bronx, NY 10467 (or wherever)
To whom it may concern:
I was injured in a bicycle accident when I was struck by your insured’s car on (enter date) at or near the location of (enter the location). Enclosed is a copy of the police report.
I am making a claim for personal injuries caused by your insured’s negligence in the operation, ownership, maintenance, and control of the insured motor vehicle.
Please provide me with a claim number and the name of your claims representative so I may send you copies of my medical records, and we can attempt to settle my claim amicably.
Sincerely,
(Sign the letter here)
First name Last name
How to Get a Copy of Your Hospital and Medical Records
After your liability claim for your pain and suffering is set up, the insurance company for the car that hit you will need to get a copy of your medical records.
The easy way is to sign an authorization allowing the insurance company for the car will need to get a copy of your medical records.
You can also get a copy of your medical records yourself and send them to the insurance company for the car that hit you. See how to get a copy of your medical records.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Have a Question or Comment About How to File a Bicycle Accident Claim for Injury Yourself? Leave a Comment!
The Ultimate Uber and Lyft Safety Tips Guide is provided by the HURT-911® Uber accident lawyers in New York and will help you learn how to be safe in an Uber or Lyft when you’re alone and how to ride Uber safely to your destination.
But first, which is safer? Uber, Lyft, or a taxi?
Q. Is Lyft or Uber More Dangerous Than a Taxi?
A. Probably not. It’s hard to determine because there are no statistics compiled for private taxi companies concerning accidents or criminal assaults. Following are some of the reasons that Uber and Lyft may be safer than taxis.
Uber and Lyft’s app adds considerable safety and should make the trip safer than a taxi.
With Uber and Lyft, you do not have to wait outside in a potentially dangerous spot waiting to hail a taxi.
Reports of sexual assaults by Uber and Lyft drivers make headline news but there are several million Uber and Lyft drivers, far more than any taxi company.
Uber and Lyft provide you with substantially more insurance coverage than a taxi.
Disclosure: Attorney Phil Franckel owns 400 shares of Uber and 200 shares of Lyft but it’s a small part of my portfolio, it does not affect my statements here, and I have very successfully sued Uber.
Uber and Lyft Safety Tips Before, During, and After Your Trip
The Uber and Lyft safety tips are organized below telling you
What you should do before you get in an Uber or Lyft.
What you should do during your ride.
What you should do when you exit an Uber or Lyft.
What to Do to Stay Safe Before Getting in an Uber or Lyft
Learn How to Use all of the App’s Features
Requesting the Ride
Request your ride before you go outside. If possible wait inside until your ride arrives.
Opt-In to Receive a 4-Digit PIN From Uber
How to Set Up the Uber 4-Digit PIN
Open the Uber app
Click on the user icon at the top right
Click Settings
Click Verify Your Ride
Click Use PIN to verify rides
Click Done
When you request a ride from Uber, you will receive a 4-digit PIN (unique for each ride) from Uber to share with the driver before the trip can start. Give your 4-digit PIN to the driver BEFORE you get into the Uber car. When the Uber driver enters the 4-digit PIN in his Uber app, you will see in your app, Your ride is verified!
Check the Car and Driver
Check that the make, model, and license plate of the car match the info on your app.
Check that the driver’s photo matches the photo on your app.
Check that the driver’s name matches the name on your app.
Always Ask “What’s my name and where am I going?”
If you aren’t using Uber’s Verify My Ride feature, ask your driver for your name and destination. If you are using Uber’s Verify My Ride, this shouldn’t be necessary.
Someone posing as an Uber or Lyft driver won’t know your name. Only the real Uber or Lyft driver will know your name and your destination.
The parents of Samantha Josephson started the #WhatsMyName Foundation in honor of their daughter. The foundation’s mission is to educate the world on ride-share safety.
Ride in the Back Seat
Don’t ride in the front seat and when you open the rear door, check the child safety lock (see next tip).
Check the Child Safety Lock
Before getting in an Uber or Lyft car and when you open the rear door check the child safety lock for the car’s passenger door to make sure it’s not on!
If the child safety lock is on, you won’t be able to open the door to get out. You can be kidnapped and sexually assaulted or killed if you can’t open the door.
IMPORTANT CHILD SAFETY LOCK TIPS FOR UBER & LYFT
If the child safety lock is on, DO NOT get into the car
If the child safety lock is disabled, stuck, or unable to move DO NOT get into the car
Call 911 and notify Uber or Lyft immediately
Note: Currently, most Uber and Lyft cars still have mechanical child safety locks on the rear doors but mechanical child safety locks on the rear doors are beginning to disappear, especially with EVs. Some cars now have electronic child safety locks for the rear doors that are controllable only by the driver.
Tesla does not have mechanical child safety locks on the rear doors. Tesla uses child safety locks that are controlled electronically on the computer console by the driver. This appears to make Tesla an unsafe car if you’re using Uber or Lyft.
Volvo also stopped using mechanical child safety locks on the rear doors.
How Do I Check the Child Safety Lock on the Most Popular Uber Cars?
The image at the top of this page shows where the child safety lock is located on many cars and how to check the child safety lock to make sure it’s not on. These videos show similar locations where the child safety lock is located and how to check.
This video shows where the child safety lock is located and how to check it on a Toyota and most cars
Chevrolet Child Safety Lock Tutorial
Honda OdysseyChild Safety Lock is in a slightly different location
Make Sure Your Phone’s Location-Sharing Is Turned On
Before you use the app to call an Uber or Lyft, check your phone to make sure your phone’s location-sharing is turned on. Do this before you get in the Uber or Lyft car.
If you are injured in an Uber or Lyft accident, even if you were not wearing a seatbelt, call the HURT-911® Uber accident lawyers in New York right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911
Use Trip-Sharing
Both Uber and Lyft have in-app trip-sharing features that allow you to share live updates on your trip with friends. Just hit “Share trip status” in Uber or “Share route” in Lyft.
But this will only help if something bad happens to you (Samantha Josephson’s boyfriend was tracking her phone during her fatal ride.) If you feel uncomfortable, get out or call 911.
Make sure your phone’s location-sharing is turned on. If you call 911, the police won’t know where you are unless location-sharing is on. Both apps now have an in-app panic button to call 911.
Let the Driver Know the Trip Is Being Tracked
Make a call and tell someone that you’re on the way in an Uber or Lyft and say, “I’m just calling to let you know I’m in an Uber, and I sent you the trip, so you’ll know when I’ll get there.”
If they don’t answer or you don’t really want to call anyone, make believe you are.
The driver will be less likely to commit a crime when they know someone knows where you are.
Open the App to the 911 Assistance Screen
You can download one of the emergency 911 apps that will call 911 and report your location. But Uber has a SWIPE TO CALL 911 button in the app. Have the SWIPE TO CALL 911 button ready, in case you need it because you have to tap a few times to get to it.
Open the Safety Toolkit
Tap 911 Assistance
The SWIPE TO CALL 911 button is now ready to swipe
Trust Your Instinct
If something seems “off” or “weird” about your driver, don’t get in. If you already did, get out wherever you see people or traffic. Never threaten your driver that you will call the police. Threats can only worsen the situation. Just get out or call 911 if you feel the need to threaten.
Never Make a Deal With Uber or Lyft Drivers
Never make a side deal with an Uber or Lyft driver to save money by logging out of the app. If you do that, you lose all the benefits of Uber and Lyft including safety features.
Benefits when the driver is logged in on the app:
Uber and Lyft use GPS to follow the movement of your car. Uber and Lyft will have recorded information showing where the car was at all times including what movements the car made and when. This is valuable information if there is an accident or if you go missing.
Uber and Lyft provide substantial insurance coverage.
When the driver is not logged in on the app:
Uber and Lyft do not know where you are.
Uber and Lyft do not know what movements the car makes.
You do not get insurance from Uber or Lyft, and the driver’s personal insurance can also disclaim coverage, leaving you with no insurance coverage.
Watch Traffic When Getting In and Out of the Car
Wait until the car is out of traffic before you attempt to get in. When you get out, exit away from traffic, and make sure not to open the door in front of bicycles, motorcycles, cars, trucks, or pedestrians. If you open the door into oncoming traffic and cause an accident, it is called dooring.
If you were injured when opening the door of an Uber car you may be able to be compensated for your injuries, even if you were at fault.
Don’t forget, if you were injured in an Uber or Lyft accident, call the HURT-911® Uber accident lawyers in New York.
What Should I Do if I Was Assaulted by an Uber or Lyft Driver?
What Should I Do if I Was in an Uber or Lyft Accident?
If you were in an Uber or Lyft accident, you may not be limited by the $1,250,000 liability insurance policy. Call the HURT-911® Uber accident lawyers in New York for a free consultation.
Just call the 1-800-HURT-911® Personal Injury Dream Team™ right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911
See why Tesla and Volvo are the safest cars to drive, from a personal injury lawyer’s perspective.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Questions & Comments About the Ultimate Uber and Lyft Safety Tips Guide
Some personal injury lawyers want you to see their doctor. Some personal injury lawyers won’t even take your accident case if you don’t see their doctor and it’s often a medical clinic that’s more interested in billing insurance companies than in your medical treatment.
Why Do I Have to See My Lawyer’s Doctor?
Why? Sometimes it’s because your lawyer gets free reports from that doctor and the doctor is willing to exaggerate injuries. These doctors and medical clinics are usually in Brooklyn and the Bronx. But these doctors and medical clinics are well-known to insurance companies, and it will actually hurt your case because the insurance companies don’t believe the medical reports.
Do I Have to See My Lawyer’s Doctor and Why Can’t I Go to My Own Doctor?
You do not have to see your lawyer’s doctor. If your personal injury lawyer insists that you see their doctor, it’s time for a new lawyer. You should see a doctor who you are comfortable with. See how to change to another personal injury lawyer.
A note about chiropractors: We sometimes have a client who prefers to see a chiropractor because they feel better after treatment and don’t get pain relief from an orthopedic surgeon. We have no objection to simultaneous treatment with both a chiropractor and an orthopedic surgeon, but we need an orthopedic surgeon for your case.
If your lawyer sent you to a medical clinic, you probably won’t be comfortable with that because these medical clinics are overcrowded and care more about making money than treating your injury. You can usually know when you’re in one of these medical clinics because you simply won’t want to be there. We represented several clients who called us after they were sent to a medical clinic by their lawyers.
Nyda Morales is one of our clients who was sent to a medical clinic by a lawyer in The Bronx. She wasn’t happy with the medical clinic, and the lawyer didn’t even take her case. We took her case and then she went to a top surgeon in The Bronx.
Listen To Nyda Morales, and how she moved from The Bronx to a new house on the Hudson River with a beautiful view!
Is It Ok to Ask My Lawyer for the Name of a Doctor?
Yes. Our clients often don’t know what type of doctor to see or who to see. We know some of the best doctors who specialize in treating various types of injuries.
We even know a specialist in plastic eyelid surgery! We had a client who had an injury to his eyelid, and his plastic surgeon told him he needed a plastic eyelid surgeon, but he didn’t know of any. We did!
What If I Can’t Afford to Pay a Doctor
Do I have to see my lawyer’s doctor if I can’t afford to pay a doctor?
If you were injured in a car accident, you are automatically covered by No-Fault medical insurance. If you were injured in any other type of accident, there are many ways your medical bills can be covered.
For instance, you may have medical insurance, you can apply for Medicaid if you qualify, we can get you a cash advance on your settlement to pay for medical insurance, or we can get the doctor to accept a lien on your case.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Have a question about Do I Have to See My Lawyer’s Doctor? Leave a Comment!
You should never try to settle your personal injury claim without a lawyer if you are injured. A personal injury lawyer will get you much more money than the legal fee will cost and protect your rights, which you can easily lose without a lawyer.
A personal injury lawyer will also protect you from government and insurance liens against your personal injury settlement.
Can I Settle My Own Accident Case Without a Lawyer?
Yes, you do not need a personal injury lawyer to settle your own accident case if it only involves damage to your car.
Insurance companies tell you that you don’t need a lawyer because they’ll treat you fairly and take good care of you. But find out why you should not try to settle your own case without a lawyer if you are injured and why you should notify your insurance company if you were not injured.
What Will Happen if I Try to Settle My Own Personal Injury Case Without a Lawyer?
Insurance companies typically settle for 2–10% of your injury value if you don’t have a personal injury lawyer. We call this nuisance value.
One of the tactics insurance companies uses to settle with people before they call a lawyer is a letter about a computer program called Colossus created for insurance companies to evaluate your injuries. It’s a great tool to sell a lowball settlement offer because if a computer computes the value of your injury, it must be correct, right? Of course, not.
Why Will the Insurance Company Delay if I Don’t Have a Lawyer?
If you’re looking for more money, the insurance company will delay and waste time
so you give in and accept a settlement amount in the lower range
so a lawyer won’t take your case anymore because too much time has gone by
so the statute of limitations expires, and you lost your right to get money
You will eventually give up and look for a personal injury lawyer when you find out that the insurance company will not settle for a fair amount.
We have seen people negotiate with an insurance company for as long as 2-3 years before calling a lawyer.
People who waited two years called us after they couldn’t find another lawyer willing to take the case because there wasn’t enough time to work on their case before the statute of limitations expired. Depending upon the type of accident, personal injury lawyers typically want a case at least 6-24 months before the statute of limitations expires.
People who called us three years after their accident found it was too late because they missed the statute of limitations.
Should I Settle My Own Personal Injury Case If I Need a Quick Settlement?
You don’t need to lose out on a lot of money and risk ruining your personal injury case because you need quick money after your accident. When you’re injured in an accident and need quick money, we can get you a lawsuit loan.
One of our clients needed money and wanted to settle his case, on his own, for a broken thumb that was almost amputated, but we got him several cash advances totaling $50,000, and then we settled his case for $1.2 Million!
Will My Case Be Hurt if I Try to Settle On My Own Before I Hire a Lawyer?
Yes. When you try to settle on your own, you risk the following:
Wasting 6-24 months before you give up.
Not knowing about some of your injuries (see below about our client who tried to settle for four broken ribs and didn’t know he had a concussion-we got him $1,000,000).
The insurance company will make you sign a release for a fraction of what your injury is worth. A lawyer will NOT be able to reopen your case.
Making it harder for your lawyer to obtain a settlement because of statements you made.
Possibly destroying your case.
You may find that no lawyer will want to represent you.
3 Examples of What Happened When Someone Tried to Represent Themselves Without a Lawyer
Injured Victim of Hit and Run Lost His Right to Collect $100,000
We received a chat from someone on our website who said he had a hit-and-run accident in his car a year ago. He filed a No-Fault claim himself and never had a lawyer representing him. Now, he needs surgery, so he called his insurance company.
This is what he wrote to us:
“Today I spoke with the state farm insurance, they told me that: claim for damages and injuries is open, the medical claim for any surgery is open.. and they also told me that: the car policy has self-protection [uninsured coverage].”
He decided to call a lawyer to make an uninsured claim, so he searched on Google and found our page about hit-and-run accidents and used our chat feature.
The good news is that because he filed a No-Fault claim, his No-Fault claim is still open, and State Farm Insurance will pay for his surgery and lost wages.
The bad news is that he never filed an uninsured claim, and it’s now too late. The Statute of Limitations for an uninsured claim is 6 years (not 3 years), so he is ok with that, but he needed to file an uninsured claim within 90 days or within a reasonable time after the accident.
We had to tell him that he waited too long to call a lawyer, it is too late to file an uninsured claim, and he lost out on $100,000.
Injured Victim Settled Broken Hip Without a Lawyer for Too Little
We settled a case for $45,000 for a woman who injured her knee in a car accident but did not need surgery. The woman and her husband were very happy. A year later, her husband broke his hip in a car accident when a car ran a red light and hit his car.
He immediately called us, but he only wanted advice because he wanted to settle the claim without a lawyer to save the legal fee.
The insurance company admitted 100% liability. There was a $300,000 insurance policy, and the claims rep told him they would treat him fairly. He believed it and thought they would be fair because their driver ran a red light.
I told him that he would never be able to get as much money as we could, but he insisted on trying. I told him to call me before accepting any settlement offer, and he said he would.
Two years later, he called to tell me that he was very happy that he settled his case for $60,000! He thought that was a lot of money. He actually did quite well for someone who isn’t a lawyer. I didn’t think they would ever pay him more than $45,000.
How much could we have settled for? We probably could have settled the case for the entire $300,000 Insurance policy in just six months without filing a lawsuit because the insurance company admitted 100% liability. $250,000 is at the low end of the settlement value for a broken hip.
How much money would he have received if he hired us?
$300,000 Gross settlement
-$100,000 legal fee
-$1,500 case expenses (approximately $150 to $1,500, but let’s assume $1,500)
= $198,500 to our client instead of $60,000
What if we could only get a $250,000 settlement without filing a lawsuit, and our client wanted to take it?
$250,000 Gross settlement
-$83,333 legal fee
-$1,500 case expenses (approximately $150 to $1,500, but let’s assume $1,500)
= $165,166 to our client instead of $60,000
Missed His Main Injury — He Thought He Only Had 4 Broken RIbs!
In this case, we had a client who broke four ribs and tried to settle his case on his own for three months. He would’ve been happy if he got $40,000, but, fortunately for him, the insurance company wouldn’t pay him more than $10,000.
When he came to us three months after the accident, we realized that he had a much more serious injury, a concussion that caused memory loss. But we couldn’t get the insurance company to pay for that injury because the claim rep said, “I’ve been speaking with him for months, and he sounds fine.”
Three years later, the insurance company offered us only $150,000 to settle, but after another year, we went to trial, and they had to pay $1 million.
Just before the trial, the insurance company’s attorney hired an expert doctor who testified that our client suffered memory loss and was not a faker. He testified that memory loss was due to smoking marijuana for years, but he could not submit any evidence to prove that.
How much more money did he get because he hired a lawyer?
$1,000,000 Gross settlement after trial
-$333,333 legal fee
-$44,619 case expenses
= $622,048 to our client instead of $10,000
Can I Settle My Own Accident Case Without a Lawyer if I Don’t Have a Serious Injury?
You can, but, again, a personal injury lawyer can get you a lot more money, and you may have more serious injuries that you weren’t aware were caused by your accident.
Example with a small injury in a car accident: When Lia was hit in the rear and bit her lip, the insurance company offered her $150. We settled her case for $16,000. That’s 106.66 times more money or a 10,566.7% increase over the settlement amount the insurance company offered.
How much more money did she get because she hired a lawyer?
$16,000 Gross settlement
-$5,333 legal fee
-$0 case expenses
= $10,667 to our client instead of $150
As Abraham Lincoln stated, “He who represents himself has a fool for a client.” And that goes for personal injury lawyers too. Even a lawyer can’t represent him or herself.
I broke my nose in a hit-and-run accident and tried to represent myself. Why? It was an easy case!
I settled dozens of cases with a broken nose, and hit-and-run accidents are easy. It’s an uninsured claim on my own insurance policy, and since no one can testify against me, it’s a 100% liability claim.
The insurance company knew I was a personal injury lawyer (they know who every lawyer is), so they should just pay me what my injury was worth. Right? That’s what I thought, but I was wrong.
Because they knew I’m a lawyer, they made a “generous” (for settling without a lawyer) offer of $7,000 for my broken nose, but I settled that injury many times before for $50,000.
My insurance company would not offer a fair settlement, and I had to hire a friend who charged me a legal fee, but he gave me a 1/3 discount.
See why my insurance company would not make a fair settlement offer in the next paragraph.
Why Won’t an Insurance Company Pay a Fair Settlement Without a Lawyer?
First, let’s look at why my insurance company wouldn’t pay a fair settlement to me even when they knew I was a personal injury lawyer. That’s because they knew I was trying to save the legal fee. The insurance company wants to save that money. They didn’t want to give it to me.
So, if you’re trying to save the 1/3 legal fee, the insurance company will want to keep that money for the company. They won’t give it to you. See what our 1/3 legal fee includes.
That means if you have a claim worth $100,000, the most the insurance company will offer you is $66,666.66 because you wouldn’t get more than that after legal fees.
But wait, the insurance company will never offer you that much.
Since you’re not a personal injury lawyer, they know you don’t know what your injury is really worth, you don’t know how to prepare your case, you don’t know what to do if they don’t offer more, and there’s nothing you can do about it anyway.
If the insurance company sees you’re trying to avoid hiring a lawyer, they know they have a good shot at paying you nuisance value, 2–10% of your injury value because
you’re trying to avoid the legal fee
you have no idea what you’re doing, and
there’s nothing you can do without a lawyer
they have nothing to lose and everything to gain by stringing you along for as long as possible
What Does the Insurance Company Gain if They Don’t Pay a Fair Settlement?
Time, money, and more money. The more time the insurance company keeps your money, the more money they make with your money.
If the insurance company can delay long enough, you may not be able to find a personal injury lawyer willing to take your case anymore, and you may even miss the statute of limitations, legally preventing you from ever filing a lawsuit.
The insurance company will either settle for pennies on the dollar, pay nothing at all, or you will eventually get a lawyer, and the insurance company saved time.
How Much More Money Can I Get With a Lawyer Than If I Settle My Case Without a Lawyer?
Consider these facts from a study conducted by the Insurance Research Council. The Insurance Research Council website says they are “an independent, nonprofit research organization supported by leading property and casualty insurance companies and associations.”
If you have a serious injury, just speaking to a lawyer about your rights can get you almost 40% more money than not talking to a lawyer.
If you have a lawyer, you could get 3 1/2 times more money on average from your insurance settlement than without a lawyer when comparing gross settlement amounts.
This chart from our 1-800-HURT-911 TV ad shows you the difference, on average, between settling without a lawyer vs. with a lawyer
How Much More Money Can I Get if You’re My Personal Injury Lawyer?
We have always been able to get many times more money than what insurance companies offered our clients and many more times what they offered us, often hundreds of thousands more! Take a look at some of our trial verdicts, arbitration awards, and settlements.
In one case, we got $465,000 for a knee injury when GEICO offered us only $10,000. That’s 46.5 times more money than the insurance company settlement offer!
In another case, our client tried to settle his case without a lawyer and gave up after three months when he couldn’t get the insurance company to pay a settlement of more than $10,000 for 4 broken ribs. We realized that he had a much more serious injury, a concussion that caused memory loss. After a trial, the insurance company had to pay $1 million.
If you don’t have a lawyer yet, don’t even think about settling without a lawyer.
Settling your personal injury case without a lawyer would be a big mistake. For many reasons, the insurance company will never offer you anywhere near as much money without a lawyer as they would offer if you’re represented by a lawyer, including lawyers representing themselves. I know because I tried to represent myself and couldn’t get a reasonable settlement, so I had to hire a lawyer!
If you already have a personal injury lawyer and want to settle without your lawyer, your lawyer will have to discharge you as their client. Your lawyer will be entitled to be reimbursed for case expenses and will likely be entitled to a legal fee.
When Don’t I Need a Lawyer When I’m Injured?
If you can’t find a personal injury lawyer to take your case and the insurance company is offering to settle for nuisance value, usually a few hundred dollars, you don’t need a lawyer.
For example, if you were hit in the rear in a car accident and bit your lip, you may not be able to find a personal injury lawyer to take your case because the injury is too minor. But if your accident was in New York, we’ll take your case!
We took these cases when someone bit their lip. We got $25,000 for this injury when our client bit his lip and $16,000 for another client who only had a mark as small as the one circled in purple. It’s not likely that you can settle your own case without a lawyer and get a settlement like that.
If you have an injury that is substantially more valuable than the limit of the insurance policy(s) of the people responsible for causing your injury, you may not need a lawyer to get your money, but you may still need a lawyer for other reasons.
Example: you broke your leg and had surgery when you were a pedestrian hit by a car with a $25,000 insurance policy.
The car’s insurance company should not give you a difficult time offering the entire $25,000 insurance policy. But you should call a personal injury lawyer who may be willing to give you advice for free or for a small fee.
Other Considerations Requiring a Lawyer
Besides just settling your case, many other considerations may require a lawyer.
Can You Get More Money from Additional Insurance Policies and Assets
A lawyer can determine if there are any other possible insurance policies and whether the driver, registrant, and owner of the car have enough assets to go after. We search for additional insurance policies and assets when our client has a valuable injury.
Release
The release that an insurance company will have you sign protects them very well but doesn’t do anything to protect you.
For instance, the insurance company release will allow the insurance company to pay any company that comes after them for liens, such as reimbursement of medical and other expenses. The release also allows the insurance company to go after you to get that money back. We do not allow our clients to sign an insurance company release without modifications.
Protecting Government Benefits
There may be government benefits affected by your settlement. We have been contacted by people who settled claims on their own only to find out that they either had to repay the money to the government or lose their benefits.
There are ways to protect your settlement money and keep your government benefits, but once you settle your case, it’s too late.
For instance, a lawyer can place your settlement money into a special needs trust or a pooled trust, but this has to be done before you receive your settlement money. You will then be allowed to spend your settlement money on almost anything you want without affecting your government benefits.
We frequently have clients with government benefits such as Medicaid, SNAP (food stamps), housing, etc., and we protect their settlement money so they can keep their benefits. Some of our clients have only $25,000 settlements, while others have settlements of hundreds of thousands or even millions of dollars.
When our client has a settlement of only $25,000-$50,000, we usually use a pooled trust. We usually use a special needs trust for settlements of more than $50,000. There are many differences in cost and use between a special needs trust and a pooled trust which require a discussion with our client.
What Should I Do if I Was in an Accident, but I Wasn’t Injured?
If You Were Not Injured and Your Car Was Damaged
Your insurance will pay to repair your car if you have collision damage coverage. If you do not have collision damage coverage, you can file a lawsuit in small claims court or hire a general practice lawyer.
You must always notify your insurance company when you are involved in an accident because other people may file a claim or lawsuit against you for property damage or injuries, even if you think it was their fault and no one was injured. If you don’t notify your insurance company, you may lose your coverage and a free lawyer to represent you.
Personal injury lawyers typically do not represent people for collision damage. We will represent you for collision damage if you were also injured.
If You Damaged Someone Else’s Car
Do not try to settle your accident on your own. If you settle an accident claim without notifying your insurance company, you could have a problem if the other person goes to a lawyer later. Your insurance company could disclaim coverage. Just notify your insurance company and let them handle it.
What to Do if You Are Being Sued for Injuries or Property Damage
If you are being sued for injuries or property damage, your insurance company will represent you after a claim is filed and before a lawsuit is started.
Once a lawsuit is started, your insurance company will assign an attorney to represent you. It is rare that you will need to pay a lawyer to represent you in addition to your insurance company lawyer.
Do I Need a Lawyer if I Have Substantial Property Damage?
If you have substantial property damage or damage to your house or building, you may need a lawyer.
How much is substantial property damage? In New York, substantial property damage worth hiring a lawyer would probably be more than $25,000.
You can file in Small Claims Court without a lawyer for up to $5,000. If you hire a general practice lawyer, it could cost several thousand dollars.
If you had property damage of more than $100,000, call us for a free consultation.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Comments About Can I Settle My Own Accident Case Without a Lawyer?
Do you think you’re safer in one of those big old cars that were tanks or a small new car?
My Head-On Crash Between a Pontiac Tempest and a Cadillac
In high school, I had a 1968 Pontiac Tempest which was a tank. I was making a right turn when a woman in an even bigger car, a Cadillac, made a left turn on the wrong side of the street. Her Cadillac had a head-on collision with my car.
From the driver’s seat, I saw that the front of her large Cadillac was completely destroyed. The Cadillac was totaled. I got out, and to my shock, my Pontiac Tempest didn’t have any damage, not even a scratch or a broken headlight!
Which Is Safer, a Big Old Car or a New Small Car?
But what about a crash between one of those old large tanks and a much newer small compact car with modern safety features? Which car do you think you would be safer in? Maybe it’s the old tank or maybe the newer small compact car.
First Video of a Crash Test Between an Old Car and a New Small Car
Nigel Latta did the first and one of the only crash tests between an old car and a newer small compact car. The video is broadcast on Curiosity Stream, but you can watch the video below to find out which car you’re safer in.
So, which is safer, one of those big old cars that were tanks or a new small car? Watch the video
This is another video showing crash tests of old vs new cars and old large cars vs new cars. You may have to slow down the video to really see the damage to the cars.
Is a Large Modern Car Safer Than a Small Modern Car?
When comparing cars of the same year with almost equal safety features, bigger is still better. People in bigger heavier cars are safer than people in smaller lighter cars. Take a look at this crash test video using the same small car as Nigel Latta’s video of the crash test between an old car and a newer small car.
Is an SUV Safer Than a Car? See this video by the Insurance Institute for Highway Safety
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
A. Yes. It’s best to notify your insurance company because even if both cars do not have any damage, an occupant of a car can have a serious injury. If you do not timely notify your insurance company and you are sued for personal injuries, you can lose your insurance coverage which includes money to pay a lawyer to defend you and pay the claim against you if it is a legitimate claim. We have many clients who were injured in car accidents with little or no damage.
Why Should I Notify My Insurance Company When There Was No Damage to the Car?
You paid your insurance company to defend you and pay any claims against you if you have a car accident. You might as well get what you paid for.
If you notify your insurance company, you will get three very valuable benefits that could cost you a lot of money if you don’t have insurance.
The first benefit is that the insurance company will pay a claims representative to investigate and handle the claim at no cost to you. The claims representative will investigate to make sure there is no fraud and to minimize the value of a legitimate claim.
The second benefit is that the insurance company will pay a personal injury defense lawyer to defend you. If someone files a lawsuit against you and you had to hire a personal injury defense lawyer, it could easily cost you as much as $50,000 or more.
You may also be sued for causing property damage to another car or other property. You want to make sure your insurance company will defend you and pay any money you are required to pay.
The third benefit is that the insurance company will pay the claim settlement or judgment against you. This benefit is actually two benefits in one. Let’s assume you have an insurance policy with a $100,000 liability limit.
First, the insurance company will pay the claim, so you don’t have to. If the person, who you thought wasn’t injured, actually had surgery because of the accident, your insurance company should offer to settle the claim for the entire $100,000 limit, so you don’t have to pay out of your pocket.
Second, your insurance company will not agree to pay the $100,000 unless the person making the claim against you signed a release that releases you from any further liability. When your insurance company settles the claim, you’re completely off the hook.
What Do You Have to Do to Be Protected Against Someone Who Sues You?
Pay your insurance premium on time.
Promptly notify your insurance company of an accident, claim, and/or lawsuit against you.
Cooperate with your insurance company by giving them a statement and appearing for a deposition if you are required to because a lawsuit was filed.
What Do I Tell My Insurance Company After Being at Fault in an Accident?
If you were not injured, call your insurance company as soon as possible.
Don’t lie to your insurance company about how the accident happened. You may be afraid that your insurance premium will increase your insurance premium if they think the accident was your fault, but your premium may not increase.
More importantly, if the accident really was your fault or partially your fault and you claim it wasn’t, your insurance company will probably not agree to settle the claim. This will cause a personal injury lawyer like us to file a lawsuit and go after your personal assets.
Some New York personal injury lawyers like us may refuse to accept a settlement at the time of trial. Lying to your insurance company can put your personal assets at risk.
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family! We’ll immediately protect you from the insurance companies!
“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.” —Lia Fisse
Our call center operators and chat operators are available 24/7.
Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free,no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
Then just text or call us any time you want during your case!
Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends. 1-800-HURT-911 1-800-487-8911
You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
Get the HURT911® Dream Team™ on your side! Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation 1-800-HURT-911 1-800-487-8911
Comments About Do I have to notify my insurance company when there was very little damage to my car?
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Injured? Call 1-800-HURT-911® New York’s Personal InjuryDream Team™ right now for your free consultation!
