Category Archives: Accidents

How Do I Pay for Funeral Bills after a Car Accident?

FAQ: Paying for Funeral Bills after a Car Accident

Q. If someone dies in a car accident, does insurance pay the funeral bills?

A. Partially. The New York no-fault insurance death benefit amount for funeral bills is only $2,000. Additional money to pay funeral costs is also available from other sources. Money can be obtained immediately with a cash advance on a lawsuit.

The defendant and the defendant’s insurance is also responsible for all damages and costs, although a lawsuit might need to be started to get money from the defendant.

The $2,000 New York no-fault insurance death benefit is available for the following types of accidents: car accidents, pedestrian accidents and bicycle accidents when someone is killed when struck by a car, truck or bus. The New York no-fault insurance death benefit is not available to motorcyclists and passengers on a motorcycle but is available to pedestrians hit by a motorcycle.

Please call us and we will be happy to let you know how we can get money from other sources to pay for the funeral bills and how we can help you.

1-800-HURT-911
1-800-487-8911

Q. How much does a funeral cost?

A. The average cost of a funeral in New York is approximately $8,000-$10,000. If someone else was even partially at fault for the car accident, call us and we can arrange to get the additional money you need to pay for the funeral.

All of the minimum amounts regulated by New York insurance laws are significantly less than they should be and have not kept up with inflation. This is certainly one of them because the cost of a funeral today is far more than $2,000.

Q. Does the insurance for the car which caused the accident pay for the funeral?

A. The owner and driver of the car which caused the accident or is even partially at fault for causing the accident are responsible to pay all damages including funeral costs. However, while it might be possible to get the insurance company to pay for the funeral up front, it’s usually not likely.

When a wrongful death case is settled, the New York Surrogate’s Court will issue an order stating that the funeral bills must be reimbursed from the settlement to the person who paid them.

Q. The accident was a Hit and Run. Will insurance still pay for the funeral?

A. Yes. The estate is entitled to receive money when there is a hit-and-run accident and there is also a $2,000 death benefit for funeral bills. Call us immediately because there is a very short time deadline to file a claim.

A claim with the New York state crime victims compensation fund may also be filed when the death was caused by a crime such as with a hit-and-run accident, drunk driver, drag racing or a stolen car.

Q. Does the $50,000 no-fault insurance coverage pay for the funeral?

A. No. The $50,000 minimum no-fault coverage and optional increased coverage (OBEL) pays for medical and other bills. See what no-fault pays for in New York.

Q. No-fault won’t pay for the funeral because the $50,000 no-fault limit was paid

A. The $2,000 death benefit is in addition to the minimum $50,000 PIP (Personal Injury Protection) available from no-fault insurance in New York State. Insurance company claim representatives have tried to tell me that the $2,000 comes out of the $50,000 minimum PIP, but this is incorrect.

When a State Farm claims representative sent a letter stating they were paying $2,000 out of the $50,000 PIP, I used that to our advantage to get State Farm to pay a total death benefit of $4,000 for funeral bills.

Q. What New York law states that no-fault insurance has to pay for the funeral?

A. Article 51 of the New York Insurance Law § 5103. Entitlement to first-party benefits (a) (4) states, “The estate of any covered person, other than an occupant of another motor vehicle or a motorcycle, a death benefit in the amount of two thousand dollars for the death of such person arising out of the use or operation of such motor vehicle which is in addition to any first party benefits for basic economic loss.”

Consequently, if all of the minimum $50,000 PIP no-fault benefits have been paid out and there is no money left, do not let the no-fault insurance claims representative tell you that they cannot pay you the $2,000 death benefit because there is no more money. But your lawyer should be taking care of these problems for you.

If you have a family member who was killed in a car accident in New York, we will take care of all of these problems for you.

Call the HURT911® 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

At HURT911® you can speak with Dream Team Partners Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need, days/nights/weekends.

Attorney Rob Plevy, Esq.         Attorney Phil Franckel, Esq.

Get the HURT911® Personal Injury 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

New York Serious Injury Lawyer logo

How to Hire an Accident Lawyer

9 Questions To Ask Before Hiring a Personal Injury or Accident Lawyer

  1. Does the lawyer provide a free consultation without any obligation from you? Hire a lawyer who provides a free consultation without obligation.
  2. Does the lawyer take cases with your type of injury and accident? If not, look for a lawyer who does.
  3. Will the lawyer advance all case expenses so you don’t need any money?
  4. Will you be responsible to pay any legal fees or case expenses if the lawyer does not get you money? Hire a lawyer who will not make you responsible for any money if your case loses or is discontinued. Your legal fee should be 1/3 of what your lawyer gets you and is paid only at the end of your case.
  5. Will you be charged interest on case expenses? Hire a lawyer who does not charge you interest.
  6. Will the lawyer ask you to get any accident reports, medical records or other documents? Hire a lawyer who will do everything for you.
  7. Will you be able to call the lawyer, not a paralegal or secretary, whenever you have a question? Hire a lawyer who is willing to speak with you personally whenever you have a question.
  8. Does the law firm practice in any other field other than personal injury? Hire a law firm that only does personal injury.
  9. Does the law firm ever represent defendants? Hire a law firm that does not represent defendants and only represents plaintiffs.

See the fees and services provided by New York Serious Injury Attorneys at HURT911®

See How to Compare Personal Injury Lawyers in New York

See How Do You Know If You Can Trust Your Personal Injury Lawyer?

Call the HURT911® 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

At HURT911® you can speak with Dream Team Partners Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need, days/nights/weekends.

Attorney Rob Plevy, Esq.         Attorney Phil Franckel, Esq.

Get the HURT911® Personal Injury 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

New York Serious Injury Lawyer logo

What Not to Do after an Accident

A lot of personal injury lawyers tell you what to do after an accident. Call 911. But that’s pretty obvious. (We tell people to call 911, then call 1-800-HURT-911®)

This article will tell you what not to do after an accident, which is not obvious.

The quick answer:

  • Don’t speak to anyone who contacts you about medical treatment
  • Don’t speak to anyone who contacts you about a lawyer
  • Don’t speak to any insurance company

Someone Offers You Money to Go to a Doctor

You may be offered as much as $1,000 to see a doctor. It may sound like a good deal, especially since you need to see a doctor anyway.

What Not to Do: DO NOT accept money from anyone or agree to go to the doctor being recommended! Find out why taking $1,000 now, can ruin your personal injury case and cost you tens of thousands, hundreds of thousands, or even millions of dollars later.

Someone Calls You from the Hospital or Doctor Asking You to Come In

You may receive a call on the day of the accident or day after the accident from someone claiming to be calling from the hospital or medical clinic telling you to come in for a follow-up appointment.

This is not the hospital calling. This is a scam run by a medical clinic, similar to the one mentioned above when someone pays you money. You can ruin your personal injury case if you go to the medical clinic. Find out why someone calling you from the hospital or medical clinic is a scam.

What Not to Do: DO NOT go to the clinic. Do not make an appointment. Just HANG UP THE PHONE! If you need to see a doctor, go to your own doctor. If you need emergency medical treatment, go to the emergency room at a hospital. If you do not know a doctor to see, we will be happy to give you names of doctors near you.

Someone from Your Insurance Company Calls You

Either you will get a call from an insurance company claims representative or you will call your insurance company.

The claims representative will be very nice to you and so sorry to hear about your accident and injury. It may feel nice to know that your insurance company cares. But, guess what, they don’t!

Your insurance company only wants to get the information they can use to reduce the amount of money your claims will cost them. The insurance company even has manuals telling the claims representatives what to say to you.

When you speak with anyone at your insurance company, your call will be recorded and what you say will probably hurt you, even if you think you’re smart enough to know what to say.

You will be asked about your accident and how it happened. You will also be asked about your injuries and how you are feeling. The insurance company doesn’t really care how you are feeling. They want to manage your medical treatment so it doesn’t cost them a lot of money. for instance, they may be able to prevent you from getting an MRI.

What Not to Do: DO NOT speak to anyone at your insurance company before speaking with a personal injury lawyer. If you receive a call, simply say “I can’t speak right now and I will call back.” Then, call us 7 days/nights for a free consultation with no obligation at:
1-800-HURT-911
1-800-487-8911

When you fill out claim forms, you may not include important information and may include information which can hurt you. When you call us, we will speak with your insurance company for you and we will fill out and file all of the insurance company claim forms which they require.

Someone from Someone Else’s Insurance Company Calls You

The other insurance company will also try to call you to get information to protect them by reducing the value of your claim. They will say they just want to hear your story about how the accident happened.

Telephone conversations that insurance companies are always recorded. The claims representative is trained by the insurance company to get the information they need to reduce or eliminate your claim.

There are many tiny details in the law that they know about and you don’t, which can ruin your claim. For instance, in a hit-and-run accident, they will always ask you if you were cut off. If you say yes, they will deny your claim.

What Not to Do: NEVER speak to anyone at someone else’s insurance company! NEVER give a statement!

It’s possible that the claims representative will say that you don’t need a lawyer, that they will treat you fairly and that attorney’s fees will cost you a lot of money. This is absolutely not true. While research by insurance companies has shown that on average, people can get 3 1/2 times more money with a lawyer than without a lawyer, most personal injury lawyers can probably get you 5-10 times more money.

Insurance companies would love for you to be unaware of your rights. However, it’s unlikely that a claims representative will tell you that you don’t need a lawyer because it’s illegal. But Allstate was criminally convicted after doing that. It saved them so much money that, apparently, they did it again and was criminally convicted a second time.

Call the HURT911® 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

At HURT911® you can speak with Dream Team Partners Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need, days/nights/weekends.

Attorney Rob Plevy, Esq.         Attorney Phil Franckel, Esq.

Get the HURT911® Personal Injury 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

New York Serious Injury Lawyer logo