Category Archives: Insurance

Should I Talk To The Insurance Company or Give a Statement?

No. Never give a statement or speak with an insurance company insuring the vehicle that hit you. The claims representative is your adversary and wants to get information to deny your claim.

You should even call a personal injury lawyer before speaking with your own insurance company.

What Should I Say To The Insurance Company About My Accident?

This is what to say if you get a call from an insurance company:

  • If you have a voicemail from any insurance company, don’t return the call. Call an attorney.
  • If you accidentally answer the call, say, “I don’t want to say anything until I speak with a lawyer” and hang up.
  • If you accidentally answer the call and you have a lawyer, just say “Please call my lawyer at… and give the lawyer’s phone number.
Should I talk to the insurance company? These insurance representatives are asking me for a statement.

Should I talk to the insurance company? These insurance representatives are asking me for a statement.

If I Just Talk To The Insurance Company, Is That a Statement?

Yes. Insurance companies record all conversations. When you speak with an insurance company representative, you are giving a statement. It may not be as formal as when they ask for a statement but your conversation may hurt your case.

What’s the difference between speaking with an insurance representative and a statement? When the insurance company asks for a statement, they will ask you a lot of questions about the accident and your injury.

If I Already Gave a Statement, Do I Still Have a Case?

Yes. If you had a car accident in New York or another type of accident in New York and already gave one or more statements, we still want to represent you!

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We Will Not Allow An Insurance Company To Get a Statement From You

We will immediately contact all insurance companies to advise we represent you and that they are not allowed to contact you. Once we do that, no insurance company can contact you without our permission.

We do not allow our clients to give statements to any insurance company that is not your insurance company.

We will prepare you before you give a statement to your own insurance company. We can also request your insurance company to send written questions to us which we can review before submitting.

What Will Happen If I Talk To An Insurance Company?

At best, speaking with an insurance company claims representative will make it more difficult to settle your case early on for full value and can delay your case by 12-24 months. At worst, it may substantially devalue your case or even make it worthless. This is just one of the many reasons why it’s best to call a lawyer immediately after your accident.

Don’t forget, anytime you speak with an insurance representative, you are being recorded and your statement can be used against you. The insurance representative is not on your side and is trying to get information to protect the insurance company.

Many clients have called us days, weeks, or even months after an accident and after they gave a statement to the insurance company claims representative. Some clients have even had multiple conversations with the claims representative.

  • Usually, when clients gave statements, their cases just took longer because the statement made it more difficult to obtain a fair settlement.
  • In some cases, the insurance company refused to settle because of a statement and the case had to go to trial.
  • In a few cases, clients significantly damaged their case.

The Insurance Company and Defendant’s Lawyer Will Use Your Statement To Make It Look Like You Are Lying

If you give a statement to an insurance company, they will have one more statement to compare. If your case goes to court, you will give two more statements. You will have to testify at a deposition and you may have to testify at trial.

By comparing three different statements, years apart, it’s easy to find small discrepancies to make it look like you’re lying or exaggerating when you’re really telling the truth.

Even if your statement doesn’t provide any damaging information, a good attorney will use your statement to find discrepancies and twist your words to make it sound like you’re not telling the truth.

Your Statement May Include Damaging Information

We have clients who made statements about how the accident occurred not realizing that they gave information to the insurance company that they can use to defend the claim.

Sometimes clients think they know what to say to prove someone else was at fault. But that never works out well. They often make statements that do the opposite. Even a personal injury lawyer should never give a statement in his or her own case.

You May Say Things During Your Statement About Your Injury That Prevents an Early Settlement

We also have clients who made statements about their injuries which prevented an early settlement.

One of our clients complained about broken ribs but didn’t mention a concussion when he tried to settle the case himself. He spoke with an insurance representative several times for months but was never able to settle his case.

Finally, he called us. We knew his broken ribs are worth a lot of money but his concussion was worth a lot more. But the insurance representative said he sounded fine and didn’t believe he had a brain injury so we made a 3-D color video of the hospital CT scan showing the bleeding in his brain.

Because he spoke with an insurance representative the insurance company offered $150,000 to settle and we had to take the case to trial. The jury gave $1,000,000.

When You Talk with an Insurance Representative They May Think You’re Not Injured

Often the insurance claims representative tells us, “your client said he wasn’t really hurt” or “your client never mentioned he hurt his shoulder”.

Later, when the pain from an injury doesn’t go away or becomes worse, we get a call. Now, the insurance claims representative may think we’re trying to create injuries that don’t exist and refuse to make a reasonable settlement offer. This can force us to start a lawsuit that can add years to your case.

So this doesn’t happen to you, it’s important to understand why you might not be aware of all your injuries after an accident.

Why You May Not Know About Your Injuries After an Accident

Some injuries are not immediately obvious because the pain from one injury distracts from other injuries.

For instance, the pain from a broken rib can mask the pain from a knee injury with a torn ligament. Months later when the rib pain subsides, the pain from the torn ligament becomes a problem. Months after that, your doctor says you need surgery for the torn ligament.

Often, people just don’t realize they were seriously hurt until weeks or even months after the accident. Many clients thought they just sprained a knee or shoulder and thought it would go away but when the pain doesn’t go away and they get an MRI months later, they find out that it wasn’t a sprain but a ligament tear requiring surgery.

Symptoms from a lifelong brain injury caused by a concussion are often noticed months after an accident and are not recognized as having been caused by the accident. For instance, someone may notice they have become forgetful, irritable, or have difficulty sleeping but not realize why.

Unfortunately, emergency room doctors are only concerned with keeping patients alive and never refer patients to appropriate medical specialists for follow-up unless they see a broken bone in the hospital. But even broken bones frequently aren’t seen in the hospital.

How Are Insurance Companies Trained to Take Statements?

Insurance company claims representatives are trained to get the information from you that they need to deny or minimize your claim. They have detailed manuals with questions and depending upon your answers, more questions to obtain the information they want.

Think of giving a statement as volunteering for an interrogation.

Just talking to an insurance company is like giving an insurance statement in this room looking like a dungeon

Picture yourself giving a statement here

Additionally, claims representatives are often trained on what to say to persuade you not to call a lawyer. They don’t want you to speak to a lawyer because they want to have an advantage over you and they don’t want you to know what your injury is really worth. If you don’t call a lawyer, they may be able to settle with you for $40,000 when your injury is really worth $400,000.

After Allstate’s training manual got out, Allstate sought an order from a federal court in New York to keep it secret. The training manual instructs adjusters on what to say to stop injury claimants from calling a lawyer.

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.

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What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

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Can I Accept an Insurance Offer for Collision Damage to My Car When I Was Injured?

If your car was damaged and the accident was the fault of another driver, that driver’s insurance company may offer to pay you directly for the damage to your car. Can you deposit the insurance check? Find out.

Can I Negotiate With The Other Driver’s Insurance?

There are two times you may consider filing a claim for property damage or collision damage with the other driver’s insurance company:

  • You did not have collision damage coverage on your insurance policy.
  • You have collision damage coverage on your insurance policy but the other driver was 100% at fault and you don’t want to make a claim on your own insurance policy.

car damage caused by truck in T-bone accident

You Did Not Have Collision Coverage

If you did not have collision damage coverage on your insurance policy, you have no choice but to settle with the other driver’s insurance company if you want to get reimbursed for the damage. But find out below what you need to do.

Should I Sign a Release for Collision Damage?

Most insurance companies in New York do not require you to sign a release for collision damage. If you are not asked to sign a release for collision damage, you can accept a check as payment for the damage to your car and deposit the check without a problem.

If you do not sign a release, you can submit proof of additional damage if your body shop finds additional damage and receive more money to repair your car.

If you signed a property damage release, you will not be able to get more money if your body shop finds additional damage after starting work on your car.

The Release Must Be for Property Damage Only

If the other driver’s insurance company wants you to sign a release, you must make sure that the release states it is for property damage only. If the release is a general release, it will include injuries and prevent you from filing a claim for injuries.

It’s best not to sign a property damage release without having it reviewed by an attorney. If you already retained a personal injury lawyer, do not sign a property damage release without the knowledge of your lawyer.

If you were injured and have not yet retained a personal injury lawyer, call us for a free consultation and we will be happy to discuss the release and review it with you for free.

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You Were Injured but the Other Driver Was 100% at Fault and You Don’t Want to File a Claim against Your Insurance Company

If you were injured in New York and have collision coverage, it’s best to go through your collision coverage. The claim will likely have no effect on your insurance premium because you will also have a no-fault claim against your insurance policy.

If you still don’t want to use your collision coverage and you’re getting 100% of the damage paid by the other car’s insurance, you can settle the collision damage claim against the other driver’s insurance. But if the other driver’s insurance company wants you to sign a release make sure to have your personal injury lawyer review the release.

Tip: Ask your personal injury lawyer to take care of your collision damage claim against the other driver’s insurance because if you do it, the insurance company will get a statement from you. See why you should not give a statement to the insurance company.

Beware of Signing a General Release

We represented a client for injuries who thought she was signing a release to settle the collision damage claim on her car. Later, when her injury started getting worse, she came to us to represent her for her injury.

When we sent a claim letter to the insurance company, the insurance company argued that her claim for both property damage and injuries was released. Apparently, she had signed a general release. She was lucky because we claimed fraud and successfully had the release voided.

Don’t let the insurance company trick you into signing a release. Call us for a free consultation.

Why Should I Use My Collision Coverage Instead of Filing a Claim with the Other Drivers Insurance?

You have a number of benefits when you file a collision damage claim with your own insurance company. Your insurance company has legal and contractual obligations to you. Someone else’s insurance company does not have any contractual obligations to you.

When you file a collision damage claim with your insurance company, the insurance company has an obligation to quickly inspect your car and pay the money to repair your car. Someone else’s insurance company can take their sweet time while you’re getting impatient.

Can I Keep the Money from the Insurance Company or Do I have To Repair or Fix My Car?

You have no obligation to fix or repair your car when you get paid either from your own collision damage coverage or another driver’s insurance policy.

The money is to reimburse you for the loss you sustained which is the diminished value to your car. You can do whatever you want with the money. If you sell your car to someone else and did not fix your car, it is now worth less than it was before the accident.

However, you should take photos of the damage and make sure you can document exactly what was damaged in case your car is in another accident and additional damage is caused. You will only be able to recover money for the additional damage.

Related Articles

Can I Sue for Injury If There Was No Damage to the Car?

What type of attorney do I need if someone damaged my property or building?

Can I Settle My Own Accident Case Without a Lawyer?

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“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

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

New York Serious Injury Lawyer logo

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If I Sue My Family, Relative or Friend Will Their Insurance Premium Go Up?

Angry woman friend thinking her insurance premium will go up if her friend files a claim

If I sue my husband, wife, or friend, will their insurance premium go up?

Insurance companies cannot raise insurance premiums in New York for some accident claims against family members or relatives but insurance premiums can be increased with other claims.

When a premium can be increased, it’s never possible to answer the question, “Will their insurance premium go up?” Every insurance company and insurance policy is different and underwriting decisions are company secrets. However, an educated guess is possible – keep reading!

When The Insurance Company Cannot Increase Your Relative’s Premium

If you are injured in a hit-run accident, pedestrian accident, or bicycle accident and live with a relative who owns a car, you can file an uninsured claim against your relative’s car insurance and their premium cannot be raised.

The New York State Department of Finance Office of General Counsel issued an opinion that your family member or relative’s insurance company is NOT allowed to increase their insurance premium if you file an uninsured claim because they weren’t at fault.

If you were injured in a car accident and live with a relative who owns a car with more insurance than the car that caused your injury, you can get more money by filing an underinsured claim with your relative’s insurance company. Again, your relative’s insurance company can NOT increase your relative’s insurance policy premium if you file a claim!

When Can The Insurance Company Increase My Relative’s Premium?

If your friend or relative was driving their car and was negligent for causing the car accident and your injury, you could file a liability claim and their premium could be increased at renewal. Read below about our client who got $100,000 from his brother’s insurance and then gifted money to his brother to pay the entire premium.

If you tripped at your cousin’s house, the insurance company could increase the premium but it’s not likely. Insurance companies make much more profit on homeowner policies and are more tolerant of claims. See, below, what happened to my homeowner’s policy premium when my father was insured at my house and sued me.

But The Insurance Premium May Not Go Up

The insurance premium probably will not go up just because you sue your friend, family member, spouse, or relative.

Insurance premiums are not always increased because a claim is filed or because there was an accident. But an insurance premium might be increased because of an accident even if no claims were filed. For instance, you could have an accident without injuries or claims but if a police report was filed, your insurance company will find out about it.

Insurance companies usually look at various factors such as how many accidents or incidents occurred in a number of years, how much was paid out, how many tickets an insured has, credit history, age, zip code, and much more.

Someone Else Can File a Claim That Can Increase The Premium

Many different claims are filed by different people and companies when you are injured in an accident.

Again, the insurance premium may not go up just because there was an accident with claims. But when an insurance company decides to increase a premium, any one of these claims can result in the premium going up even if you don’t file a claim for your injury or property damage.

For instance, the following people and companies may directly file a claim:

  • Property damage someone else sustained
  • Hospital, ambulance, doctors, and other medical providers
  • Other people injured
  • Even the government may file a claim

If you have an accident that can be covered by your family’s or relative’s insurance, it is likely that your family’s or relative’s insurance will have to be involved in the claims process anyway, even if you don’t file a claim.

Adding Your Claim To Others Should Not Increase The Premium

If your family member or relative’s insurance premium is increased because of an accident or incident, any one of the above claims can trigger the increase.

Additional claims for the same accident or incident should not affect the policy premium because insurance companies look at the incident, fault, and total paid out for all claims.

For instance, if you are injured in a friend’s car, the hospital will file a claim against your friend’s New York no-fault insurance to get paid for treating your injury and that can increase the premium even if you don’t file a claim.

How Much Will The Insurance Premium Go Up?

If the insurance premium is increased, it may be a very small amount or could be more depending on the policy claims history and other factors.

Liberty Mutual canceled my auto insurance when I was stopped at a red light and hit in the rear by a drunk driver who was arrested and convicted. When Liberty Mutual canceled my policy, I would have been assigned risk. But I called Allstate and they sold me an insurance policy with the same coverage for only $60 more.

USAA is known for not canceling policyholders and not increasing premiums because of a claim. If you were in the military or a son or daughter of a current or former member of the military, call USAA.

Even if the insurance premium increases, it will be a very small amount compared to the amount of money we obtain for you. The premium increase could usually be somewhere between a few hundred dollars to $1000 per year for three years.

If we only obtain $50,000 for you, it will more than cover the premium increase. Just make a gift to your friend to pay his premium increase. If we settle your case for $100,000 or $300,000, do you really want to think about the cost of a premium increase?

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What Can Happen If I Don’t File A No-Fault Claim With My Family’s Insurance?

If you are injured in a relative’s car and give your health insurance to the hospital because you don’t want to file a no-fault claim against your family’s insurance, you’re looking for problems.

The hospital will file a claim with your health insurance company and one of three things can happen.

  1. The hospital may bill the car’s no-fault insurance if the hospital quickly finds out you gave them your health insurance information.
  2. Your health insurance company will obtain a copy of your hospital records and deny the hospital bill when they see you have injuries from a car accident. The hospital will start billing you for your medical treatment which could be thousands of dollars.
  3. Your health insurance company may pay the claim and later find out that you were injured in a car accident and come after you to get their money back.

If any of these things happen to you, call us and we will fix the problem.

One of our clients was injured in a single-car accident in another state. The car was driven by a friend who was uninsured. A personal injury lawyer in that state told her that she didn’t have a case because the driver was uninsured.

When she got out of the hospital and came back to New York, she called us. We told her that since she was living with her mother at the time of the accident, she could file an uninsured claim with her mother’s car insurance. But her mother would not let her file a claim because she was afraid her insurance would go up.

Six months later she called us back because her mother’s health insurance found out that she was injured in a car accident. The health insurance company sent a letter to her mother asking her to repay the $16,000 hospital bill because New York State law requires no-fault to pay for injuries caused by a car accident even if the accident was in another state.

We filed an uninsured claim against her mother’s car insurance and settled the claim for $100,000.

What Happened When Someone Didn’t Want To Sue His Brother

I had a disabled neighbor who broke his hip requiring surgery when his brother’s truck rolled back in his driveway and hit him. My neighbor didn’t want to file a no-fault claim against his brother’s insurance or sue his brother and his family was adamant about it so he made up a story that he tripped.

This meant that Medicare would have to pay the medical bills instead of the truck’s no-fault insurance and also meant that my neighbor wouldn’t receive compensation for his injury.

The problem is that New York State law determines which insurance has to pay medical bills in a car accident. Eventually, Medicare stopped paying and he now had to file a claim with the truck’s no-fault insurance but it was now 6 months after the accident and he only has 30 days to file a no-fault application.

Although it was late, we got his brother’s no-fault insurance to reimburse Medicare $50,000. We also got his brother’s insurance to pay our client the entire $100,000 policy.

Of course, we never sued his brother because our client didn’t want to. We believe our client paid his brother’s entire insurance premium as a gift.

What Happened To My Insurance Premium When My Father Sued Me

My father was injured at my house when he tripped on a toolbox I left on the steps to the garage. There are three steps to the garage and when the house was built, the builder didn’t install a handrail. My father tripped and went flying into and over a large air compressor I had in the garage. After my father’s accident, I installed a handrail!

I reported the accident to my insurance company. I then called a friend.

My house where my father was injured in an accident but my insurance premium never went up

I can’t sue myself, so I called a friend who is a personal injury lawyer and said, “I need you to sue me”. The claim was settled for $75,000.

My insurance premium was never increased because of the accident. In fact, I’m still with the same insurance company and my insurance premium is about what it was 25 years ago when the accident happened.

Am I Taking Advantage Of The Insurance Company?

No. Insurance companies determine how much money they will have to pay out for claims. The insurance company adds the cost of overhead, sales commissions, other risk factors, and desired profit to calculate the premium.

What if I sue my wife or husband? If you want to be able to sue your spouse you will buy special coverage for that and pay a separate additional premium.

Your insurance company determines how much money they will have to pay to policyholders who sue a spouse. Again, the insurance company adds the cost of overhead, sales commissions, other risk factors, and desired profit to calculate the premium.

If you don’t want to file a claim against your husband or wife, why did you pay for the insurance coverage to do that?

Is Suing My Friend or Family Member Bad?

You won’t file a lawsuit against your friend or family member to get their personal assets or money and they won’t need to hire a lawyer.

Their insurance premium probably won’t even be increased and with uninsured and underinsured claims, the insurance company is not allowed to increase their insurance premium.

You will just use the insurance benefits they bought insurance to provide,

Related Articles

Can I Sue My Spouse When I’m Injured In a Car Accident?

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“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

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

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Can I Sue for Injury If There Was No Damage to the Car?

A. Yes. When you are injured you can sue for personal injury even if both cars had no damage. The amount of property damage has nothing to do with injuries. We have obtained large settlements for many clients who were seriously injured in car accidents with little or no damage to the cars.

Serious Injury When The Car Had No Damage

Injuries people often get in a car accident with little or no damage:

We had many clients with injuries from car accidents with little or no damage. The insurance company usually suspects the injury because there was little or no damage to the car.  But when we prove the injuries were caused by the car accident, the insurance company has to pay.

We had a client who was injured in a car accident when he was hit in the rear but he didn’t know he was injured and there was no collision damage at all to either of the cars. Because there was no damage to his car, he didn’t call the police and almost didn’t even get the other car and driver’s information.  As he was about to leave, he decided to get the driver’s information just in case he found damage when he got home.

An hour later, his pinky finger became very swollen and painful. He went to the hospital and found that he had a broken pinky and needed surgery. He was out of work for two months because he was a dentist and needed his hand to work. Earning a $25,000 per month salary he lost a total of $50,000 in salary.

We created this medical illustration to give to the defense insurance company to show why we were demanding payment of the entire insurance policy to settle the case. The insurance company immediately settled by paying the entire insurance policy.

4 images showing 4 injuries in a broken pinky finger when the client's car was hit in the rear and had no damage

How Often Is Someone Injured When The Car Had No Damage?

Many of our cases involve people who don’t even realize they were injured at the time of the accident. Obviously, they also don’t look injured at the scene of the accident.

rear bumper of car showing no damage in an accident

You can still be injured even though there’s no damage on this bumper  

 

When they got home or the next day their shoulder, knee, or back started hurting and they went to a doctor. Sometimes, a few months after the accident, they needed surgery.

See how some seemingly minor injuries can become serious injuries.

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Should I Use The Insurance Estimate App To Send a Photo of My Car Damage for an Estimate?

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.


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“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

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What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

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Can I Sue My Spouse When I’m Injured In a Car Accident?

Yes. If you are injured in a car accident in New York, you can sue your wife or husband if you purchased optional Supplemental Spousal Liability coverage on your automobile insurance policy. Your spouse also needs to be at least partially at fault but that is almost always easy to show.

Is It Weird For Me To Sue My Husband or Wife?

Not at all. You won’t actually be going after your spouse’s money, just your own insurance policy and you are already paying your insurance company for the right to make a claim. In fact, to sue your husband or wife, you are paying a separate premium just so you can make that claim.

Should I sue my husband?

Should I sue my husband?

You Are Not Taking Advantage Of Your Insurance Company

Your insurance company determines how much money they will have to pay to policyholders that sue a spouse. The insurance company adds the cost of overhead, sales commissions, other risk factors, and desired profit to calculate the premium. If you want to be able to sue your spouse you will buy that coverage and pay the premium.

Your insurance will have to be involved in the claims process anyway.

Do I Need Insurance To Sue My Spouse For Causing My Injury In a Car Accident?

Before January 1, 2003, Supplemental Spousal Liability coverage did not exist and you could always sue your spouse for your injuries if you were a passenger in a car being driven by your spouse and he or she negligently caused a car accident in New York.

A husband was injured and sued his wife when his wife was driving and rolled over this car

Now, when you purchase car insurance, your insurance company will provide you a notice of the availability of Supplemental Spousal Liability coverage, an explanation of what it is, and the amount of the additional premium.

If you want to be able to sue your husband or wife for your injury, you must add Supplemental Spousal Liability coverage to your auto insurance policy.

Supplemental Spousal Liability coverage is inexpensive and must be offered to you as optional coverage by your insurance company. It is not included in your policy unless you specifically request it and pay for it.

It must be offered for most motor vehicle insurance policies (where such policy is used for the purposes of satisfying the requirements of Article 6 of the Vehicle and Traffic Law),

What Happens If My Spouse Causes an Accident and I Did Not Have Supplemental Spousal Liability Insurance?

If you do not purchase Supplemental Spousal Liability coverage and you cause an accident injuring your spouse (husband or wife)

Should I sue my wife?

Should I sue my wife?

Is My Wife Or Husband Entitled To Get Their Medical Bills Paid If I Did Not Have Supplemental Spousal Liability Insurance?

Yes. Your spouse is entitled to No-Fault benefits to pay medical bills and lost wages even if you did not buy supplemental spousal liability coverage.

Can My Child Sue For Injury If I Did Not Have Supplemental Spousal Liability Insurance?

Yes. Your child or a friend can recover money for injuries, but your spouse cannot.

Your Spouse Must Still Be At Least Partially Negligent For Causing Your Accident

The injured spouse must still prove that the spouse who was driving was at least 1% negligent.

Supplemental spousal liability insurance merely allows you or your spouse to recover money for injuries as any other injured person could.

Advantage of Supplemental Spousal Liability Insurance

One of our clients was a passenger in his car when his wife was driving. He was injured in a hit and run accident when the other car fled the accident scene.

Our client got $100,000 because we were able to prove she was partially at fault. If he did not pay for supplemental spousal liability coverage he would not have been able to get any money.

Does Supplemental Spousal Liability Insurance Coverage Increase My Liability Insurance Limit?

No. Supplemental Spousal Liability insurance coverage does not increase liability insurance limits. It only adds another person to the liability coverage.

For example, if your bodily injury coverage limit is $250,000/$500,000 and $100,000 is paid to your spouse, $400,000 is left to pay all other persons injured. But a maximum of $250,000 can be paid to any one person.

Will My Insurance Premium Go Up If I Sue My Husband or Wife?

Your premium cannot be increased because the claim is really between you and your insurance company, not against your spouse. See If I Sue My Spouse Will My Insurance Premium Go Up?

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.


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Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“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

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

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Can I reopen my no-fault file?

Q. My doctor says my No-Fault file was closed. Can I reopen my no-fault file?

A. Yes. This is a common and unscrupulous trick insurance companies use to prevent you from getting medical treatment! If you have been told your No-Fault file was closed, it probably is not closed.

computer key with the word reopen on the key symbolizing reopening the no-fault file

How Insurance Companies Close Your No-Fault File

Insurance companies “close” no-fault files for inactivity. A no-fault file becomes inactive if they don’t receive a bill for medical treatment within a few months and the insurance company simply “closes” your file.

What Happens When Your No-Fault Insurance Company Closes Your No-Fault File?

You will usually find out your no-fault file was “closed” when you go to a doctor and your doctor calls your no-fault insurance company to make sure they will get paid.

Your doctor’s office will call and ask the claims representative “is Jane Doe’s no-fault file still open?”

The claims representative will reply, “No, the file is closed” and your doctor will tell you that you need another source of payment to receive medical treatment.

Why Do Insurance Companies Close Your No-Fault File?

That’s simple. They do it to save money so they don’t have to pay for your medical treatment, thereby defrauding their insureds. Their stated purpose is so they don’t clog up claim representatives’ computer screens with hundreds of open files when claimants are no longer being treated.

How Can I Reopen My No-Fault File?

That’s also simple. Just tell your doctor to send another medical bill to be paid by no-fault. When your no-fault insurance company receives the bill for payment, they will simply reopen your no-fault file.

Are There Other Reasons My No-Fault File May Be Closed?

Your no-fault file can technically only be closed if it paid out all of the money that was available.

You can be denied further medical benefits for a particular medical specialty if you have been examined by a no-fault doctor in this same medical specialty. For instance, an orthopedic surgeon working for no-fault cannot stop you from seeing a neurologist.

If you are examined by an orthopedic surgeon working for the no-fault insurance company and the no-fault orthopedic surgeon issues a report denying you further orthopedic benefits, you won’t be able to get no-fault to pay for your orthopedic treatment. Your orthopedic benefits have been denied but your no-fault file has not been closed.

Being denied further medical benefits is different than closing your file because you have the right to file a lawsuit or arbitration claiming that you were wrongfully denied medical benefits. If you win, you will be entitled to have no-fault pay your doctor again.

Unfortunately, you should never file a lawsuit or arbitration to contest a no-fault denial until after your personal injury case has been settled.

However, we have been successful in getting the no-fault insurance company to reverse a denial when our client needed surgery.

See more reasons why no-fault may be denying your medical bills.

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.

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Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“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

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

New York Serious Injury Lawyer logo

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No-Fault Denial – Why Isn’t No-Fault Paying My Medical Bill

Why did I receive a “New York Motor Vehicle No-Fault Insurance Law Denial of Claim Form” indicating that the no-fault insurance company did not pay my doctor’s bill?

If you were in a car accident or a pedestrian hit by a car (and were not working at the time), you will receive a New York Motor Vehicle No-Fault Insurance Law Denial of Claim Form if you went to the hospital or saw a doctor.

We get calls all the time from people asking why the no-fault insurance company didn’t pay the doctor’s bill and whether they are responsible for it.

Assuming that 1) you filed the application for no-fault benefits on time; 2) your doctor sent the bill to your no-fault insurance company within 45 days; and 3) your no-fault benefits are still available, the Denial of Claim form is probably indicating that the doctor’s bill was paid.

Why No-Fault Denial of Claim Forms Are Confusing

What confuses everyone is that every time a medical provider gets paid by no-fault, the insurance company sends you a No-Fault Denial of Claim Form even if the insurance company pays 100% of the bill.

No-Fault Denial of Claim Form

This No-Fault Denial of Claim Form shows $0 was paid. The explanation on the 2nd page said that was because the $200 deductible had not yet been used.

When you receive a No-Fault Denial of Claim Form, you should read the reason for the denial which is usually at the bottom of the first page with a further explanation on the second or third page. The explanation will tell you if the doctor billed too much; if your $200 deductible is being applied; or if you received medical treatment after you were denied further treatment.

Do I Have To Pay a Copayment Every Time I See a Doctor?

No. There are no co-payments for medical treatment paid by no-fault when you are injured in a car accident.

Why Is No-Fault Refusing to Pay My Medical Bill?

To understand what the insurance company is doing with your claim, you must carefully read at the bottom of the no-fault denial form where it says, “State reason for denial, fully and explicitly”.

Many people have a $200 deductible and this should be the only amount you are responsible to pay.

Most of the time no-fault will not pay the entire medical bill and the difference is indicated in box #32 Amount in Dispute. This is usually because the medical provider billed more than the allowed amount. Your doctor may send a bill for $300 but the no-fault insurance company might only pay $78. The no-fault insurance company is only required to pay the rate indicated on the workers compensation fee schedule.

Several months after your car accident, the no-fault insurance company will have you examined by their doctor who may deny further medical treatment. Your no-fault insurance company will have you examined by each medical specialty for which you have been treated.

For instance, if you have been treated by a chiropractor, orthopedic surgeon, and a neurologist, you will be scheduled for three no-fault medical exams. If you are denied further treatment by a neurologist examining you for the no-fault insurance company, you can still see an orthopedic surgeon because they are in different medical specialties.

After going to a no-fault physical examination, you will also receive a denial of claim form which may either deny all further medical treatment and benefits, deny further treatment from a particular medical specialty, or allow further medical treatment until a certain date. Again, you must carefully read the reason stated at the bottom of the form.

If, after a no-fault exam, you have been denied further treatment and you continue to receive treatment for the denied medical specialty, you will become responsible for the medical bills. If you have been denied further medical treatment, we can still obtain medical treatment for you.

Can I Pay My Doctor and Get Reimbursed by No-Fault?

If you paid the doctor at the time of treatment and submitted the bill to no-fault yourself, you’ll be on the hook for the amount of the difference between what the doctor billed you and the amount that no-fault will pay. The difference can cost you a lot of money. But there is no reason for you to ever pay a doctor directly. When the doctor bills no-fault directly, the doctor cannot charge you for the difference.

How to Make Sure You Won’t Have To Pay Your Doctor for Medical Treatment When Injured in a Car Accident

  1. Ask the doctor if he or she accepts no-fault.
  2. If the doctor does accept no-fault, you will be asked to sign a form that says “Assignment of Benefits”. YOU SHOULD SIGN THIS FORM. This form allows the doctor to get a directly from no-fault and you are no longer responsible for the medical bill as long as your no-fault coverage is still valid and you have not been denied further treatment. If you sign an assignment form, you are not responsible for the portion that was denied.

Do All Doctors Accept No-Fault As Payment for Medical Treatment?

No. Almost all doctors accept no-fault as payment for medical treatment. But there are some orthopedic surgeons and other doctors who do not accept no-fault.

Plastic surgeons and dentists typically do not accept no-fault. But if you need treatment by a plastic surgeon or dentist because of a car accident, we can almost always get your plastic surgeon or dentist to agree to accept no-fault.

Will No-Fault Pay a Plastic Surgeon For Plastic Surgery?

Yes, and you do not have to pay in advance! But plastic surgery is handled very differently with no-fault than other injuries and you need to call us before you get treatment.

Your plastic surgeon will tell you that you have to pay in advance and get reimbursed by your no-fault insurance. If you do that, not only will you have to advance the money to your plastic surgeon but you will be reimbursed a lot less than you paid.

Will No-Fault Pay a Dentist for Dental Treatment?

Yes. But payment from no-fault for treatment of dental injuries is handled very differently than other injuries and you need to call us before you get treatment. Your dentist will tell you that you have to pay in advance and get reimbursed by your no-fault insurance. If you do that, not only will you have to advance the money to your dentist but you will be reimbursed a lot less than you paid.

If you need medical treatment by a plastic surgeon or dentist, you should call us immediately. We know how to get your plastic surgeon or dentist to accept no-fault so you don’t have to pay any money out of pocket. Other personal injury lawyers we know, do not know how to do that.

If you were in a car accident or a pedestrian hit by a car, please call us for a free consultation.

Did the Insurance Company or Your Doctor Say Your No-Fault File Was Closed?

If you were told that your no-fault file was closed, you need to read why your no-fault file is probably not closed and how to easily reopen it.

See more answers to FAQs

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Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“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

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. 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.
  3. 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!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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

New York Serious Injury Lawyer logo

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Should I Use An Insurance Estimate App To Send a Photo of My Car Damage?

Answer: No. Never use a collision damage estimating app to send photos of your car damage for an insurance estimate after an accident. If you don’t want to get screwed by your insurance company after a car accident, this is one app you shouldn’t download.

You have a legal right to have a licensed damage appraiser inspect your car at the auto body shop of your choice. Take advantage of your rights.

Tip: If you call your insurance company, just tell the rep that your car is at your body shop, then bring your car to the shop immediately or immediately bring your car to your auto body shop and let the shop call your insurance company to request an appraiser.

How Insurance Companies Get You To Use Damage Estimating Apps

Insurance companies enlist news agencies to promote using their appraisal apps. CNBC wrote in Instant insurance claims—apps for your car crash, “Next time you’re in a fender bender, there’s good reason to have your phone on hand—it could speed up your insurance claim.”

Insurance companies like Allstate, Esurance, Liberty Mutual, and State Farm advertise how quick and easy they make it for you to get your car repaired after an accident by using their insurance estimate app.

Just take a photo with their insurance claim estimate app and they’ll send you a check!

But should you send your photos? Insurance companies developed the collision estimate app and this brilliant marketing idea to save them a lot of money, not to make your life easy.

Photo showing collision damage taken with insurance estimate app

Take a picture of the damage but don’t send it to your insurance company for an estimate. Bring your car to a body shop.

Making Your Life Easy Only Sounds Great

Will it make your life easy if the insurance company sends you a check to fix your car? No.

State Farm Pocket Estimate damage app to send photos of your car's damage

After you get a check, you still have to take your car to the body shop. Using the auto claim appraisal app won’t magically fix your car.

The estimate app only lets you get a check before you go to the auto body shop but your body shop doesn’t need the check before you get there. So using an appraisal app won’t save you any time.

After you get to your auto body shop, you’ll find your check isn’t enough to fix your car and you just wasted your time and possibly made things worse.

What’s worse?

1) The body shop will have to reopen your claim to get approval for more money. This will delay your claim even longer because it’s tougher to get approval for more money once your insurance company already under-evaluated your claim.

2) You may not be able to get your insurance company to pay what’s needed to fix your car. See this question on Quora from an unfortunate car owner who used State Farm’s estimate app, “…I went through their insurance’s photo estimate app (State Farm) and they gave me a $883 estimate. I also got an estimate from my repair shop which is accurately around $4500? What should I do now?

3) When you’re paid less than you need to return your car to its pre-accident condition, your car will have diminished value.

4) If you were injured, sending collision damage photos to your insurance company can hurt your claim. I have seen insurance companies provide photos showing little damage to No-Fault doctors to deny a No-Fault claim.

What Can Happen When You Use an Insurance Claim App?

  1. You may get paid a lot less than the cost of the damage, possibly as much as 8-10 times less.
  2. The body shop will probably not be able to fix your car for the amount you were paid, so they will have to reopen your claim and wait for an appraiser to come to look at your car.
  3. Because you already submitted photos and your insurance company now thinks you have a minor claim, you just made negotiating more difficult for your body shop and they may have a fight on their hands. This can delay your claim even further.
  4. You may get a check for $1,200 and decide to keep the money without fixing the car but there could be thousands of dollars of hidden damage you weren’t paid for.
  5. If you keep the money without fixing your car, you could devalue your car by thousands of dollars. You won’t even know until you try to sell your car and find it’s worthless.
  6. If you keep the money without fixing your car, you could be driving a car that isn’t safe and shouldn’t be on the road.

See how Allstate paid this woman only $1,730 for damage that cost $11,667 to fix

What’s Easier Than Using An Insurance Estimate App?

Let your body shop make your life easy and let them fight with your insurance company so you’ll get the right amount of money needed the first time. Many body shops will even get the other car’s insurance company to pay for your damage.

  1. Take your car to your auto body shop immediately.
  2. If your car isn’t driveable, call your body shop. They will tow your car.
  3. Call your insurance company and tell them to look at your car at your auto body shop.
  4. Never send photos of your car’s damage to your insurance company.
  5. Never let your insurance company look at your car at your house.
  6. If you’re injured, call a personal injury lawyer immediately.

That’s easier than using an insurance collision damage estimate app!

Insurance Companies Use Damage Appraisal Apps to Save Money Three Ways

  1. The insurance companies don’t have to pay appraisers whose job it is to report every detail and every part that has to be replaced or repaired.
  2. Because they’re not using an appraiser, the insurance companies can pay you less money. People have reported receiving as little as 10% of what they needed to fix their car.
  3. They use the photos to show there was very little damage in case you’re injured. Many of our clients have been seriously injured when there was very little damage. See if you can sue for injuries when there was no damage to the car.

How can you be sure that you won’t get enough money to fix your car if you send the collision damage photos to your insurance company?

Simple. How can anyone tell from photos what damage you have underneath the sheet metal and what damage might exist that isn’t seen in your photos?

Allstate advertises their QuickFoto Claim app “helps you get paid quicker so you can get back to normal faster.”

But look at the car in this Allstate video. How can you tell if the radiator and other parts under the hood were damaged? You can’t!

When you take your car to a body shop after using a collision damage estimate app, it can take a lot longer to get your car fixed while the body shop fights to get the money needed to fix all the damage on your car.

Watch FOX 61 and Tony Ferraiolo of a state Auto Body Association and see the problems you might encounter if you use an insurance accident app!

Why Do Insurance Companies Want People To Use An Estimate App?

Because many people will take a photo of the damage, get a check, and take the money without ever going to a body shop to fix the car. They will never know that they got paid thousands of dollars less than the insurance company should have paid.

What To Do If You Already Used An Estimate App And Didn’t Get Enough Money

Find a body shop that will fight for you. The body shop will have to get the insurance company to send an appraiser and hopefully, your body shop will get the money needed to repair your car.

If you can’t find an auto body shop to fight for you, you can look for a general practice lawyer if there are several thousand dollars of damage you’re not getting paid for. But it’s usually too expensive to pay a lawyer to get money to repair a car.

If you were injured, find a personal injury lawyer who is willing to also represent you for the collision damage.

You can sue your car insurance company in small claims court.

Please share this important article about insurance estimate apps on social media and leave a comment below!

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More Do’s & Don’ts of what you should do after a car accident
Do I have to notify my insurance company when I have an accident but there was very little damage to my car?
See how you can get screwed by your insurance company when replacing a windshield on a leased car.

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See more answers to FAQs

comments button - Leave a comment with questions or your experience with an insurance damage estimate app

Mr. Franckel has been a personal injury lawyer since 1989, Founding Partner of 1-800-HURT-911® New York, President of 1-800-HURT-911, Inc., and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, and Avvo Top Contributor Award. See Mr. Franckel’s bio.

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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.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

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