How Does Car Insurance Work in an Accident and the Role of the Car Accident Lawyer

Posted on January 7, 2020 by

No one likes to think about being involved in a car accident, but accidents can happen to even the safest and most attentive drivers. According to the New York City Police Department, the number of motor vehicle collisions citywide was at least 16,832 last year, and these collisions involved at least 33,343 motorists. For both minor and major accidents, it is very important to have car insurance to help pay for automobile damage and injuries.

Here’s how car insurance works in a car accident case and what accident victims need to know to protect themselves.

What Happens in a Car Accident with Insurance?

If you are involved in a car accident, one of the first things to do is exit your vehicle and ask the other driver to exchange car insurance information. If the other driver refuses to share this information, police who respond to the scene will demand it or investigate the driver’s insurance coverage based upon the driver’s license plate and driver’s license number.

New York is a no-fault insurance state, which means that insured drivers are usually compensated by their own insurance company for damages sustained no matter who was at fault for the accident. Depending on the accident, car insurance can pay for medical bills, lost wages, and transportation to and from medical appointments, but there is a short statute of limitations on these cases.

Types of Car Accident Insurance Coverage

The most basic type of car accident insurance coverage is liability insurance, which protects the driver against accident claims that result from negligence. New York law requires drivers to have at least $10,000 in liability coverage for property damage for a single accident, $25,000 for bodily injury and $50,000 for the death of someone involved in an accident, and $50,000 for bodily injury and $100,000 for the death of two or more individuals involved in the car accident.

When Your Claim Exceeds the Coverage

In most situations, you cannot make a claim that is more than the available coverage or that exceeds the policy limits. Many insurance adjusters simply will not respond to such claims. This could leave you looking to collect the remainder of funds directly from the at-fault driver, which can be very difficult unless there are multiple defendants at fault to pursue.

Uninsured and Underinsured Driver Coverage

Most auto insurance policies in New York have uninsured and underinsured driver coverage to protect you from accidents when the other driver does not have any insurance or not enough of it to resolve a claim. This is insurance coverage that helps when your claim is more than the at-fault driver’s policy limits. However, these driver coverages cannot exceed your primary coverage, so you cannot have a higher amount of uninsured or underinsured coverage than your standard liability coverage.

How a Car Accident Attorney Can Help

If you were recently involved in an automobile, accident, you need a dedicated and aggressive car accident attorney on your side. Attorneys working for car insurance companies will often try to take advantage of victims and make victims prematurely sign settlement agreements that are not in your favor.

Attorney Jeffrey K. Kestenbaum will help you obtain more than just the no-fault minimums required for all motor vehicles in New York. We are only paid if your car accident case is successful, so contact us at 718-237-5586 before signing any paperwork from an insurance company to protect your legal rights.

statute of limitation law book on a table

Understanding the Statute of Limitations for Car Accident Cases in New York

Posted on December 17, 2019 by

Unlike serious criminal offenses, such as murder, statutes of limitations apply to most types of civil cases in the United States. For example, this is true for car accident cases, although the length of time a victim has to pursue legal action varies among states and jurisdictions.

In this article, we are looking at statute of limitations car accident cases in New York to help you fight for the justice you deserve before it’s too late.

The Purpose of a Statute of Limitations

Statutes of limitations set a time limit on a person’s right to file a lawsuit in the court system. These laws are established to protect defendants, to encourage potential plaintiffs to pursue cases in a reasonable time frame, and to protect timely evidence needed to prove a claim.

Car Accident Statute of Limitations New York Law

As a general rule in New York and in most cases, the statute of limitations for car accident cases is three years. This means that you have up to three years from the date the accident happened to file a lawsuit and pursue compensation for damages suffered. There are significantly shorter limitations periods in auto cases involving municipalities and public agencies. That is why it is important to contact a lawyer immediately after an accident.

Discovery Rule for Statute of Limitations After a Car Accident

Although three years is the standard statute of limitations in New York for car accident cases, there are some ways to adjust this time frame in certain circumstances. For example, under the discovery rule, a New York attorney may argue that the statute of limitations shouldn’t begin until the injury was discovered. This argument is more common in cases involving issues like asbestos exposure that later results in lung cancer, rather than for car accidents, but it is still a good rule to be aware of for all personal injury situations.

Other Special Considerations and Exceptions  

Another exception is if a car accident involves a minor victim under the age of 18. Statutes of limitations delayed for injured minor victims until three years after his/her 18th birthday. To potential recover damages and receive compensation, car accident victims who were minors at the time of an accident must file a lawsuit by their 21st birthdays.

If a person involved in a car accident died because of the accident, then it is typically most appropriate to pursue a wrongful death claim. In this situation, the statute of limitations to file a wrongful death lawsuit is two years from the date of the person’s death.

How to Protect your Car Accident Case

Whether your car accident case involves injuries, wrongful death, minors, or any other special circumstances, the Law Office of Jeffrey K. Kestenbaum can help. We are very experienced in Brooklyn auto accident law and know what it takes to pursue the at-fault party to get the justice you deserve.

Please contact us at 718-237-5586 to schedule your free consultation, and don’t delay because every day that passes is one day closer to your case’s statute of limitations.

construction workers walking in line

10 Safety Strategies for How to Prevent Slips and Falls in the Workplace

Posted on December 5, 2019 by

Slip and fall accidents can happen essentially anywhere throughout the course of a day – at home, on city streets, while boarding public transportation, and on a business property. However, one of the most common places that accidents occur is at work, which is particularly concerning for employers who are entrusted to provide safe and reliable working conditions.

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caution wet floor sign in work building

What to Do After a Slip and Fall Accident: 7 Essential Steps to Take

Posted on November 27, 2019 by

Like all accidents, slip and falls have a way of catching people completely off-guard and perhaps even into a state of shock. Yet there are many important things to remember after an accident happens for the sake of your health and to later pursue a claim against the person or entity responsible for your injuries.

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doctors hand pointing at brain x-ray

Your Legal Options After a Traumatic Brain Injury Car Accident

Posted on November 13, 2019 by

Car accidents happen in Brooklyn every single day, but fortunately, only a small percentage of these accidents result in injuries severe enough to be life-changing. No one expects to be involved in a traumatic brain car accident, but it’s important to understand the legal actions available to victims and their family members in the event that such a tragedy ever occurs.

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person using phone after car accident

What to Do After a Car Accident When the Other Driver Has No Insurance

Posted on October 30, 2019 by

As a responsible driver yourself, you may naturally assume that everyone else on the road has insurance coverage to handle accidents just like you do. However, the Insurance Research Council reports that about one in eight drivers actually does not have any auto insurance at all.

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a row of apartment buildings in New York

Your Legal Options After Slip and Fall Apartment Building Accident

Posted on October 21, 2019 by

Slip and fall accidents can take place essentially anywhere, but one of the most common locations for them are apartment complexes. These multi-unit structures provide homes for many people and pose significant hazards for residents and visitors. In some instances, the landlord can be held liable, which means that you can pursue a legal case for damages.

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car after accident with airbag exposed

How Pain and Suffering is Assessed After a Car Accident

Posted on October 1, 2019 by

After a car accident, there are numerous damages to calculate, such as the costs of your medical bills, the costs to repair your car, and the costs of any property damage that occurred. However, other types of damages can be more challenging to calculate, such as pain and suffering.

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man fallen injured on the pavement

Most Common Slip and Fall Injuries and What to Do If You’re Injured

Posted on September 23, 2019 by

Absolutely anyone can be a victim of a slip and fall accident, regardless of age, agility, or athletic ability. Slip and fall accidents commonly take place in the home, on business properties, event venues, and public transportation stations. Furthermore, these accidents could cause severe physical trauma and be the fault of another liable party.

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motorcycles in high city traffic

Motorcycle Accidents in NYC and Common Factors to Avoid

Posted on August 29, 2019 by

There’s nothing quite like riding a motorcycle through New York City and feeling experiencing the exhilaration of all the sights, sounds, and smells of the city. However, there’s no denying that riding a motorcycle comes with its fair share of risks and that motorcycle accidents are all too common in NYC.

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