Category Archives: Car Accident Attorney Brooklyn

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.

Here are some tips for what to do in a car accident no insurance situation and how to file a lawsuit against the uninsured driver.

Difference Between Uninsured and Underinsured Motorist Coverage

On your own auto insurance policy, it is important to have both uninsured and underinsured motorist coverage. These types of insurance may come together as part a package in policies. Uninsured coverage provides protection if the at-fault driver does not carry any liability insurance.

Meanwhile, underinsured coverage protects you if that driver does have insurance but his or her liability limits are not high enough to cover the damages. This latter type of insurance is useful because it can pay the remainder of damages after the at-fault driver’s insurance pays up to the policy limits.

How to Handle an Uninsured Driver Accident Situation

As with any auto accident, try to stay as calm as possible when you get out of your vehicle to assess the damage and have a conversation with the person who hit you. Call the police to report the accident because a police report will help move the uninsured driver claim along in the process.

Resist the temptation to accept cash from the uninsured driver to settle the matter outside the system because you have no way of knowing what your damages are worth yet. Write down the other driver’s contact information and vehicle information for later use, and take notes and photos to document the situation. Then as soon as possible, seek medical attention for your injuries.

How to File a Lawsuit Against an Uninsured Driver

Filing a lawsuit against an uninsured driver can be a challenge in no-fault car insurance states, such as New York. This is why you need a trusted New York auto accident attorney to help you get what you deserve following one of these accidents.

To pursue an uninsured driver lawsuit, you must be able to prove that the other driver was at fault for the accident and then successfully collect money or assets from that driver following a judgment in your favor. Collecting from an uninsured driver can be an uphill battle but may be worth the effort if that driver has substantial assets.

How Attorney Jeffrey Kestenbaum Can Help

If you or someone you love has been involved in a car accident in which the other driver has no insurance, the Law Office of Jeffrey Kestenbaum can help. We are experienced with these types of complex cases in New York and know what it takes to successfully pursue one on a client’s behalf.

Please contact us via online form or by phone at 718-237-5586 to discuss your case before your statute of limitations to file a claim runs out.

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.

Here is some information about how insurance adjustors value injury claims and how pain and suffering is determined in a car accident case.

How Insurance Companies Evaluate Pain and Suffering

Every insurance adjuster and company evaluates pain and suffering a bit differently, but a couple common methods are used. One way is to multiply the total cost of medical bills and lost wages by a number between one and five, depending on how severe the injury was. If your total amount of actual damages was $10,000 and the injury was moderately severe, you may be looking at $30,000 in pain and suffering damages.

Meanwhile, other insurance companies may assign a specific dollar amount to every day between the accident date and the patient’s recovery. Insurance companies will also review medical records to look for physician notes about pain and suffering and take into account how long the injured party sought medical treatment.

Evidence for Pain and Suffering Damages

Pain and suffering can be difficult to prove, which is why you need an experienced auto accident attorney on your side. Remember that these are real damages that are recoverable. Evidence that insurance companies review to make this determination include personal journals about pain, photographs, physician notes, and written documentation from friends and family members about how the person’s quality of life has been impacted.

Since pain and suffering extends to mental and emotional damage, documentation from a counselor, psychiatrist, or psychologist is also helpful. These are all reasons to write down as much as possible day-to-day about how you are feeling after an accident and get written documentation from everyone around you who has personal knowledge about your condition. Every little bit helps when you are involved in an auto accident case and pursuing pain and suffering damages.

When Should You Go to a Doctor After an Accident?

Many people have this question, and the answer is always “as soon as you possibly can.” If you feel any form of pain or discomfort at all, definitely see a doctor. Even if you feel totally fine after being hit, it is still a good idea to see a doctor because you may still be in shock and not fully processing how your body is feeling yet.

Some auto accident injuries are delayed and don’t start making you feel poorly until days or weeks later. However, if you seek treatment right away, you will have created an ongoing paper trail for your developing injuries and have a better chance at proving your legal case.

Get Help with Your Car Accident Case

At the Law Office of Jeffrey K. Kestenbaum, we understand how traumatic auto accidents in Brooklyn can be. Whether your injuries are severe, minor, or somewhere in between, your case may be worth pursuing to cover your losses from medical bills, lost wages, repairs, and pain and suffering.

Call us today at 718-237-5586 for assistance with your car accident case, or fill out our online form to tell us more about your accident.

yellow caution tape with a Brooklyn street background

How to Handle Pedestrian Car Accidents in Brooklyn

Posted on August 21, 2019 by

Brooklyn is one of the most walkable places in America, which is great for running errands and commuting to work without the hassle of having a car in the city. However, pedestrians face significant dangers while walking around our borough due to the negligence of drivers who are distracted, reckless, or simply make a mistake.

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taxi cab speeding over the brooklyn bridge

What to Do After Being Injured in a Taxi Accident

Posted on July 31, 2019 by

Taxi cabs are deeply ingrained into New York City culture and a convenient way to get around without having to deal with traffic and parking. However, taxis are certainly not immune to roadway accidents, which often catch both passengers and pedestrians off-guard.

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Drunk driving accident victim photographing their car

Hire an Attorney After Drunk Driving Accidents

Posted on June 20, 2019 by

Drunk driving is far too common in our society and results in devastating injuries, property damage, and even death in Brooklyn. Since the injuries from drunk driving accidents are often severe and because determining liability can be a complex endeavor, it is important to call a drunk driving accident attorney if you’ve been affected by a drunk driver’s negligence.

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Determining Fault in Chain Reaction Accident Involving Multiple Cars

Posted on April 25, 2019 by

The number of citywide motor vehicle collisions in New York has been around 16,000 per month lately, leaving thousands of motorists, cyclists, and pedestrians injured and killed. Many of these accidents involve just one or two cars, while others are the result of chain reaction accidents. These types of accidents involve three or more cars and create complex circumstances for determining fault and pursuing damages.

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Left Turn Traffic Light in NYC

Left Turn Car Accidents: Causes, Injuries, and Negligence

Posted on February 28, 2019 by

According to a study developed by the New York City Department of Transportation, left turns cause over three times as many pedestrian and cyclist serious injuries and fatalities than right turns do. Furthermore, NYC City Hall reported that between 46 and 56 pedestrians and cyclists died and between 5,577 and 5,928 pedestrians and cyclists were injured in a recent five-month period due to New York City traffic.

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Commercial Semi Truck Accident Patterns

Posted on January 20, 2019 by

Commercial trucks are vital to the New York City economy. Yet driving a semi-truck around the five boroughs is not easy. Semi-trucks operate much differently than the average family sedan in terms of how they brake, steer, and create dangerous blind spots. All of these factors can lead to a New York truck accident. In fact, New York is one of the top ten states for the highest average of fatal large truck and bus crashes.

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Victim of car accident takes photos of the damages

Information to Collect After a Car Accident

Posted on October 31, 2018 by

After a car accident, you will likely be frightened. You may be suffering from injuries. Your car may be totaled. You may have a million things running through your mind. One thing you should be thinking about is the proper steps to take following an accident. You cannot simply leave the accident scene and move on with your life. You need to get some information, and the more, the better.

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