Rosenberg & Rodriguez, PLLC

It appears that the strain that the coronavirus pandemic has placed on the City of New York has prompted the NYPD to come up with a new policy regarding police responses to motor vehicle accidents. 

According to a Daily News article, a memo recently distributed by the NYPD indicates that police officers will no longer respond to 911 calls for “minor” car accidents. While it appears that police will still respond to major car crashes involving deaths and those involving large vehicles (buses/trucks), if there are no major injuries reported during the 911 call, the police will not respond and the caller will instead be directed to “file their own reports and send the information to the Department of Motor Vehicles.”

It is believed that this new approach will free up already strained police resources to respond to more serious calls.  However, this new policy has some potential drawbacks for victims of car accidents. For example, DMV accident report forms (known as MV-104 forms) are quite complicated for the average person to properly complete and there is a strong potential for an inexperienced person to commit errors while preparing the reports. The potential for mistakes is even greater when it involves elderly people or people who are not proficient in English. Any minor mistake can lead to an insurance company denying or delaying payment of a valid claim.

Also, it is not uncommon for the symptoms of injuries sustained in a car accident to take hours or even a few days to set in. The reason is that car accidents are traumatic events that often cause the human body to generate adrenaline and a heightened level of excitement that may mask pain or other symptoms for a short time immediately after the accident. However, once the adrenaline and excitement subsides, the pain and symptoms from injuries sustained in the accident can begin setting in. The lack of police being called or responding to car accidents will undoubtedly lead to insurance companies denying or delaying valid bodily injury claims.

In light of this new policy, it is vitally important for you to immediately consult with an attorney if you are involved in a car accident and believe that you sustained any injuries. An experienced attorney will assist you in preparing the required accident reports and can also assist you in dealing with the insurance companies for any potential bodily injury claims you may have.  

If you are injured in an auto accident, it will serve in your best interest to talk to a personal injury lawyer BEFORE you talk to any insurance adjuster.

To ensure you receive the compensation you deserve for the injuries sustained in the car accident you should always hire a personal injury attorney immediately after the accident. Some accident victims, in an attempt to avoid paying legal fees, try to represent themselves which often leads to causing damage to their case. Typically it is after they provided recorded statements to the insurance company that they call an attorney. Such statements could be damaging to their case.If you wait too long to contact a personal injury lawyer, it gets harder to find evidence and witnesses. Furthermore, you risk losing your claim because the deadlines for filing for benefits or for filing a lawsuit have expired. Don’t get yourself stuck in this situation.Speak to an experienced car accident lawyer immediately after the car accident.

The other side’s insurance company may try to get you to provide a statement by advising to make an offer to settle your claim. However, their true objective is to dig up information from you that will either minimize your claim or dismiss it altogether. Thus, it is best to politely decline a claims adjuster’s request to provide a statement about the accident and your injuries sustained. Instead, consult with an experienced car accident attorney to guide you through your options. Nassau County car accident lawyers, Rosenberg & Rodriguez, PLLC can help with the process and ensure you receive the compensation you deserve when involved in a car accident.

The firm’s extensive knowledge and experience handling car accident claims and lawsuits is why Rosenberg & Rodriguez, PLLC is the right choice when choosing a Nassau County personal injury law firm to represent you during an auto accident.

Whether a minor car wreck or a tragic accident, like the recent car crash that killed two former volleyball stars and their daughters, it’s important to know what to do when involved in a car accident. https://nypost.com/2020/02/17/former-volleyball-stars-and-their-daughters-killed-in-car-crash/

First and foremost, be sure to call 911 immediately. When the police arrive, ask them to make a written accident report and find out where to get a copy of the report. It is important to make written notes of the names, addresses, phone numbers and license plate numbers of all parties involved, including any witnesses to the accident. Photograph the accident scene including skid marks and any physical objects that the vehicles struck. Be sure to take pictures of all vehicles from various angles.

If you are injured or feel pain after the accident, see your doctor immediately. Don’t assume that just because you may not feel instant or excruciating pain, you are not injured. Be sure to give each of your doctors a detailed explanation of exactly how your accident occurred. It is also important that you keep a detailed pain diary. When a person is in pain, it consumes them and it’s all they can think about. Documentation is the key to keeping an insurance company on their toes. If you have to travel to the doctor’s office, save transportation receipts and keep track of the mileage. It is important to document doctor visits and to mark down how long medical devices are needed, such as a wheelchair, walker, neck brace, etc.   

Some accident victims, in an attempt to avoid paying legal fees, try to represent themselves and call an attorney only after the damage has been done by providing statements to the insurance company. Don’t take on the large insurance companies and their attorneys on your own. Let us fight for your rights! The personal injury attorneys at Rosenberg & Rodriguez, PLLC understand the legal and insurance issues surrounding car accidents.

Not only can a victim suffer from pain and suffering due to their injuries, but a victim can also endure significant lost earnings, property damages and huge medical expenses. That’s why hiring a personal injury lawyer is necessary to ensure you receive maximum compensation for your injuries. It is essential to hire a personal injury law firm that will handle your case from start to finish, will be available when you need them, and will return phone calls promptly. Our extensive knowledge and experience handling car accident claims and lawsuits is why Rosenberg & Rodriguez, PLLC is the right choice when choosing a personal injury law firm to represent you during an auto accident.

With the holiday travel upon us, it is important to make sure that you are properly insured when renting a vehicle.  This article addresses individuals who reside in New York, own a vehicle in New York, have insurance for that vehicle and rent a vehicle for 30 days or less.  While this article is intended to shed some light on the topic, consumers are encouraged to carefully read their specific rental policies.

When renting a vehicle, rental companies will offer you Collision Damage Waivers which are also known as Optional Vehicle Protection.  It is important to understand what that insurance actually covers.  In New York, it’s mandatory for every individual liability policy that insures less than 5 vehicles to include rental car coverage.  That ‘rental car coverage’ includes any damage that is caused to the rented vehicle. However, policies insuring certain types of vehicles, such as most types of trucks, are not required to include rental vehicle coverage.  So, as a practical matter, before you intend to rent a car, call your own insurance company and confirm that your policy includes a ‘rental car coverage.’ Most individual policies in New York include such coverage. It should also be noted that the damages to the rented vehicle will be fully covered, without regard to your actual policy limits.  So purchasing an additional Collision Damage Waivers or Optional Vehicle Protection from the rental company is usually unnecessary and a waste of your money.

Even if you do not have a New York State motor vehicle liability policy, the chances are that the rental vehicle coverage may be included as a benefit with your credit card, if you use that credit card to rent the vehicle. Check the summary of benefits for the credit card to see if such coverage is available.

Car rental companies always try to sell you the Collision Damage Waivers or Optional Vehicle Protection since in most situations it’s essentially free money for them.  So, don’t be fooled, check your own liability policy or rent the vehicle with the credit card that provides rental car insurance benefit so you don’t end up paying for insurance that you don’t need.

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Thousands of car accidents occur every year in the State of New York.  It is very important to know what to do and what not to do if you or a loved one is involved in a car accident.

  1. Stay at the scene of the accident. Even if it was not your fault.
  2. Next, check to see if you, your passengers or anyone involved in the accident is injured. If anyone is injured, call 911 right away and request an ambulance.  Even if you believe that it is a minor injury, it is better to get medical attention to make sure.
  3. Call the police immediately so that there is a proper investigation and documentation of the accident.  Do not let the other driver convince you that there is no need to call the police.
  4. If you are undocumented you do not need to worry about your immigration status. The police will not ask you about your status.
  5. To the extent possible, get the names and telephone numbers of any witnesses to the accident. Also take photographs of the location of the accident, the position of the cars before they are moved, the damage to the vehicles and anything else that you think is important.
  6. Once the police arrive, explain to the police how the accident occurred. However, even if you think you may be at fault, do not admit fault.
  7. If you are injured, do not refuse the ambulance simply to stay with your vehicle. The police will have your vehicle towed and it will be secured by the tow company until you can come get it.  Similarly, do not worry about the medical bills. The vehicular insurance company will cover most if not all of your hospital bills.
  8. Once the ambulance workers arrive, make sure to tell them all of your physical complaints, even the minor complaints. Do this at that hospital as well.  Often accident victims will only have minor symptoms initially that turn out to be more serious problems later. It is important to document any and all injuries as soon as possible.
  9. Obtain a copy of the police report as soon as you can.
  10. Seek the advice of a qualified attorney as soon as possible.  Do not speak with any insurance company representatives without first consulting with an attorney. After your health and the health of your loved ones, the next most important thing to protect are your legal rights. Only an attorney is qualified to give you legal advice about your rights, responsibilities and obligations following an accident.

DISCLAIMER: This information intended for informational purposes only and should not be construed as legal advice.

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Victims of car accidents are not only faced with recovering from their injuries, they are also faced with worrying about how they will pay their medical bills and support their families while out of work and recovering from their injuries. The following are frequently asked questions about these issues.

QUESTION: What is No-fault Law?
ANSWER:In New York, every vehicle registered in this state is required to carry a form of health and disability insurance that pays the medical bills, prescriptions costs and lost earnings to the occupants of a motor vehicle involved in an accident, regardless of who was at fault in the accident. This insurance is called, No-Fault Insurance.

QUESTION: Who is eligible to receive no-fault benefits?
ANSWER: Anyone who is hurt in a car accident, hit by a car as a pedestrian, or bicyclist.You are eligible for no-fault benefits regardless of your immigration status. In fact, no one ever ask you about your immigration status when you’re applying for no-fault benefits.

QUESTION: How do I obtain my no-fault benefits?
ANSWER: The law requires that certain documents be filed with the insurance carrier of the vehicle that you were an occupant of at the time of the accident or, in the event that you were a pedestrian, the vehicle which struck you.

QUESTION: What benefits is the no-fault insurance company required to provide?
ANSWER: Provided that you submit the proper documentation, the law requires that the insurance company pay for the following:
  • Medical bills: All necessary medical treatment related to the injuries sustained in a motor vehicle accident are paid by the no-fault insurance company.
  • Lost earnings: The insurance companyis required to pay approximately 80% of your lost wages up to a maximum of $2,000 per month for basic benefits.
  • Prescription medications: Any prescriptions that your doctor has issued to you for the treatment of conditions caused by the accident, will be reimbursed.
  • Travel expenses: The insurance company will reimburse you for the number of miles traveled to and from doctors, physical therapists and hospitals.
  • Household care: In certain circumstances, the insurance company will pay for someone to take care of you because you were hurt in this accident.

QUESTION: Is there a deadline to submit the documents to the no-fault insurance company to be eligible for the benefits?
ANSWER: YES. There are strict deadlines for the filing of the application for no-fault benefits and for submitting your claims. The attorneys at Rosenberg and Rodriguez will prepare all the proper paperwork to make sure you receive all the benefits you are entitled to.

DISCLAIMER: This information intended for informational purposes only and should not be construed as legal advice.