New York Injury Attorneys Blog

As a Car accident lawyer in New York City, I have handled numerous car accident cases in which someone riding a bicycle was hit by a car or truck. In New York City, especially Manhattan, bicyclists are very common on the roadway. The streets congested with fast moving traffic and cars which are often switching lanes and stopping suddenly create a hazardous situation for bicyclists on New York City Streets.

The issue of fault is almost always a he said, she said situation with bicycle accidents. Nevertheless, New York law provides a powerful weapon for New York accident lawyers who represent bicycle injury victims in New York. New York Vehicle and Traffic Law 1146 states that every driver of a car or truck shall exercise due care to avoid colliding with any bicyclist, or pedestrian upon any roadway and shall give warning by sounding the horn when necessary. Therefore in any accident in which a car or truck driver sees a bicyclist before the accident, they have some degree in fault for not avoiding hitting the bicyclist.

As a New York car accident lawyer, who also handles a large number of commercial trucking accidents, I have handled numerous personal injury cases involving out of state motorists who cause car accidents in New York.

One of the first questions every personal injury victim of a car accident asks their car accident lawyer is where can I sue. The answer is that New York law provides for jurisdiction over a defendant if the accident occurred in New York. Generally, the lawyer will have to file the lawsuit in the County where injured Plaintiff resides. The New York vehicle and traffic law provides that every out of State resident who drives into the State of New York, by entering New York appoints the New York Secretary of State as his agent for process of service. That means that the New York car accident lawyer can serve the summons and complaint upon the Secretary of State who will accept it on behalf of the out of state motorist. The New York car accident lawyer is required to serve an additional copy by certified mail upon the out of state motorist.

Another question New York car and truck accident lawyers hear is how much insurance is available. Many victims who have sustained personal injuries caused by out of state motorists are told by their insurance companies that they don't have insurance to cover bodily injury, or they only have minimal policies. The law in New York, which all New York car accident lawyers must be familiar with is that New York is a deemer state. This means that any insurance carrier which writes policies in New York is deemed to automatically provide the minimum requirements of the New York Insurance law to the out of state car, regardless of their actual policy limits. This means, that if the out of state car or truck is insured by a company that writes policies in New York, the out of State car is deemed to have New York's minimum requirements, the moment that the car enters the State of New York.

New York's minimum requirements are $25,000 in liability coverage and $25,000 in no fault benefits. If you have suffered a personal injury in New York with an out of state car, you should consult with a New York car accident lawyer, who is experienced in handling car accident cases involving out of state motorists.

As a New York City car accident lawyer and Westchester car accident attorney, I have handled numerous hit and run cases. The first question people ask when they suffered an injury in a hit and run car accident is what do I do? If is frustrating and confusing to not know who hit you.

The answer is don't worry, you are entitled to benefits and to recovery damages for your serious personal injury. Who is responsible to pay your benefits and to compensate you for your personal injuries depends on how your car accident happened and whether you were in a car or truck or were a pedestrian.

The New York Insurance Law has set up a fund called the New York Motor Vehicle Accident Indemnity Corporation pays for the medical bills, wages and compensates car accident injury damages for personal injuries, if there is no other insurance available. There is no other insurance available if the other car was either uninsured or it left the scene (hit and run). However, New York law requires car accident insurance companies to provide no fault and uninsured motorist benefits.

So if you were in an insured car, which was involved in a hit and run car accident, the insurance company for the car which you were in has to pay your no fault benefits and provide uninsured motorist benefits.

If you were a pedestrian and were hit by a car, which was either uninsured or fled the scene after the accident.

There are time limits to get these benefits. For example, New York Insurance Law 5208 requires that someone who sustained an injury in a hit and run car accident report the accident within 24 hours or as soon as reasonably possible to a police, peace or judicial officer or to the Commissioner of Motor Vehicle. However the law also states that the fact that the accident was not reported within twenty-four hours after the accident shall not prejudice the rights of the person if it is shown that it was not reasonably possible to make such a report or that it was made as soon as was reasonably possible. Many car insurance policies have similar language as requirements to get uninsured motorist benefits.

Unfortunately, if there was an accident, often the New York City Police Department does not respond to hit and run calls and if they do, they often loose reports. New York insurance companies are notorious for trying to deny claims because of the lack of an accident report. To prevent insurance companies from taking advantage of sloppy police work to harm their insureds who were car accident victims, the courts have consistently afforded a very liberal interpretation to the notice requirement, accepting police contacts that fall far short of the operator's obtaining a written report. If you were injured in a hit and run, in New York City or Westchester, call our New York car accident lawyers for a free consultation.

Unfortunately, many people who have suffered serious personal injuries in car accidents are victims to inadequate insurance coverage. This typically occurs where the person who is responsbile for causing the car accident or the truck accident has only a minimum policy.

Where an accident victim has suffered a serious injury caused by someone with only a minimum liability policy, New York injury lawyers who represent car accident and truck accident victims must explore the availability of supplementary underinsured benefits. The minimum insurance requirement in New York is $25,000 of liability insurance. Where an accident victim has suffered a serious personal injury such as a fracture or back injury that requires surgery or is disabling, that is insufficient.

Where the accident victim has higher insurance limits, their own insurance can be made to pay the difference between the low insurance policy of the defendant and the policy limits of the accident victims. For example, if the car accident victim has $100,000 in insurance and the person who caused the car accident has $25,000 in insurance, then, the defendant's insurance company will pay $25,000, and then the car accident victim with serious persoanl injuries can force their own insurance company to pay $75,000 (the difference between the $100,000 policy and the $25,000).

Under New York law, every car insurance policy automatically must include a S.U.M., endorsement. New York car accident lawyers must put the no fault carrier on notice of an SUM claim as soon as possible after learning the policy limits of the under insured vehicle. Also New York car accident lawyers must get consent from the S.U.M. adjuster prior to settling with the insurance carrier for the car or truck that caused the accident, or else S.U.M. benefits might be lost.