TAXI DRIVER LAWYER2018-09-24T12:34:24+00:00

TAXI DRIVER LAWYER

TAXI DRIVER LAWYER

WITTENSTEIN & WITTENSTEIN – WE LOVE TAXI DRIVERS!

For over 60 years Wittenstein & Wittenstein has dedicated itself to representing New York’s Cabbies.  We are proud to represent drivers of Ubers, Lyfts, Vias, black cars and liveries.  We have always taken a special interest in our City’s hard working taxi drivers, making sure that they have the best representation possible when they have an accident.  We know that taxi drivers are industrious  New Yorkers tirelessly work long hours helping people get where they need to go.  They have more accidents than other drivers, not because they don’t drive well, but because they spend so many more hours on the road.  When a taxi driver has an accident, they need the services of an attorney that understands their needs and is committed to serving the taxi driver community.  So, if you are a taxi driver that’s been injured in an accident, you’ve come to the right place.  We have great pride in the work we do to help the professional driver community.  If you drive a taxi, you deserve a taxi driver lawyer that really cares about your business, and is willing to go the extra mile to help you.

TAXI DRIVER COVERAGE FOR MEDICAL BILLS, LOST EARNINGS AND OUT OF POCKET EXPENSES

It is important for a taxi driver to know that the “no-fault” car insurance will often NOT cover them for medical bills, lost earnings and out of pocket expenses if they are working for a fleet, but the fleet’s Worker’s Compensation policy will cover them.   If you are a medallion owner or livery owner, no-fault will generally cover you, but a taxi driver, operator or lessee is considered an employee unless they are leasing a taxi from the owner of the taxi and the owner of the taxi personally, regularly drives the taxi an average of 40 or more hours a week.  To avoid having a Worker’s Compensation policy for a lessee, the lessee must meet the criteria as an independent contractor.  This means that the owner-operator may not in any way “control, direct, supervise, or have the power to hire or fire such lessee.”  There is also the issue of whether or not a driver was “in the course of their employment.”  There are “gray areas” such a driver’s on their way back to the base or on a lunch break.  In this case an experienced New York City Taxi Driver Attorney will file for both no-fault and Worker’s Compensation and let the insurance companies battle it out, ensuring that you have coverage either way.  This is complicated stuff, and the facts of your particular situation will ultimately dictate where coverage is obtained.  This is not something you want to risk doing on your own.  You need New York City Taxi Driver Lawyer – Wittenstein & Wittenstein to help you navigate this territory!

Medical benefits under no-fault and worker’s compensation differ.   No-fault allows you to treat immediately, getting the testing and procedures you need from doctors that accept no-fault insurance.  You are required to attend examinations with doctors hired by the insurance company and sometimes the benefits will be cut off quickly.  Some doctors, knowing that no-fault cuts off benefits quickly are willing to treat patients after their cut-off and hire lawyers to arbitrate their bills with the insurance company.  If a person truly was in need of care, they are usually successful in collecting payments for their bills, and will not charge the patients if they don’t collect money.  For more information on “no-fault” benefits, see our blog post “Everything You’ve Ever Wanted to Know About No-Fault.”

Worker’s Compensation has a different structure.  Most medical testing and procedures will require approval from Worker’s Compensation, so there can be delays in care, but it is much more generous with the length of treatment.  There are other benefits available from Worker’s Compensation.

NEW YORK CITY TAXI DRIVER LAWYER

SPECIAL LAWS AND REGULATIONS FOR UBER AND LYFT

New York City has taken action to hold Uber drivers to high standards and passed some of the toughest rideshare regulations in the country. Uber drivers in NYC must hold a special license issued by the New York Taxi and Limousine Commission, and carry insurance designed for cabbies and other commercial drivers.  Just like taxi drivers, the New York Taxi and Limousine Commission requires rideshare drivers transporting up to eight passengers to have a minimum of $200,000 in no-fault insurance, and liability policies that cover at least $100,000 per person and $300,000 per incident.  These minimum rates were mandated to protect drivers after several high profile accidents where Uber drivers were seriously injured while driving their own car while on their way to pick up a passenger, and Uber refused to provide coverage.  That said, accidents while driving an Uber are complicated, and you need the an attorney that is a specialist in the field, dedicated to helping drivers.  You need New York City Taxi Driver Lawyer – WITTENSTEIN & WITTENSTEIN!

We dedicate ourselves to helping drivers, always up on the latest changes in laws and regulations, and the best part is, you don’t have to pay us a dime until we collect money for you.  You’ve got nothing to lose and everything to win.  Call us for a FREE CONSULTATION at 718-261-8114.

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NO FEE UNLESS WE WIN

LIABILITY COVERAGE VS. FULL COVERAGE FOR PROPERTY DAMAGE

LIABILITY COVERAGE VS. FULL COVERAGE FOR PROPERTY DAMAGE So after 5 long years you finally finished paying off your car. You are therefore no longer obliged to continue having full coverage (collision insurance) for your vehicle. While this may be the case, it may still be worth it to keep your full coverage intact in the event that you sustain property damage. Before deciding to remove full coverage from your auto policy, there are a couple of things to consider. LIABILITY COVERAGE VS FULL COVERAGE (COLLISION INSURANCE) To start off, let’s be clear. Liability Coverage is something else entirely different than full coverage. Liability Insurance covers damages to people or property you may have hurt during an accident. It also covers your [...]

10 Defensive Driving Tips

These 10 defensive driving tips will help you avoid accidents.  We are all taught these 10 defensive driving tips when we take driver's education classes, but as the years go by, it's easy to forget! 1. DON'T EXPECT OTHER DRIVERS TO FOLLOW THE RULES OF THE ROAD Just because you stop at stop signs and don't go through red lights, other drivers may not be so careful.  They might even be drunk, texting, sleepy or distracted.  When you are at an intersection, even if you have the right of way, check carefully to see if any cars are coming.  Make sure to look carefully for pedestrians that might be jaywalking, especially children.  Do not expect drivers to always "yield" when they [...]

When you’ve injured in a car accident – don’t refuse the ambulance!

The other day a client called, telling me that she was very nervous about what to do because she just had a car accident. She said that she had the green light, but the woman that blasted through a red light, lied to the police, and the police report says that the accident is a "question of lights." She said she had a witness, a pedestrian, that had to jump out of the way as that woman sped through a red light. She said she was hurt and so was her mother. I told her she should come in right away. She said she was busy and could not come in until next Tuesday. By the time they came in, the case [...]

How Do I Find Good Doctors That Take My Insurance?

No-Fault Attorney in Queens Explains How to Get Your Medical Bills Paid After an Accident Quick Summary Get medical treatment as soon as possible - take the ambulance offered by the police to the Emergency Room - make sure to complain about EVERYTHING that has been injured. Get follow-up care as soon as possible with an appropriate specialist that treats traumatic injuries, somebody that knows how to write litigation reports and can appear as an expert witness. Continue to see your regular doctors for ongoing health issues, but not for your traumatic injuries Avoid "Doctor Referral Websites" - they often refer people to "medical mills" that do not provide good care and are frowned on by insurance companies Get all the [...]

Oh No! – I Had an Accident While Driving a Taxi (Uber, Lyft, Livery)

TAXI ACCIDENT NYC - WE CAN HELP When you have an accident while you are working, your case has two parts.  The first part is to establish how your first party benefits (medical care, lost earnings, out-of-pockets expenses, etc.) will be paid.  In most cases those benefits will be paid by Worker's Compensation, but in some circumstances they are paid by "no-fault" under the car insurance policy of the car you are driving.  Since this is not always crystal clear at first, we always file for no-fault benefits as well as referring our clients to a Worker's Compensation attorney to file a claim there.  There are also situations where it is not clear that you were working, such as if you [...]

New York No-Fault and Serious Injury Threshold Deciphered

So you’ve been injured in a car accident (truck, bus, etc.) and you are wondering whether or not you have a case.  For car accidents in New York, you can’t sue for minor injuries.  You need to have a “serious injury” - I’ll explain. In the 1970’s the law regarding suing for injuries caused by an accident changed substantially.  Before that, if you had an accident, you would get the medical treatment you needed and sue for the cost of the medical treatment, time lost from work, out-of-pocket expenses (ie: taxis to treatment) and for your injuries.  The “no-fault” law changed all that. Now, the “no-fault” law provides a minimum of $50,000 of insurance coverage for medical bills, lost-earnings and out-of-pocket [...]

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Why are Stretch Limos ‘unsafe’?2018-10-16T17:27:44+00:00

After the tragic limousine accident on October 7th, resulting in the death of 20 people in upstate New York, the safety of stretch limos have come to the forefront. This is especially so, following the limousine accident 3 years prior where 4 women, including a bride-to-be, died. So what is it about stretch limousines that render them a potential safety hazard?

Here are some safety concerns pertaining to stretch limousines:

  1. Many stretch limousines are not originally manufactured as stretch limousines– they are instead cars that have been modified to become limousines. The front and rear of the original car is first removed. The body of the car is then extended. The front and rear is then added to the extended body. This modification is not done through the manufacturer but rather by a third party company that has acquired the car sometime down the line. The process that the original car had to go through before being released for purchase (crash experiments, tests, etc) no longer ensure the safety of the limousine since the dimensions of the original car has drastically changed. The stretch limousine that crashed, killing 20 people on October 7th, was a 2001 Ford Excursion meant to sit 9 people. Nearly 20 years later, it seated 18.
  2. When modified, many safety features are removed/no longer apply- When ‘stretching’ a car, features such as side roller over pillars and even airbags are removed, or are no longer able to offer protection.
  3. There are not enough seat belts for each passenger- in addition, because of the culture of drinking and having ‘fun’ in the limousine, people tend to not want to put on seat belts. Seat belts are often seen as ‘too restrictive’ in such a setting. This creates a huge hazard should an accident occur
When to Call a Car Crash Lawyer?2018-07-25T14:20:17+00:00

ARE YOU WONDERING WHEN TO CALL A CRASH CRASH LAWYER?

You should call a car crash lawyer if you are injured in an accident.  It might not be clear how serious your injuries are right after an accident, but an experienced car crash attorney can advise you about steps to take to preserve your rights.  For example, a car crash lawyer is likely to suggest that you take the ambulance to the hospital to be checked out – you could be in a state of shock and the injuries might be worse than you think.  A car crash attorney will also suggest that you file for “no-fault benefits” so your medical bills will be paid, because a car crash lawyer knows that the deadlines are short.  A car crash attorney will also recommend how to best handle your property damage claim, should there be damage to a vehicle.

WHAT TO DO BEFORE CALLING A CAR CRASH ATTORNEY

There are so many reasons to call an experienced car crash lawyer after an accident.  Here is the list of recommended steps to take:

  1. Check the physical condition of yourself and others in the car
  2. Get out of the car, if possible. and help others if necessary
  3. Call 911 for the police and ambulance
  4. Call your car crash lawyer for more advice

A call to your car crash attorney is always a good idea.  Car crash lawyers recommend calling as soon as possible so that they can provide the best advice for your particular situation.

ARE YOU LOOKING FOR A GREAT CAR CRASH LAWYER?

Car Crash Lawyers, Wittenstein & Wittenstein, will give you free advice from the scene of the accident, so you don’t have to guess at what to do.  There’s no reason not to call a car crash attorney after an accident, and the sooner the better.

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What I Should I Do Immediately After a Car Accident?2018-07-21T14:16:20+00:00

QUEENS CAR ACCIDENT LAWYER NYC

SERVING QUEENS, BROOKLYN, THE BRONX, MANHATTAN, STATEN ISLAND AND LONG ISLAND

Queens Car Accident Lawyer, Wittenstein & Wittenstein has been helping victims of car accidents for over 60 years.  We know that even though more than six million car accidents happen each year, it still comes as a shock when it happens to you. It is an emotional and overwhelming time, but Queens Car Accident Lawyer, Wittenstein & Wittenstein is here to help. Below is a checklist of steps to take immediately following an auto accident:

1. Try to remain calm.
2. If you are injured, stay in your car unless it is unsafe to do so.
3. Wait for the police and medical help.
4. Record all witnesses’ names, addresses, and phone numbers, as well as those of any other drivers who were involved.
5. When giving your report of the events for the police report, be sure to confirm whether you were wearing a seatbelt.
6. If you are injured, insist on an ambulance ride to the hospital.
7. Obtain medical treatment immediately, even if you are unsure if you’ve been injured. Tell medical personnel everything that you feel might be physically wrong as a result of the accident.
8. Refrain from accepting legal referrals at hospitals.
9. Do not talk to insurance representatives until you have contacted a lawyer.

Of course, if you are visiting this page, you may have already been in a car accident. If this is the case, Queens Car Accident Lawyer, Wittenstein & Wittenstein can help you seek the justice and compensation you deserve. With over sixty years of experience and a uniquely personalized approach to legal services, we are confident that we can help. Simply call 718-261-8114, and we can be there to help you.

QUEENS CAR ACCIDENT LAWYERS

WITTENSTEIN & WITTENSTEIN

Wittenstein & Wittenstein knows it takes mere seconds for a car accident to change your life. You may have been lucky enough to walk away, but that does not mean you did not have severe medical bills that might still be piling up today. Combine that with the time you may have been forced to stay home from work while rehabilitating, and you have experienced a serious financial loss. Wittenstein & Wittenstein wants to help right this wrong.

Car crashes occur literally almost every second of the day in the United States alone. As you likely know if you are reading this web page, these car accidents, when not fatal, can cause injuries ranging from the minor to the incredibly severe. Wittenstein & Wittenstein understands that car accidents happen to just about everyone, and we want to make sure that you receive the compensation you deserve for the injuries you have sustained, no matter how small or large. If you have been injured in a car accident and believe you may be eligible to file a lawsuit, contact us at 718-261-8114 or law@wittenstein.com so we can help you determine what your options are and figure out the best next step for you to take.

What is No-Fault? Simply put, it is a type of insurance that covers certain risks regardless of who is at fault when an accident occurs. If you are involved in an accident where you are not at fault, your own insurance must pay for your medical bills. The “No-Fault” name is based on the idea that even though, for example, someone else rear-ended your car while you were stopped at an intersection, your own insurance carrier is the party who must pay the fees for the ambulance, hospital, rehabilitation, and any other medical needs stemming from the incident. This may even extend to financial losses resulting from the injured party’s inability to go to work. However, it is the primary goal of No-Fault insurance to make sure that your health is taken care of without consideration to who is responsible for the accident.

It is important to remember that No-Fault insurance does not cover vehicular damage, only medical bills. Instead, it is the party at fault who may be legally held responsible for paying to fix your vehicle. Additionally, keep in mind that No-Fault has its limits: policies are only required to pay up to $50,000 for legitimate losses.

QUEENS CAR ACCIDENT LAWYERS

WITTENSTEIN & WITTENSTEIN

The following is important information you should know about the way No-Fault works in New York State:

  • In order to qualify for No-Fault benefits, you must file a No-Fault application (form NF-2) with the insurance carrier of the car you were in.
  • If you were a pedestrian, you should send the No-Fault application form to both the insurance carrier of the car that hit you and the insurance carrier of a car that you own (if you own a car).
  • No-Fault does have time constraints. If you are in an accident, it is especially important to file for the No-Fault Application immediately. You have thirty (30) days from the date of the auto accident to file the form.
  • Don’t put it off thinking that your injuries may get better or that your health insurance will cover the accident. Filing the application does not obligate you to commence a claim. Most health insurance does not cover personal injury resulting from a car accident, so filing the form is a matter of protecting your rights.
  • Make sure that you send the form to the correct insurance company. Even if the accident was the other car’s fault, the No-Fault Application gets sent to the insurance carrier for the car you were in.
  • If you have difficulty getting information from an uncooperative driver, get a copy of the police report. This should have a three digit code which will tell you the insurance carrier. If you still cannot find the insurance company, the new regulations do allow you to provide written proof of a “clear or reasonable” reason for missing the deadline. However, the insurance company is the party that decides if your reasons are sound, so it is not wise to bank on a late application being successful.
  • Send a notice right away to the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC) if you are having trouble filing. MVAIC is a state run agency which steps into the shoes of the insurance company where there is no insurance. If you find out the identity of the insurance company after you file with MVAIC, you may always withdraw your claim. However, much like insurance companies, MVAIC will not pay without a fight.
  • If you are claiming lost earnings and out of pocket expenses, save all your receipts for car service, personal assistance, etc. and make sure that your employer sends in proof of your wages, disability and loss of income within ninety (90) days of the accident. Under No-Fault you are entitled to receive 80% of your accident-related lost earnings up to $2000 a month paid over a maximum of three years.

If you have any questions or concerns regarding No-Fault regulations and believe you may be eligible to file under No-Fault, please contact us at 718-261-8114 or law@wittenstein.com so we can best assess your options and help you plan your next step.

Our Accident Lawyer Blog

Here you will find a wealth of useful information for victims of negligence, property owners, and safety buffs.  Negligence is carelessness, and when that carelessness causes an injury, a cause of action for compensation can arise.  Learn what you can for yourself and when an accident lawyer can help you.  We respond quickly to all comments, and will gladly take your phone call if you have any questions.  Our phone is answered by a real live human being who will let you know when an attorney is available to speak to you, not just bleep you over to voicemail.  (Occasionally, if we are very, very busy, our voicemail might pick up, but we’ll call you right back.)

Learn how a top accident lawyer can show compassion for your situation and clearly explain all the options.  Please explore our blog and feel free to CONTACT US.

Queens Car Accident Lawyer Wittenstein & Wittenstein get great results and provides great service.

  • Claudine Arnow. Client
Why Can’t I Get a Personal Injury Lawyer to Take My Case?2018-07-19T12:31:47+00:00

PERSONAL INJURY LAWYERS AND CONTINGENCY FEES

Most personal injury cases are handled with a contingency fee.  This means that the personal injury lawyer is laying out the money to prosecute the case, only getting paid when there is a settlement or a verdict.   For example, if you are involved in a car accident where the other car went through the light, but the other driver is lying and saying you went through the light.  If you are seriously injured, an attorney is likely to be willing to take your case and fight to prove that the accident was the other driver’s fault, but if you have minor injuries and little medical treatment, it wouldn’t be worth it.  On the other hand, if you are hit in the rear by a drunk driver and your injuries don’t seem serious at first, a lawyer might take this case and follow your treatment to see how quickly you heal as it is likely you will be able to collect something with full liability.  That said, it’s always worth it to get a free consultation from a personal injury lawyer to see if they will take the case.  At Wittenstein & Wittenstein we will always take the time to speak with you, and if we can’t take your case, you will completely understand exactly why.

MEDICAL MALPRACTICE

Some types of personal injury cases require a very large investment in time and money, so these cases need to be a “slam dunk” on both liability and damages before an attorney will be willing to make an investment.  The most frustrating scenario for clients is usually with medical malpractice cases, especially when there is ample evidence that the doctors did something wrong.  For example, the doctors did not use the proper procedures at the hospital for a 100-year-old woman, and the woman sadly passed away as a result.  It would still be necessary to hire medical experts (doctors) to prepare testimony, which can cost $10,000-$20,000 at a minimum.  The life expectancy of a person that is 100 hundred years old is zero, and there are obviously no lost earnings, etc.  The problem is that it would cost more to prosecute the case than what can be collected in damages.  Another example of a situation where there are not enough damages to prosecute a medical malpractice case is a young healthy person has a procedure that the doctors does wrong, but a second procedure can fix the problem, and the person recovers completely.  Here, even if it easy to prove that the doctor’s fault, there is not enough money to collect to make back the investment.  If a medical error is egregious and it is not practical to bring a malpractice case, there are sometimes other ways of getting justice.  A complaint can be filed with the Department of Health or the Human Rights Commission.  These non-profit governmental organizations have funding to prosecute in the public interest and can prosecute health care providers, taking away licenses and issuing fines.

DEFAMATION

Another type of case that is very expensive to prosecute is defamation.  Let’s say a small daycare provider to harassed by somebody calling them a “child molester” which is clearly injurious to their reputation.  Defamation cases are usually not taken on a contingency fee, so it would cost the claimant $300-$400 an hour to pay an attorney to represent them.  It would take years to prosecute this case and meanwhile there is little that could be done to protect the reputation of the daycare.  It would be necessary to prove “damages” in the form of lost earning to the daycare, and a small daycare might not be able to survive this loss long enough for the case to be resolved.  A more effective way to handle this might be to file a criminal complaint for harassment.  If the perpetrator is arrested and convicted of harassment, parents can be advised that the allegations were baseless and in fact, the person making them was arrested for harassment.  This would be a more practical way to put a stop to the defamation and protect the business.

DISCRIMINATION

Housing discrimination is another area where public interest organizations can be more effective than a private lawsuit.  New York City’s anti-discrimination laws are very strong, actions can be brought under Federal Law, New York State Law and New York Law.  For example, if you are discriminated against because of race and not shown an apartment by a real estate agent, but you find another apartment the next day.  Even if you can prove the discrimination, there are no damages because you like the apartment that you rented, it’s just as nice as the one you were not shown.  No attorney would take this case on contingency as there is little to no money to collect and nobody’s going to lay out $300-$400 an hour which they will not get back just to make a point.  The solution here is to file a complaint with the New York City Commission on Human Rights, where the lawyers are paid with tax dollars and donations to prosecute discrimination even if there is no money to collect.   There is great protection against many types of discrimination including “families with children,” and transgender persons.

WHAT TO DO IF YOU THINK A PERSONAL INJURY LAWYER WILL NOT TAKE YOUR CASE

There are many more examples of situations where the cost of the case outweighs what is likely to be collected, but it’s not necessary for you to make this determination yourself.  If it’s always worth it to have a free consultation with a personal injury attorney any time you suspect you might have a case.  The personal injury attorney might be able to suggest another remedy, such as a public interest organization or the police.  At Wittenstein & Wittenstein we will go out of our way to help you even if don’t have a case that we can handle for you, so don’t be shy about contacting us.  Call 718-261-8114 for a free consultation any time you think you might have a case.

What Happens If I Get Into an Accident While Driving a Company Car?2018-07-17T16:22:19+00:00

Although you should generally always follow these steps after a car accident, if you get into a car accident while driving a company car, what happens next largely depends on whether or not you were driving the car while in the course of employment. It is important to note that commuting to and from work typically is not considered as being in the course of employment.

Regardless of who may be at fault, as long as you were not involved in reckless or criminal behavior while operating the company vehicle, you should be able to process a worker’s compensation claim. Worker’s compensation will pay for your medical bills, lost earnings, and will reimburse for any other costs related to getting medical treatment.

If the accident is caused by a negligent driver you will be able to process a bodily injury claim against that driver’s liability insurance. This will account for pain and suffering you went through as a result of the accident. If you are at fault for the accident, you and your employer typically is seen as liable under the legal doctrines of respondeat superior. The commercial liability policy held by the employer would pay out third party damages and will also offer protection if any personal lawsuits are brought against you.

If you are not in the scope of employment at the time of an accident in a company vehicle, the commercial insurance policy may not come into play. This can be particularly challenging if you are at fault for the accident.

If involved in an accident in a company car due to another’s negligence, it is important to reach out to a personal injury attorney as soon as possible. An attorney can help see to it that you receive fair recovery for your bodily injury claim, and that your workers compensation claim proceeds smoothly. Having an attorney can especially be helpful when trying to understand the implications of a contract you may have signed regarding use of the company vehicle, prior to the accident.

What Should I Do If I Get Into an Accident While Out-of-State?2018-07-19T12:32:37+00:00

If you get into an accident while out-of-state, follow the same steps you would take if you were involved in a car accident in your home state. Your insurance coverage follows you wherever you go within the United States, so you can be assured that your New York State No-Fault Benefits will cover your medical bills regardless of who is at fault.

Things can get a bit tricky when it comes to pursuing recovery through a bodily injury claim when in an out-of-state accident. Your personal insurance will adjust to at least meet the minimum coverage requirements of the state where the accident occurred. For example, if you’re a New York resident and have the minimum coverage (25/50/10) and are then involved in an accident in Maine, your policy would adjust to Maine’s minimum of 50/100/25.  This is great for the other driver/pedestrian if you are at fault for the accident. However if you’re pursuing a bodily injury claim because of the other driver’s negligence, your claim can be limited by that person’s insurance coverage which can be drastically lower than New York’s minimum (New Jersey’s minimum is 15/30/5). You are also subject to that state’s law, including their statute of limitations and must meet the threshold set by that state. A New York State attorney can still represent you but only an attorney from the state in which the crash occurred can file a suit if a settlement cannot be reached.

If you find yourself if an accident while out-of-state, contact NYC Personal Injury Attorney, Wittenstein & Wittenstein right away. We have over 60 years of experience in dealing with these types of cases. Call 718-261-8114 to schedule a free consultation today.

 

What Should I Do If I Get Into an Accident in a Rental Car?2018-07-19T12:32:14+00:00

If you are involved in a car accident with a rental car, you should follow the same initial steps as you would if involved in an accident with your own car:

  • Get your bearings and check to see if everyone is okay- If possible pull over safely to move out of the way of oncoming traffic. Confirm that all of your passengers are generally okay. If someone is badly injured do not attempt to move them, as this can result in further injury. Instead, wait for emergency medical services to arrive to the scene.
  • Call 911-this is especially necessary if someone is seriously injured, if there is significant property damage, and/or if there is a death.
  • Get the information of all other drivers involved- Make sure to get the name, address, number, insurance company and license plates of all of the other driver. If possible, take pictures of all of this information.
  • Write down names and numbers of witnesses- this can be especially helpful later on if you decide to pursue a claim
  • Gather all other information pertaining to accident- Note the weather and traffic condition and make sure to take pictures the scene and of all property damage
  • Take the ambulance to the hospital it is best to make sure everything is okay- though you may not feel pain right away it does not mean that you’re not injured

In addition, you must contact the rental company to report the accident. Most rental companies have a phone number to call in the case of an emergency- typically left in an easily accessible location like the glove department.

Figuring how to file a claim with insurance can be quite confusing when dealing with a rental company.  To better understand all options available to you and know the  proper course of action to take, it is best to contact a NYC personal injury attorney. 

How Do My Medical Bills Get Paid If I am Hit by a Car?2018-07-19T12:31:48+00:00

New York City No-Fault Lawyers know how to get your bills paid when you are hit by a car.   If you have insurance information for the car that hit you, your medical bills will usually be paid by the insurance company for that vehicle under their “no-fault” coverage.  If you were working when you were hit, you might be covered under workers compensation insurance.  If you are not working, and the accident was a “hit and run,” you will be covered under your own insurance policy, or the policy or a car owner in your household.  Your own insurance or household insurance will also cover you if the car that hit you does not have valid insurance.

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New York City No-Fault Lawyers – Helping People Hit by Cars

What Do I Do If They Tow My Car To a Shop After an Accident?2018-07-19T12:40:37+00:00

Queens Property Damage Attorneys

We know that you need to get your car out of storage as soon as possible.  The shop doesn’t care why your car is there, they will charge you storage for every day it stays there.  If you have full coverage on your vehicle, you might be able to get it inspected and repaired at the shop quickly.  If you don’t have full coverage, you still might be able to get it inspected and repaired quickly, if the police report clearly gives all the fault to the other vehicle.  If you have a car accident, never leave your car in storage, you will be responsible for the storage charges and will not be reimbursed.

If you don’t have full coverage and/or the police report does not attribute 100% liability to the other vehicle, you need to get your car out of storage.  If it’s drivable, get it right out.  If it’s not drivable and probably totaled, you should get an estimate, take pictures and junk it.

Queens Property Damage Attorneys will help you get money to get your car fixed.   For more information about property damage and car accidents, call Wittenstein & Wittenstein for a FREE CONSULTATION.

Should I Call the Insurance Company After an Accident?2018-07-19T12:52:05+00:00

If you are wondering, “Should I call the insurance company after an accident,?” the answer is yes and no.

You are required to notify your insurance company after an accident.  If you hire an attorney, the attorney can report the accident for you.  Failure to report an accident to your own insurance is a policy violation, putting your coverage at risk.  Failure to report an accident could result in the insurance company denying your entire claim, including defending you in a lawsuit brought against you.

You do not have to, and generally should not contact the other driver’s insurance company.  NEVER give a recorded statement to the other driver’s insurance company.  This is much better handled by an attorney, especially if you are injured.  Any information you provide to the other insurance company can and will be used against you if you bring a claim.  They might ask you about your injuries, which may not have been fully diagnosed, and will use that information to minimize your claim.  It might be tempting to try to settle your property damage claim directly with the other car’s insurance company.  This might be a good idea if the police report clearly puts the fault on the other car, but if the liability is not crystal clear, you could be jeopardizing both your property damage and personal injury claims by speaking to the insurance company.

The safest thing to do is have a consultation with a Personal Injury Attorney before contacting the insurance company.  So, if you are wondering, “Should I call the insurance company after an accident,” call a lawyer.  This way you will be sure that you are doing the right thing in your particular circumstances.

For more information, read the articles below:

Car Accidents

When you’re injured in a car accident – don’t refuse the ambulance!

 

What Should I Do If I Have a Bicycle Accident2018-07-19T13:33:08+00:00

WHAT SHOULD I DO IF I HAVE A BICYCLE ACCIDENT?

If you are wondering, “What should I do if I have a bicycle accident,?” you should call a bicycle accident attorney for advice for your particular circumstances.  Bicycle Accidents are complex.  Insurance coverage for bicyclists is tricky.

BICYCLE ACCIDENT MEDICAL BILLS

Your no-fault benefits should be paid by the car that hit you.  If that vehicle was uninsured, and you have a “car in your household,” the no-fault benefits will be paid by your insurance company (who is not allowed to raise your rates due to this type of claim.)  If there is no insurance at all, there is a state fund called MVAIC that will pay benefits.

BICYCLE ACCIDENT INJURY CLAIMS

Your primary bodily injury claim will be against the vehicle that hit you.  If that car has no insurance, you will have an uninsured motorist claim against your own company (car in the household.)   If there’s no car in the household, MVAIC will cover the loss.

For more information, see our article on Bicycle Accidents.

REQUEST FREE CONSULTATION

Alyce Wittenstein has been working on personal injury law cases for over 30 years. She began working as a paralegal for my father, Frederick M. Wittenstein, Esq. in 1988. In 1995 I went to CUNY Law School and was admitted to practice in 1999. In 2000 the name of the firm was changed to Wittenstein & Wittenstein, Esqs as it is today. Now she works with a staff of wonderful paralegals and of-counsel attorneys to bring clients not only the best outcomes, but also the best experience possible during the process.

What is No-Fault Insurance?2018-07-19T13:37:16+00:00

No-Fault insurance is a term that is commonly used to refer to “first party” benefits that are available to pay for medical bills, lost earnings and some out-pocket-expenses for traffic accidents in New York.  New York is a mandatory “no-fault” state so there is always some type of coverage if you are in a traffic accident, (unless you were working for an employer, then Worker’s Compensation will pay similar benefits.)  In most cases, an application for no-fault insurance coverage must be filed within thirty days of the accident, but there are some exceptions.  You cannot choose to use your health insurance instead, and you must treat with medical providers that accept no-fault rates.  There are no co-payments, so that’s a plus over using health insurance that people like.  You will need to attend Independent Medical Examinations (IME’s) with the insurance company and eventually the benefits will be cut off.  Many doctors are willing to hire lawyers to arbitrate these cut-offs so that you can treat longer if necessary.

If you are a driver or passenger in a vehicle, the no-fault insurance for the car you are in will be primary for no-fault benefits.  If there is no insurance on the car, the passenger can apply through their own car or a car “in their household,” or with MVAIC, but the driver is “out of luck” when driving a car with no insurance.  For pedestrians and bicyclists  the car that hit you is primary, then your own insurance or household insurance, then MVAIC.  There is no no-fault insurance coverage for motorcycle riders.

For more information see our article, “Everything You’ve Ever Wanted to Know about No-Fault”

What Should I Do After a Car Accident?2018-07-19T12:28:11+00:00

What Should I Do After a Car Accident?

If you are wondering “what should I do after a car accident,?” here are some simple steps:

  1. Check the medical condition for yourself and all occupants of the vehicle.
  2. Call 911.
  3. Use your phone to take a photo of the other driver’s identification, insurance information and phone number.
  4. Get the names and numbers for witnesses, if any.
  5. Take pictures of the scene and both vehicles.
  6. Take the ambulance to the hospital with all occupants.
  7. Call Wittenstein & Wittenstein at 718-261-8114.  It’s a good idea to keep your lawyer’s card in your wallet in case you have an accident.

At Wittenstein & Wittenstein we are experienced in handling all types of Traffic Accidents: Drivers and Passengers, Taxi, Uber and Lyft Drivers and Passengers, Pedestrians, Bicyclists, Motorcycles, Trucks, Boats, Planes, Busses, etc.

We Serve all of NYC – Queens, Brooklyn, Manhattan, The Bronx and Staten Island, plus Nassau County, Long Island and Westchester.

MORE DETAILED INFORMATION ABOUT TO DO AFTER A CAR ACCIDENT: