Q: Will I have to pay all the lawyer’s fees if I lose a lawsuit?

A: You have options of how you would like to structure the lawyer’s fees if you choose to pursue a personal injury lawsuit. You may sign a retainer agreement which would make you personally responsible for any legal expenses regardless of the outcome or a retainer that would not hold you responsible if the case […]

Q: What is the time limit to file a lawsuit for my accident?

A: Generally, the statute of limitations to file a lawsuit for a car accident is three years from the date of the accident. The “statutes of limitations,” are different depending on the circumstances of your case. The New York statutes of limitations for car accident cases are: three years after the accident for filing a personal injury lawsuit (i.e. […]

Q: What is Supplementary Uninsured Motorist coverage?

A: SUM/UM coverage provides for an individual, a family member who lives with that individual or anyone in a car which the individual is operating if a negligent motorist (1) has no insurance or (2) has a low policy limit. Supplementary Uninsured Motorist/Underinsured Motorist coverage applies if another driver causes an accident and has little […]

Q: What if I am hit by a car while riding or walking drunk?

A: Even if you were riding or walking drunk, it is still possible to recover in a claim for your injuries. Each accident presents with differing circumstances that can affect the outcome in a personal injury claim. Just as drinking and driving can be deadly, so can drinking and walking. Over a third of the […]

Q: Can I be excluded from No-Fault coverage?

A: A person may be excluded if he is involved in an accident as a result of driving while intoxicated; intentionally causes the accident; drives an ATV or motorcycle; is injured while committing a felony; drives a stolen vehicle; or is the owner of an uninsured vehicle involved in the accident. In the 1970’s New […]

Q: How do I claim No-Fault benefits?

A: You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you. If you do not know the vehicle that struck you or if the vehicle was uninsured, you may […]

Q: Can I claim “No-Fault” if I was hit by a motorcycle?

A: A pedestrian or bicyclist hit by a motorcycle can file a claim against the insurance company covering the motorcycle. Because the makers of New York’s No-Fault insurance law regard motorcycles as inherently dangerous, No-Fault does not apply to accidents involving motorcycles. Insurance companies often attempt to limit or deny claims from pedestrians or bicyclists injured by motorcycles. Because […]

Q: The insurance company of the driver who hit me says I have to use my own insurance before they will pay anything. I have a huge deductible. What do I do?

A: If the victim of an accident is a pedestrian, the insurance company of the driver who hit you is going to be responsible for paying the medical expenses. In New York State, the No-Fault law allows for speedy compensation to drivers, passengers and pedestrians for basic economic loss. That includes medical expenses, 80% of […]

Q: I was hit by an uninsured driver. What do I do?

A: In New York, if you are injured by an uninsured driver, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. New York drivers are required to have valid insurance upon a vehicle for it to be registered.  If the vehicle that […]