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Welcome to The Law Offices Of Stuart E Meltzer, Esq.,. - New York City Personal Injury Law Firm - personal injury lawyer & attorney legal advice - auto/car accidents, lead poisoning, brain injury, birth injury, cerebral palsy, products liability, medical malpractice, negligence in Manhattan, Brooklyn, Bronx, Queens, Staten Island, New York


Auto/Car Accident


New York personal injury law firm Stuart Meltzer providing excellent legal representation in accident, products liability & medical malpractice matters; brain injury, birth injury, cerebral palsy, lead poisoning, auto accident, slip & fall, negligence, criminal defense cases. Let our family help your family. Legal advice in New York City, Manhattan, Brooklyn, Bronx, Queens, Staten Island, New York.



What Are My Rights Under New York's No-Fault Law?
Under New York's No-Fault law, there are two ways to receive compensation if you have been injured in a motor vehicle accident. First, anyone who has been injured as a result of motor vehicle accident is entitled to "No-Fault" insurance benefits to cover economic losses, hospital and medical bills and lost wages. The appropriate insurance company must pay these benefits even if the injured person was partially or totally at fault. Second, those who have unfortunately suffered more serious injuries, such as a broken bone or long-term disabilities, may file a lawsuit seeking money damages for pain and suffering.

No-Fault Benefits

Under New York law, you are entitled to compensation for economic losses simply by demonstrating you were injured as a result of a car accident. When a driver or passenger is injured, the vehicle owner's insurance company pays these benefits. If the injured person is a pedestrian, the company insuring the car that struck the person will pay. No-Fault benefits are available even if the car was uninsured. Benefits may be obtained through New York Motor Vehicle Accident Indemnification Corp. or through the injured person's own or family member's insurance company.

No-Fault benefits include:
Hospital and medical expenses up to $50,000.
Lost wages equaling 80% up to $1000 per month for a period not exceeding three years.
No-Fault benefits are not available to any person who was driving while intoxicated or under the influence of drugs or if she intentionally caused her own injury. Similarly, these benefits are not available if the accident occurred while someone was committing a felony.

Making a claim for No-Fault benefits

In order to obtain No-Fault benefits, you must to file a written application with the appropriate insurance company within 30 days of the accident. When you speak with your insurance company after the accident, request that they send you the New York State No-Fault Application. You will be given a claim number and the name of an insurance company claim representative you or the medical provider can send the bills to. You may also contact this person if you feel your are not receiving the appropriate benefits.
If you do not receive your benefits, there is an arbitration procedure which can compel the insurance company to pay them. An arbitrators award can also include payment of interest and attorney's fees.
If the insurance company feels that medical payments are unnecessary, it can require that you attend a physical examination with a doctor it designates. If the doctor concludes that your medical treatment is no longer needed, or that you are able to work, your benefits will stop. If you disagree with this determination, you can request arbitration to test these findings. However, everyone's benefits will terminate when $50,000 has been paid.
You should consult with an attorney to make sure that your rights are protected and that you receive the benefits you are entitled to. You should contact us to schedule a free consultation.

Lawsuits for Pain and Suffering

While the law ensures that your medical expenses and lost wages will be compensated, you may only sue and recover for your pain and suffering if you have sustained "serious injury." Under the law, a "serious injury" is any of the following situations:
Death;

Fracture or separating of a bone;
Significant disfigurement with visible scarring;
Loss of a limb;
Loss of a fetus;
Permanent loss or use of a body organ, member or system involving persistent pain;
Permanent consequential limited use of a body organ or member;
Significant limited use of a body function or system or an impairment of a non-permanent nature that prevents the victim from conducting daily activities for at least 90 days during the 180 days immediately following the accident.
These conditions must be medically proven. Your complaints about your injuries alone are not sufficient; rather, expert medical testimony and medical documentation are required to pursue a lawsuit.

Hit-and-run Accidents or Uninsured Motorists

If you are the victim of a hit-and-run or an insured driver, you are still able to receive insurance benefits. In New York, the Motor Vehicle Accident Indemnification Corporation must provide the same protection to people who do not own an insured car or live in a household with an insured vehicle. Car owners and their household members can make a claim directly against their own insurance company and may not need to go through MVAIC.
First, make sure that you report your accident to the police within 24 hours or your rights to any benefits will be forfeited. If you were hospitalized and you failed to report the accident, be sure to call the local police precinct and report the occurrence as soon as possible.
If you were the driver or passenger of a car struck by a vehicle that left the scene, you should make two claims against the insurance company of the car your were in:
a claim for medical and hospital expenses and lost wages under the No-Fault section of the policy;
a claim to seek monetary damages for pain and suffering under the uninsured motorists protection of the policy.
If you were a pedestrian and were the victim of a hit-and-run or were struck by an uninsured driver, you must file a written notice of claim with the Motor Vehicle Accident Indemnification Corporation within 180 days of the accident. However, if you or a member of your household own an insured car, your claim should be made with the insurance company that insures that vehicle.
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 The Law Offices Of Stuart E Meltzer, Esq.,. - New York City Personal Injury Law Firm - personal injury lawyer & attorney legal advice - auto/car accidents, lead poisoning, brain injury, birth injury, cerebral palsy, products liability, medical malpractice, negligence in Manhattan, Brooklyn, Bronx, Queens, Staten Island, New York
New York personal injury law firm providing excellent
legal representation in accident, products liability &
medical malpractice matters; brain injury, birth injury,
cerebral palsy, lead poisoning, auto accident,
slip & fall, negligence, criminal defense cases.
Let our family help your family.
Legal advice in New York City, Manhattan, Brooklyn,
Bronx, Queens, Staten Island, New York.

 

Examples of The Types of Injuries Caused by Seat Belts
The following is a list of injuries most commonly associated with faulty or defective seat belt restraints suffered in automobile accidents.


Traumatic Brain Injury
Closed Head Trauma
Other types of Head and Brain Injuries
Spinal Cord Injuries
Paraplegia
Quadriplegia
Death

Many secondary injuries are also the result of the use of seat belts, such as:

Contusions
Cracked Sternum
Aneurism
Burst Appendix
Ruptured Spleen
Vertebrae Injuries
Soft-Tissue damage

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