BUFFALO, N.Y. — One of the first steps a person might take after being involved in a car accident is to call their insurance company to report the accident and file a claim. In most cases, an insurance companies are responsible for covering the costs of medical treatment, lost wages, and more.
Unfortunately, many insurance companies fail to properly reimburse their policyholders. After filing an accident claim, an insurance representative will typically contact you to try to get more information. They’ll often ask you about some of the details of your claim, such as medical records and any evidence that you lost wages because of the accident. The insurance adjuster will then review your policy to determine available coverage. As this person investigates your claim using the information you provided, their primary objective is to save the insurance company as much money as possible.
Why Does My Insurance Company Need to Investigate My Accident?
Insurance companies conduct investigations of accident claims to find and opportunity to deny your claim. These corporations have a financial incentive for refusing to pay the claims of their policyholders. In some cases, these companies may even reward insurance adjusters for finding ways of denying legitimate claims for compensation. This is how many of the country’s top insurance companies maximize their profits — denying their loyal policyholders the funds they need to recover from a car crash for which they were not at fault.
The Insurance Company Approach to Accident Investigations
Most insurance companies employ investigators whose entire job is to detect and deter insurance fraud. These individuals typically have law enforcement experience and extensive knowledge of New York State insurance laws.
These investigators begin by receiving a short summary of the incident. The summary includes information like:
The date of the accident
The type of collision
The time of the accident
The location of the accident
A brief description of the accident
The insurance investigator may receive the following bits of information:
The other driver’s contact information
Photos of the accident, including your vehicle
Medical bills, if necessary
Statements from witnesses or passengers
The insurance investigator may also ask you for permission to inspect your car for damage, physical evidence such as damaged property, and a copy of the police report.
Getting Investigators to Work for You
Insurance investigators work with the interests of the insurance companies in mind. Therefore, they’ll likely do what they can to discredit any evidence you present to them showing the true extent of your losses and injuries.
When you work with a team of resourceful car accident attorneys in Buffalo, they’ll also investigate your accident; but with your interests in mind. Our car accident lawyers will look to preserve any evidence that supports your claim. Using this evidence, a car accident lawyer in Buffalo can put together a strong case so that you can walk away with the best result possible.
Call us, or contact our experienced team at Cellino & Barnes for quality representation. We have over 60 years of experience obtaining successful settlements for clients throughout New York, and we’d be honored to work for you.
NEW YORK — Buying a car is a hefty expense that can take several years to pay off. Although it can be a relief to replace a worn-out vehicle, an unavoidable risk of buying a car is getting into an accident in a car for which you still need to pay back a loan. Although your insurance company will typically step in to cover your losses, such as the cost of repairing your vehicle, a Bronx car accident lawyer says there are many other expenses to consider.
First, you need to prioritize. Your health and wellness should always be paramount. If you’ve been injured in an accident, it would be wise to get medical treatment and contact an experienced car accident lawyer to help you get compensation for your injuries. Then, you can start to consider options for other things, like your vehicle.
Many times, repair can exceed the car’s value. In this scenario, how does the insurance company help you pay off your car?
How Insurance Companies Determine a Total Loss
Each auto insurance company sets its own rules for calculating a total loss. Generally, a total loss is when the cost of a car’s repair exceeds 80% of the car’s value. The percentage of the car’s value the repairs must exceed to determine a total loss varies by insurance company; however, 80% is relatively common.
Here is an example of how this 80% standard comes into play. Let’s assume your vehicle’s actual cash value was estimated at $10,000 on the day you got into a serious car accident. Applying the 80% rule, we can deduce that your insurance company will consider your vehicle a “total loss” if the cost of repair reach or exceed $8,000 or 80% of the value of your car ($10,000). If repair costs to reach or exceed $8,000, your insurance company will not authorize any repairs. Instead, they will reimburse you for the value of your car before the accident.
Getting Paid After Your Car Was Totaled
Once you receive the check from your insurance company, you can use those funds to pay off what remains of your loan. Your insurance company will likely name the bank or financial institution that loaned you money to buy the car (the lien holder) as a payee on the reimbursement check. This is to ensure that the funds you get go toward paying off the car.
What If The Insurance Company Doesn’t Cover My Car Loan?
Cars depreciate in value much more quickly than other assets. There’s always the possibility that the money you receive from your insurance company won’t cover what you still owe. When this happens, you’re still legally responsible for paying back what you owe. If you have gap insurance, it might cover the difference between the check you got and your remaining balance.
Getting the Most from Your Car Accident Claim
One way to give your accident claim the best chance at success is to work with the dedicated team of Bronx car accident lawyers with Cellino & Barnes. We help those who’ve been injured in accidents, and don’t know where to turn. With over $2-billion in recoveries for our clients, we know what it takes to get you fair compensation for your injuries.
Additionally, our “No Fee Guarantee” means you won’t pay us a dime if we don’t win your case. We have over 60 years of experience helping car accident victims throughout New York get compensation for their injuries. Call our firm at any time of day or contact us for a FREE consultation.
ROCHESTER, N.Y. — When you’ve been in an auto accident, there are so many things to consider. Do I need to call the police? Should I contact my insurance company? Do I Need To Hire A Lawyer When The Other Car Driver Was At Fault? Should I see a doctor? Every decision is important, and a car accident lawyer in Rochester NY can explain what you should do after your accident.
What To Do After Any Car Accident
There are several steps you’ll need to take if you’ve been in a car accident, whether you were at-fault or not:
Get Medical Attention. If you or anyone else has been injured, it’s crucialto get immediate medical attention. Statistics have shown that recovery times are drastically reduced if you see a doctor right away.
Call Police. After any accident, you’re going to need an accident report. Local law enforcement typically draft these, and it’s important that you get a copy.
Gather Evidence. Many accidents have witnesses. Be sure to talk to these individuals, and get their contact information. It’s also critical to take pictures of the accident scene. This includes photos of your vehicle and any injuries sustained. Since your injury can heal, it’s important to have photos!
Contact An Experienced Car Accident Lawyer. One of our helpful car accident lawyers can explain what the next steps are. If you contact the insurance companies, you may risk giving them information that they can use against you, if you decide to file a claim. On the other hand, an attorney has a sworn duty to protect your rights, and help you get the best result possible.
Do I Need To Hire A Lawyer When The Other Car Driver Was At Fault?
To file a successful claim, you must prove two things:
You Were Not At-Fault For The Accident.
You Were Injured As A Result Of The Accident.
If it can be determined that the other driver was negligent AND you were injured as a result, you should contact an experienced car accident lawyer as soon as possible. Only an experienced personal injury lawyer can help you get the best result possible from a claim.
A car accident lawyer in Rochester NY will help you build a case, and negotiate with the insurance company’s legal team to make sure you’re fairly compensated for your injuries.
The Rochester car accident lawyers at Cellino & Barnes have recovered over $2-billion for their clients, and have been recognized by many prestigious publications for their work in personal injury law. We consider our team to be some of the best car accident lawyers in Rochester.
Contact us online or call us anytime for a FREE case evaluation.
NEW YORK — Car accidents can cause considerable setbacks, on top of any injuries you’ve suffered. A car accident attorney in Long Island, NY says it’s always important to put your health first. Get medical attention, and call a Long Island car accident lawyer. Once you’ve made those steps, then you can focus on getting your life back on track, and possibly getting a rental car.
More often than not, car repairs can cost a small fortune. If your car was banged-up in a car accident in Long Island, you might be wondering what you need to do to get a rental car and, if the accident wasn’t your fault, who will pay for it?
Common Ways to Get a Rental Car After a Car Crash
The first thing you’ll need is an accident report. This report, usually produced by local police, will explain who was responsible for the crash, and how it happened. Those who weren’t at-fault for the crash have the right to seek compensation for any injuries they suffered, anda rental car. If you hope to exercise this right, you have to take the following steps after the accident:
Get the other driver’s information. This includes their name, address, insurance policy information, and driver’s license number
Collect witness statements and contact information
Photograph the scene of the crash. Include damages to both vehicles, and any visible injuries you’ve suffered as a result
File an accident report. This documents your crash, and will be an important piece of evidence moving forward
Contact a car accident lawyer. Notice we didn’t write “your insurance company.” Insurance companies often take advantage of people who were recently in an accident. Only a personal injury lawyer has a sworn duty to represent your interests. In most cases, this consultation is FREE
If you have injuries that can be prosecuted in court, your lawyer might be able to file an accident claim on your behalf. Even if you just have minor cuts or bruises, an experienced car accident lawyer on Long Island can help you decide what to do next. In some cases, they may advise that you handle this claim with your insurance company in order to cover the cost of repairs, and get a rental car.
The At-Fault Driver’s Insurance Company Pays
If the accident was someone else’s wrongdoing, their insurance company should cover the costs of your rental vehicle. You should also get a comparable vehicle for as long as it takes to repair your car.
Unfortunately, even if there’s clear evidence that the other party caused the crash, their insurance company will likely be hesitant to pay for a rental. If this is the case, you’ll have to try the second method.
Your Own Insurance Company Pays
When the other party’s insurance company refuses to pay for the vehicle rental, your insurance company might cover you if you have rental reimbursement coverage. When your insurance company covers this cost, they may seek reimbursement from the other driver’s insurance company at a later time.
Finally, you might need to front the costs when both insurance providers drag their feet. This can become more problematic when you rely on the insurance companies for reimbursement. If you end up paying for a rental car yourself, keep track of all expenses associated with the rental. Lastly, don’t give up! Stay in touch with your lawyer if you’ve retained one; if not, be sure to regularly check-in with your insurance company to get updates on the status of your claim.
Have You Been Hurt in a New York Car Accident?
The cars that sustain the most damage are usually the tip of the iceberg in a car accident case. Vehicles are replaceable, but the lives inside them aren’t. Often, its these passengers that suffer long-lasting damage, pain, and suffering. If you’ve been hurt in an auto accident, the compassionate team of Long Island car accident lawyers with Cellino & Barnes have over 60 years of experience helping accident victims recover financially, physically, and emotionally from their accidents.
Contact our law firm at any time of day or night for a free consultation. We do not take a fee unless we win your case.
BUFFALO, N.Y. – Your daily driving strategy is always influenced by weather. Car accident attorneys in Buffalo say if it’s a clear and warm day, you’re more relaxed and likely to drive faster. In the cold winter months, you may avoid the roads altogether. Sometimes, the weather may be so bad that local governments may issue driving bans.
We all know the dangers of driving in inclement weather. But, what’s the most dangerous weather to drive in? After living through countless snow storms, the Buffalo car accident lawyers at Cellino & Barnes decided to look at the numbers:
The Eight Most Dangerous Types of Weather for Drivers
8. High Winds. Windy days can make a very uncomfortable commute. In areas with high wind gusts, the weather has been known to ‘push’ vehicles off the roadway, especially larger vehicles like tractor-trailers. Many wind gusts can come out of nowhere, too. You don’t have to be under a tornado warning or hurricane watch to experience damaging winds.
7. Fog. Thick clouds of tiny water droplets suspended in the atmosphere near ground level can drastically reduce visibility for drivers. Fog causes over 25,000 crashes each year on average, according to the U.S. Department of Transportation. It’s important to avoid using high-beams in this weather, as it can obstruct your visibility even more.
6. Wintry Mix. When winter weather rolls into your area, it’s best to stay off the roads! Over 42,000 drivers and passengers are injured each year attempting to navigate through the first snowfall, or slushy roads. In most of these crashes, speed also played a role – so, slow down!
5. Black Ice. The dreaded icy road. If you’ve ever driven over black ice, you know how dangerous it is. What’s worse; you can’t see it until you’re already on top of it. Icy pavement is responsible for 3% of all motor vehicle crashes, and it’s often unavoidable. Car accident attorneys in Buffalo say drivers should slow down when temperatures are cold enough for ice to form.
4. Snow. These cold white flakes of frozen water cause over 200,000 car accidents each winter. In addition, this type of weather is responsible for nearly 55,000 injuries to drivers and passengers every year. Snow is no fun to drive in, and these weather systems can change road conditions in a snap! If you’re caught sliding on a snowy road, pump the breaks! Repeatedly pumping the breaks is a proven method of stopping your vehicle if you’re sliding on snow or ice.
3. Rain. If you think driving in snow is bad, rain is even worse. Heavy rains can drastically reduce your visibility, making it one of the most dangerous weather conditions to be driving in. Unlike snow, every area of the country experiences heavy rains at least a few times each year. These are some of the reasons why over 212,000 people were injured while traveling in rainy weather this past year.
2. Wet Pavement. After a heavy rain, many people mistakenly believe the roads will be safer. Wrong! Rain causes flooding; from minor puddles to major floods that can turn roadways into rivers, driving in these areas can put lives at risk. Making up 15% of all motor vehicle crashes, the stopping distance on wet pavement is much longer than on dry pavement. Many drivers may think it’s okay to drive faster when it’s clear out, but if the roads are still wet, this behavior can easily cause an accident.
1. Clear, Sunny Weather. The most dangerous kind of weather to drive in is the condition drivers fear least: dry, sunny weather. It’s responsible for more than half of all car crashes on U.S. roadways, and there are many reasons why! For starters, there’s more traffic on the roads when the weather is dry and sunny. That alone increases your chances of being in an accident. Similar to how fog, snow and rain can reduce your visibility, the sunshine can do the same thing in a phenomen
on called a “sun glare.” This most often occurs in the early mornings or late afternoons when the sun is near the horizon, blinding drivers heading east or west.
The Buffalo car accident lawyers at Cellino & Barnes say the best tip to avoid an accident in any of these weather conditions is to slow down. Speed limits are relative, and drivers have a responsibility to adjust their driving habits as the weather changes.
What To Do If You’ve Been In An Accident
Weather may influence the way we drive, but it’s never an excuse. Each driver has a duty to always maintain control of their vehicle, no matter what the conditions are like outside.
If you’ve been injured by a negligent driver, remember: they are responsible for your accident, not the weather. Because of their mistake, you may be racking-up expensive medical bills, lost time at work, additional transportation costs, and more.
Cellino & Barnes has helped thousands of car accident victims get compensation to help pay for these costs, and more… and we could help you too! Give us a call any time (day or night), for a FREE case evaluation.
NEW YORK – Distractions for New York drivers are seemingly endless. Busy Brooklyn residents resort to having breakfast, applying makeup, and holding important conversations behind the wheel. Sometimes, those conversations take place via text messages and lead to a car crash.
Texting is strictly forbidden under New York Traffic law, meaning that a distracted driver caught texting could face penalties. In the event that you were hurt due to a distracted driver striking your car, you may hold that driver liable for your accident and related damages.
To ensure all goes smoothly with your car accident case, take these measures as soon as possible after your texting and driving accident in Brooklyn.
Responding to a Texting and Driving Accident
Seek medical care. If you were hurt because of an accident, it’s important to establish a medical record. Failing to seek medical care will demonstrate to the liable party’s insurance company that the effects of the accident were negligible. Keeping all your medical records will serve as proof of your medical bills, which are among the easiest damages to prove in a car accident case.
Get a copy of the police report. The police report will contain critical information about the other driver, including his or her:
As well as:
Names and contact information of any witnesses
Whether the driver received a citation for the accident
Obtain witness statements.Car accident victims in Brooklyn must be able to prove that the liable party caused the accident. In a texting while driving accident case, it is necessary to prove the other driver drove distractedly the time leading up to the crash. One way to do this is to secure written statements from witnesses who observed the accident. The sooner they can jot down their recollection of the events that unfolded, the more accurate their statements will be. These statements will provide vital support for your claim.
Alert the prosecutor that you were hurt. A driver ticketed for texting and driving may hire a lawyer to plea the ticket down to a lesser offense. You can ensure the other driver is held accountable for texting and driving by notifying the prosecutor that the accident he or she caused led to your injuries.
Hire an accident attorney in Brooklyn to deal with the other driver’s insurance company. Representatives from the liable party’s insurance company will likely contact you soon after the accident to seek information that they can use to reduce your settlement. While you are recovering from your injuries, it’s best to allow a competent and experienced lawyer take over all interactions with insurers.
Brooklyn Accident Lawyers Help Victims of Texting and Driving
NEW YORK – The fact that millions of car accidents take place each year might make us feel like there is nothing we can do to avoid accidents; yet, statistics like these should push us to try even harder to improve our driving skills and pay more attention to the road. Car accident lawyers in Manhattan say if we all drove like we did during our driver’s test, we could see a significant reduction in fatal traffic accidents in New York City and New Jersey.
Here are the Top Four Behaviors That Could Help Avoid A Crash:
According to car accident lawyers in Manhattan, Distracted driving is one of the top driving behaviors contributing to traffic incidents and fatalities. In 2015, the National Highway Traffic Safety Administration (NHTSA) discovered that 10% of all fatal crashes and 15% of all injury crashes, and a total of 14% of all reported motor vehicle traffic crashes, involved driver distractions. In body counts, there were 3,477 people killed and an estimated additional 391,000 injured in crashes involving distracted drivers.
Distractions to put down:
Objects in the backseat
2. Regard All Traffic Laws
This one should be a given, particularly for anyone hoping to avoid a traffic ticket. If you abide by all traffic laws, you can protect yourself and others.
Reduce your risk of careless driving by:
Watching your speed
Using turn signals
Regarding road signs
Keeping a safe following distance
Activating headlights in poor visibility
3. Drive Defensively
Driving defensively requires that you pay attention to the behavior of others on the road. For fractions of a second, notice how those around you are driving. If you see a person swerving in and out of lanes due to driving while texting, keep your distance. Look a bit further ahead every now and then to look for signs of sudden braking or other hazards.
Other techniques include:
Driving with both hands on the steering wheel
Being aware of your blind spots
When you drive defensively, you position yourself to react appropriately to unexpected hazards, thus avoiding a crash.
4. Keep Up with Vehicle Maintenance
When was the last time you scheduled an oil change or replaced your tires? If it seems like a long time ago, it may be time to take your car back to the shop. New tires and brakes are crucial in providing the power you need to avoid crashing into cars making sudden stops. Regular maintenance ensures your vehicle works as the manufacturer intended.
Reliable Car Accident Lawyers in Manhattan
At Cellino & Barnes, we understand that not every accident can be avoided. Our car accident lawyers in Manhattan will guide you through every step of the personal injury claims process to help you recover the compensation you deserve for your injuries, lost wages, pain and suffering, and more.
ROCHESTER, N.Y. – No one looks forward to the communicating with insurance companies and doctors after a car accident in Rochester. Unfortunately, anyone who endures severe injuries due to another driver’s negligence must make some effort to recover the funds he or she needs to cover the expenses such injuries incur.
Many people who consider filing a claim after a car accident wonder just how long their claim might take? The reality is that it can take anywhere between several months or weeks to see the necessary funds; and in particularly complicated cases, it may even take years. If you’ve been hurt in a car accident, the sooner you talk to an experienced Rochester car accident lawyer the quicker you can receive the funds owed to you.
Factors That Might Affect the Length of Your Case
Many different aspects of your case affect how long it will take to resolve. A few of the biggest influences include:
Whether your injuries are obvious or commonplace. Your doctor may take a while to realize the extent of your injuries and accurately estimate the recovery period and treatments you will need to heal. Your attorney needs this critical information to outline damages. Your Rochester personal injury lawyer may not proceed until he receives this information.
Whether your insurance company questions your injuries. Your insurance company may have several questions about your injuries that can stall your claim for weeks or months. If any of your injuries involve whiplash, soft tissue injuries, or chronic pain, it may take your insurance company a longer time to process the claim. Likely, your insurer will want to conduct their own investigation of your case because many fraudulent claims are based on these conditions, which are more difficult to prove than other ailments.
Whether you need to take your case to court. The majority of accident cases in Rochester never step into a courtroom; however, if your insurance company unfairly compensated you or denied your claim, you may need to take legal action that will drag out the process.
It may take longer than you would like to receive the just compensation you deserve in the wake of your accident. Although you can’t control how long you will wait for the funds you need to pay off your medical bills, lost wages, property damage, and other costs, you can choose to pick up the phone right now and call a determined auto accident lawyer in Rochester to help you overcome the obstacles that lie ahead. At Cellino & Barnes, we’re ready to help you at any time.
NEW YORK – In no-fault auto insurance states like New York, a person hurt in a car accident must meet a threshold called the “serious injury” threshold to circumvent the limitations of his own auto insurance policy. The serious injury threshold allows injured parties to file a liability claim or lawsuit against at-fault parties for damages they would otherwise be incapable of receiving through their insurance policy. If you’ve been seriously hurt in an auto accident in Queens, you might be wondering if your injuries are severe enough to meet this threshold. Let’s find out.
Understanding No-Fault Auto Insurance
Drivers and passengers injured in a car accident in a no-fault state must first report their injuries to their insurance companies. They must turn to their policies first to receive reimbursement for medical expenses and lost wages. In New York, the maximum compensation a person can recover in a car accident case is $50,000. If damages exceed that, drivers can step outside the no-fault system to receive additional funds.
In no-fault states, it’s very difficult to seek compensation for other damages, such as property damage or pain and suffering unless the injured party is eligible to file a claim against the at-fault party or a personal injury lawsuit. This is only possible when the accident resulted in a serious injury.
What does New York’s no-fault system cover?
New York’s no-fault system reimburses car accident victims for the following:
All medical bills, including the cost of psychiatric treatment and physical therapy
Lost earnings of up to $2,000 per month for up to 3 years
Up to $25 per day for up to 1 year for other accident-related expenses
Understandably, those who suffer severe harm may not meet their needs with this coverage. Those with serious injuries may recover more losses from the at-fault party.
What counts as a serious injury?
By New York State law, a serious injury is defined as one which results in death, dismemberment, significant disfigurement, loss of a fetus, the permanent loss or use of a body organ or function or system, or a non-permanent and medically determined injury or impairment which prevents the injured party from conducting his or her daily activities for not less than 90 days during the 180 days immediately following the injury or impairment.
To determine whether your injuries may qualify for additional compensation, talk to an experienced car accident lawyer in Queens about your case. It’s crucial to seek representation against the insurance company or the attorney representing the at-fault driver to argue that your injuries qualify.
NEW YORK – Roadways in Queens are designed to be used by everyone — motorists, cyclists, pedestrians, and anyone else who needs to get around. Everyone shares the responsibility to follow road rules, yet the people operating the heaviest machinery like cars and trucks must pay closer attention to everyone else sharing the road.
Although there are laws dictating the rules of the road for each type of user, accidents are a common occurrence. Distractions like cell phones, food, and even passengers lure drivers’ eyes away from the road. Unfortunately, pedestrians involved in car accidents suffer the most, even in low-speed collisions.
How to Find a Quality Pedestrian Accident Lawyer in Queens
Pedestrian accident cases are fairly common in and around New York City. In Queens, a large percentage of residents travel on foot; therefore, the odds of becoming injured and requiring the services of a quality accident lawyer are high. If you’ve been injured in a pedestrian accident, these tips might help you find the best lawyer for your case.
Find a lawyer who has handled cases similar to yours. In most instances, personal injury lawyers who dedicate a large portion of their practice to car accidents are qualified to handle pedestrian accidents. When researching personal injury lawyers in Queens, be sure to ask if they have successfully recovered compensation on behalf of pedestrians, and review some of their case results.
Seek recommendations from friends and family. It is not only possible but likely that someone in your social circle has been involved in a motor vehicle accident at some point in her life. Don’t hesitate to ask for referrals and find out what your friend liked best about her attorney.
Scour lawyer directories. Lawyer directories can sometimes provide comprehensive profiles that show each attorney’s biography, focus, helpful information, and even testimonials from previous clients that can help you get a feel for his or her practice. At the very least, these directories should provide contact information and a link to the attorney’s website so you can learn more.
Search online for pedestrian accident lawyers in Queens. A good place to get started is a Google search. While you will likely see dozens of results, review each website’s information and make a shortlist of a handful of attorneys you’d like to meet in person for a free consultation.
At Cellino & Barnes, we frequently assist pedestrians in getting the compensation they need from the entities responsible for hurting them. Our attorneys focus on providing aggressive representation for injured parties, so that they may receive the reward they deserve to move on with their lives after a severe accident. Schedule a free consultation to discover why our team is an ideal choice for resolving your Queens personal injury case.
Cellino & Barnes (800) 888-8888
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