Tip: How to take information after a collision

The NYPD will no longer be responding to scene of an auto collision that they consider to be property damage only. This means those who sustain injuries that do not require immediate hospitalization or suffer only property damage as a result of a collision are on their own. Here are some tips that can help you protect yourself:

– Take a picture of the other driver’s license, registration and plate number. Pictures ensure that you do not get a number wrong while writing it down, which can happen when you have been shaken up by a collision.

–  Take down the time of the incident.

– Take down the location of the incident, including the roadway you are on and the closest intersecting street. You can also take down the address of the nearest home or business.

– Take pictures of the property damage to both vehicles.

Then, when you get home, call Ardito Law Firm, P.C. and we will take care of the rest!  Remember, help is always just a phone call away!

 

Tip: Medical treatment…Who gets the bill?

When you are injured, your health should be your top priority. Unfortunately, the doctor you see may give the medical bills a slightly higher priority. The fact is, unless it is a true medical emergency, doctors will want your insurance information. Please remember, in the case of a New York auto collision, the car you are in will be paying the bills, or if you are a pedestrian, the car that hit you. This is referred to as no-fault insurance. If you are a client of Ardito Law Firm, all you need to do is call us, and then tell the doctor that your attorney will be providing the information shortly. If you do not have the opportunity to do this, make sure you tell the medical provider that they will be billing No-Fault insurance. They may require you to fill out various “no-fault forms”, and that is OK.   If they bill Medicare, Medicaid, or certain employer funded insurance plans instead, these providers may seek to recover their payments from settlement proceeds otherwise payable to you.

Working through the maze of insurance issues is not easy. That is why Ardito Law Firm is available to take calls 24/7. Remember, help is just a phone call away!

516 531-7007

There are 2 basic types of “hit and run” situations.  First is a situation where you are unable to identify the vehicle before it leaves the scene. In this instance it is vital that you report the incident to the police within 24 hours. As long as you do this, you will be covered by your own vehicle insurance or that of a relative in your household (even if you were a pedestrian). If there is no vehicle in your household, you can apply for coverage form NYS. However, due to cell phones, security cameras and other technology, it is much more difficult for “hit and run” driver to flee the scene undetected.  In a case where you get a license plate or other identifying information, you should still call the police. Leaving the scene of a collision with injuries is a crime, and the police will take the appropriate action, likely finding this person for you. If the police fail to do so, never fear, we are here. We can run the plates and will not hesitate to hold them responsible for what they have done.

 

As always, help is just a phone call away. Call us at (516) 531-7007.

The nature of being a personal injury lawyer means that my clients are all going through a difficult time. Whether it be injury or the loss of a loved one, it can be overwhelming, and the thought of starting the legal process may seem like an additional burden to bear. However, the goal of a good attorney is to help shoulder this burden and handle the obligations that are created by the unfortunate event. While the doctors ease your pain, it is our job to ease your mind.

Please remember, help is just a phone call away!

Tip:

While the NY Vehicle and Traffic law does not require that adults in rear car seats wear a seat belt, physics does!  Passengers in a vehicle who are not wearing a seat belt can become projectiles during a crash, causing them to be ejected through windows or injure other occupants of the vehicle.

And even though an unbelted rear seat passenger cannot be ticketed, there are still legal consequences. A jury may consider whether a seat belt could have prevented the injuries to a rear seat passenger when deciding of they are entitled to damages, and may deny them a recovery on that basis.

So in the immortal words of Sgt Phil: Let’s be careful out there!!

Tip:

With all the extreme weather we have been having, I thought I would post some tips for staying safe in the rain:

• Keep fresh wipers on your car! The better they are, the better you will be able to see the road, so it is always worth the expense and effort.
• Not only is it possible to slide on pavement due to the rain, but your brakes may lose stopping power when wet. Leave extra distance between you and the car in front of yours!
• “Black” ice actually refers to substances (such as engine oil) on the roadway that may not be visible, but that create a slippery condition. When it rains, especially after a long dry spell, these conditions become even more dangerous. While your “all-terrain” tires may help with the rain, they are much less likely to be effective against this slippery hazard. Another good reason to take it slow!
• Most people know to slow down when approaching a large pool of water caused by rain, which is always a good idea to avoid hydroplaning. However, it is important to remember that your brakes may be affected after being submerged, even more than they were by just being wet. Gently test them after you are on the other side of the water and pull over if you detect a problem.
• Try to stay out of the left lane on highways, where a car traveling in the opposite direction could send a wave of water into your windshield that affects your visibility. Try traveling in the middle lane when available, which will help you avoid those big pools of water that could cause other issues.

Stay safe!

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As I mentioned in my last post, pain from auto collisions tends to get worse in the days following the incident.  The effects of “soft tissue” injures such as herniated and bulging discs may not manifest themselves for days or even weeks, but have life-long consequences. Some insurance companies have been taking advantage of this by offering potential claimants who have recently involved in collisions small sums of money for a release of their “bodily injury” claim. If they do make an offer, the insurance company will likely express a sense of urgency in taking the money. We strongly advise against accepting these offers. Although it is possible to fight the release of your claim, a Court may hold you to the “deal”.  As the saying goes, patience is the companion of wisdom!

When considering a personal injury lawsuit, the most important piece of evidence is YOU! In order to show damages in Court, we rely on the medical evaluations of health care providers as evidence of your injuries. Pain from auto collisions tend to get worse in the days following the incident. Instead of sitting home in pain hoping they go away, get to a doctor. It will be good for your health and your case!

I hope you enjoyed part one of our post. Here are some more tips that can help you protect your rights if you find yourself in situation where legal action may be necessary:

• 1. If you are injured while at a business or in a building, it is NOT necessary to fill out a report with management or an employee to preserve your claim. Instead, do your own investigation. For example, take pictures and get the contact information of witnesses and the employees on duty.
• 2. If you are injured by a foreign object in your food or other product, take pictures and save the whole item. If it is perishable, take pictures of the item in its original condition and save the foreign object.
• 3. Sometimes, conversations can be valuable evidence in your case. You can record YOUR OWN phone calls and conversations in New York without consent from another party as long as you are one of the parties. This is known as “one party consent.” However, this may not apply if all the parties are not in New York at the time of the conversation.
• 4. If you are injured in an elevator, write down or photograph any identifying letters or numbers for the elevator car you were in at the time of your injury so that a proper investigation can be done as soon as possible.
• 5. Save your pay stubs. These can be very useful for establishing the amount of a lost wage claim after an injury and provide proof of unfair wage practices where you feel you have not been paid what the law requires. This information can become difficult to get if you do not return to work after an injury or if you are fired.

Always remember, help is a phone call away!

It is no surprise that when a legal claim is brought, the negligent party will often try to escape responsibility for their wrongdoing. I have been fortunate enough to have many clients who have acted swiftly and preserved valuable evidence long before they even called Ardito Law Firm, PC. Here are some tips to help you do the same if you find yourself in situation where legal action may be necessary:

1. Take pictures, especially for conditions that change quickly. Some examples are defective walkways or roadways and the scene of an auto accident.

2. Save text messages that are relevant to your case. If you delete them, you may not be able to get them back until after a court case is filed. This is because many cell phone providers require a subpoena before they will give you a copy. In cases where the text is an important part of your law suit, having your messages available before the case starts can be necessary in order to evaluate your claim.

3. DO NOT send defective products back to the manufacturer! Many times the manufacturer will ask you to return a defective product to the company so they can review the claim. However, if they refuse to pay a fair settlement, it is unlikely that they will return the item to you. Even if it is returned, it will probably not be in the same condition and lose much or all of its value as evidence.

4. DO NOT repair or remove damaged parts from your car before the insurance companies can inspect it. If they do not get a chance to inspect the original damage to the vehicle, your claim may be denied. Also, the damage to the vehicle can provide valuable information about how the accident occurred.

5. Finally, DO NOT give statements over the phone to any insurance company, including your own. Call us right away to assist you with this. Remember that many deadlines are imposed by law, so call as soon as you can do it safely and after you have received medical attention.

Stay tuned for part 2 of Evidence For Everyone next week. As always, help is a phone call away.