How Can Rosenberg & Gluck, LLP Help With My Traffic Collision Claims?
At Rosenberg & Gluck, LLP, our attorneys have worked with clients on Long Island since 1982. We know how to navigate New York’s complex collision insurance laws and pursue fair compensation for our clients.
We can explain, build, and file claims related to:
- No-fault PIP coverage
- Uninsured and underinsured motorist claims
- Fault-based auto liability insurance claims
Our trial lawyers also take collision cases to trial when necessary to protect our client’s best interests. Depending on the situation, it may be possible and necessary to file a personal injury lawsuit against the driver who caused your collision.
Our team has decades of knowledge and experience handling cases similar to yours. We can answer your questions, address concerns, and navigate this process on your behalf.
In addition, we work based on contingency fees. Our clients appreciate that they can pay us after their case. There is no need for any upfront payments. If we do not recover money for you, there is no fee. You can learn more by meeting with one of our car accident lawyers in a convenient location in Suffolk or Nassau County, on the phone, via video chat, or in another convenient location.
What Damages Can I Recover Through a Long Island Uninsured Motorist Claim?
The compensation you may receive in a collision claim depends on the insurance policies you rely on for coverage. Most crash victims have access to only their PIP policy and do not have severe enough injuries to file a fault-based claim.
When you file a claim with your PIP provider, you can receive benefits for your expenses and losses, including:
- Your related medical expenses up to the policy limits
- Compensation for income losses due to your injuries
- Other related expenses, with limits
When you pursue a fault-based claim or lawsuit, you can seek compensation for additional expenses and losses. This can occur when your expenses exceed your PIP coverage. However, anyone who suffers serious injuries can also pursue non-economic damages in a fault-based case.
Under New York law, serious injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss of an organ, bodily function, or system
- Lasting, consequential limitation of a body part or function
- Any injury that keeps the victim from their usual activities, like daily living and work tasks, at least 90 of the first 180 days after a collision
Liability claims allow victims with serious injuries to pursue non-economic damages, most commonly pain and suffering. Non-economic damages are the intangible losses experienced because of a collision and injuries. They could include reduced quality of life, damage to personal relationships, scarring and disfigurement compensation, physical pain, and emotional suffering. Our team knows how to assign value to these damages and pursue a fair payout for our clients.
In addition to pain and suffering, victims whose expenses exceed their PIP coverage can pursue additional damages through their liability claim or lawsuit, including:
- Medical expenses
- Future medical care and ongoing support costs
- Lost income
- Reduced ability to work
- Other related expenses with receipts
When you file an uninsured motorist claim, the purpose of this coverage is to provide the compensation lacking because the at-fault driver did not have liability insurance. To this end, we seek and recover compensation for our clients in the same way we would a liability claim. We can recover a wide range of expenses and losses through these claims, up to the client’s policy limits.
What Is Uninsured Motorist Coverage?
Long Island uninsured motorist claims generally arise from collisions where the at-fault driver does not have the required minimum auto liability coverage. According to the New York State Department of Motor Vehicles, all drivers must carry minimum insurance coverage to register their cars.
This includes:
- $10,000 for property damage per collision
- $25,000 for bodily injury and $50,000 for the death of one person in a crash
- $50,000 for bodily injury and $100,000 for the death of two or more people in an accident
This coverage pays out when the victims suffer serious injuries, or their expenses exceed the basic coverage provided by their personal injury protection (PIP) policy. When the at-fault driver does not have this required coverage, it places the victim in a difficult position to pay their bills and cover other costs, including compensation for their pain and suffering.
Uninsured motorist coverage may apply when an at-fault driver:
- Has no auto liability insurance
- Does not have enough insurance to meet the state-mandated requirements
- Carries insurance, but their insurer will not approve the victim’s claim
- Leaves the scene of the crash and is not identified
This coverage could also apply when a driver hits a pedestrian or a cyclist.
New York law requires all motorists to carry an uninsured motorist (UM) policy. In addition, many opt to purchase additional supplementary uninsured motorist (SUM) coverage beyond the requirements.
What Happens After a Collision on Long Island?
When you’re in an accident, your first thought might not be, “How do I pay for this?” but it likely comes quickly after addressing your injuries and getting the necessary treatment. New York law offers several ways for crash victims to meet their basic expenses and additional needs for compensation following a collision.
All drivers should be able to quickly seek compensation for their basic needs. However, seeking compensation above and beyond medical care and a portion of your income may be more difficult. We can explain your rights and options based on the circumstances of your case.
Our attorneys help clients pursue fair compensation for their injuries, expenses, and losses to the full extent allowed under New York law. We do not believe you should have to pay for medical care, lost income, or other expenses out of pocket when you are an innocent crash victim. Let us assess your options and offer advice on your next steps. We can represent you in collision cases on Long Island.
Before contacting our firm for your free case review:
- Prioritize your health and get the necessary medical care
- Ask your doctor and other care providers to document all injuries
- Keep all related documents, bills, and receipts
Navigating insurance claims and securing compensation for your losses following a collision on Long Island is rarely easy. Our team of car accident attorneys helps clients sort their options and make the best decisions based on their unique circumstances.
First and foremost, New York law requires no-fault insurance. If you are in a crash, your PIP policy should cover medical bills and a portion of your lost income up to your policy limit. You likely have up to $50,000 in PIP coverage.
All drivers turn to their no-fault coverage following a crash on Long Island. This policy offers the fastest, easiest way to get money to pay your incoming medical bills and make up for missed work.
From there, the New York State Department of Financial Services explains that you may file a fault-based claim or sue the at-fault driver and recover additional compensation if:
- Your economic losses exceed your PIP coverage; or
- You suffer injuries New York law deems serious and want to seek non-economic damages such as pain and suffering
There is no option to file a fault-based liability insurance claim if the other driver does not have the required coverage. However, you may still have additional options for pursuing your remaining damages.
When this occurs, you can still file claims based on:
- Your PIP insurance
- Your UM policy and supplementary coverage, if available
Our collision attorneys serving Long Island can investigate your options and sources of possible financial recovery. We can explain your legal options and offer advice and recommendations based on the facts of your case. Then, we can manage your claims for you. In many cases, with our help, our clients can cover their expenses with PIP, uninsured motorist, and supplemental uninsured coverage.
A personal injury lawsuit may be another option for seeking additional compensation to help cover your non-economic damages and outstanding expenses. This is not possible or advisable in all collision cases, but we may recommend it as an option based on the circumstances in your case.
Deadlines for Legal Action in a Traffic Collision on Long Island
Sometimes, our clients choose to sue the at-fault driver in an uninsured motorist crash. This approach has pros and cons and does not work in every circumstance.
However, it may be a good option when:
- There is not enough compensation available from your PIP and UM coverage
- There is reason to believe the at-fault driver has assets to cover your costs
- The case is strong enough to support a civil lawsuit
In many cases, drivers who do not carry the required auto liability coverage will not have the money or other assets to cover losses victims suffered in a crash. However, there are exceptions. If there is reason to believe we can hold the at-fault driver legally responsible and collect compensation for you, we will not hesitate to sue.
New York law gives victims up to three years to sue in personal injury cases. However, there are exceptions. You may have more or less time based on the facts of your case. Coming in for a free case assessment (as soon as your injuries allow) can ensure we know the deadline in your case and do not miss it.
We need to investigate the crash, sort out the insurance coverage, and determine what actions to take before we can begin to build a case to go to trial. All of this takes time. In addition, we can often uncover stronger evidence to prove negligence and liability when we work on a case soon after the collision.
This could include:
- Video of the collision from nearby cameras
- Eyewitness statements
- Evidence from the crash scene
Some items disappear, wash away, or get destroyed after an accident. For example, security videos from local businesses may last seven to 14 days before they delete them to make room for new recordings. If we do not know about your collision and cannot request this video, it could disappear.
Discuss Your Long Island Uninsured Motorist Claim With Our Attorneys
You can speak to a Long Island injury attorney from Rosenberg & Gluck, LLP for free today. We will assess your options and help you decide the next steps for your case. We can offer advice and guidance and handle all aspects of your claim or lawsuit. We can also help clients in English or Spanish.
Contact us now at (631) 451-7900 for your free case review.
