new york car accident lawyer Archives - Hoffmaier & Hoffmaier P.C.

Getting Compensated For An Accident With An Uninsured Motorist In Greenwich Village, NYC

January 20, 2020 By admin

Owning a car or other vehicle in the New York City area always requires one thing if you’re planning to drive it: insurance. Like most states, car insurance is mandatory in the event you have an accident. If you’re leasing or financing your vehicle, you’ll be required to carry comprehension and collision insurance to cover the lienholder’s losses if you’re involved in an accident, as well as repair costs.

Getting Compensated For A Car Accident With An Uninsured Motorist In Greenwich Village, NYC

New York takes care insurance very seriously. Without it, the state can suspend your driver’s license as well as your vehicle registration. There may be additional fines as well. Despite the requirement, many people in Greenwich Village and NYC flout the law and drive without it. It’s fine—until there’s an accident. Then it becomes complicated.

Check Your Own Policy First

It may be a while since you reviewed your car insurance policy. If you’ve been involved in an accident, chances are that’s when you’ll be taking a closer look.

Many policies do have uninsured and underinsured coverage as an extension, but it’s important to check. New York requires policies to include this kind of coverage in order to receive plates and registration. If you don’t have uninsured/underinsured motorist insurance, it’s time to talk to your agent.

Note that this coverage applies only to bodily injury due to an accident in New York State. Damage to your vehicle and other property is not covered.

New York Is A No-Fault State

New York’s No-Fault laws mean that you’ll file a claim with your own insurance company for related injuries no matter who is at fault. The conditions are that:

You’ve registered your vehicle in the State of New York
The vehicle involved in the accident was covered by the policy
The accident occurred in New York

These policies apply only to injuries related to this accident. You may be required to file a claim against the other party to recover expenses for more serious injuries and vehicle damage, including a total loss.

The conundrum is that an uninsured driver probably doesn’t have the resources to pay for an insurance policy, much less cover your claim for injuries and damage. That leaves you leaning on your own insurer for help.

A Note About Insurance Companies And Claims

Many times, you’ve followed the rules and paid your premiums, but you find that your insurance company is balking when it comes to paying your claim. Worse, they may offer you a paltry sum that won’t pay for everything but will settle your claim. It’s entirely possible that the insurer will deny your claim outright, even though you were not at fault and the other driver was uninsured.

If you find yourself in a situation like this, it’s time to get help from a Greenwich Village personal injury attorney.

Other Party an Uninsured Motorist? Let Hoffmaier & Hoffmaier Help

Having an accident in Greenwich Village, or anywhere in New York City, is difficult enough. Finding out the other driver is a uninsured motorist can be even more problematic.

We offer free consultations for any kind of accident. You can talk to someone today at Hoffmaier & Hoffmaier by calling (212) 777-9400, or use our website contact form. As a family-owned NYC personal injury law firm, we have over 26 years of experience helping injured people after a devastating accident. We offer a contingency fee arrangement that means we won’t get paid until you do, whether we settle your case out of court or litigate it in court.

How Are Uber Accident Claims Different In New York City, NY?

May 20, 2019 By admin

An accident in a New York City taxi is one thing, and you can file a claim for compensation against the cab company, which his regulated and the driver licensed. But although rideshare drivers are also licensed in NYC, it’s not the same as taking a taxi.

Woman calling an East Village accident attorney to discuss Uber accident claims in front of the wreck. — Women worried about the situation in which the car crashed. At Roadside After Traffic Accident. She is using the phone to contact for help, and contact with insurance.

We’ve previously discussed what to do if you are in a rideshare accident before. Here, we’ll discuss the claim part of the accident, and what it could mean if you find yourself in one.

What’s The Difference?

Uber rides are usually less expensive than a taxi ride, which is the main draw to using Uber. There’s no cash to change hands, and everything is done through the phone app. But if you’re in an accident, things become complicated.

The biggest question to answer after an accident is who is responsible to pay damages. When you take an Uber ride, your driver is an independent contractor, not a company employee. Although Uber drivers have Taxi & License Commission (TLC) license before driving, a driver isn’t screened the same way taxi drivers are. Uber and Lyft have less regulatory oversight than a taxi company, too.

New York’s “No Fault” Car Insurance Rules

If you drive or own a vehicle in the state of New York, you must carry $50,000 personal injury protection (“PIP”) insurance to cover your own medical claims in the event of an accident, regardless of fault. Only in the case of a serious accident can you sue an at-fault party, and you must be able to prove fault.

Rideshare drivers are also required to have their own ridesharing policy that’s separate from and additional to their personal car insurance. The drivers pay for this insurance themselves, which covers them while they are driving for the rideshare company.

After a rideshare accident, after recovery from injuries, is determining who would be responsible for paying for the accident. The driver? The company? The passenger? Or the other driver who caused the accident, like this crash last summer in NYC?

Will I Need An Attorney For The Claim?

More than likely, yes. Just because the driver has insurance doesn’t mean you’ll have an easy time of it. Both Uber and Lyft are well-known to leave their drivers without a lifeline after they’ve had an accident. Uber’s insurance company, James River Insurance, has a $1m policy for accidents while a driver is carrying a passenger. Like most car accident insurers, they will probably offer you a small settlement to close the case as quickly as possible.

Trying to figure out the responsible party is a long, difficult process. Was the driver “on the clock,” carrying a passenger, or were they en route to pick up their next passenger?

If you’ve been injured in an accident while ridesharing, you’ll need compensation to cover your injuries and other expenses. Insurance companies aren’t willing to fully compensate accident victims. Hiring an Uber accident attorney is the best way to recover for your injuries and other damages, and make sure you get what you need to recover.

Uber Rideshare Gone Wrong? Call Hoffmaier

If you’ve been in an Uber accident and need help, call Hoffmaier & Hoffmaier at (212) 777-9400 or contact us online. As a family-owned personal injury law firm in New York City, we have more than 26 years of experience helping car or other accident victims. Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court.

Who’s at Fault in a Car-Pedestrian Accident?

May 8, 2018 By admin

Whenever we hear about a person getting hit by a car, we automatically assume that the driver was at fault. But that isn’t always the case! Most of us have been taught that the pedestrian always has the right of way, but this is not always legally correct. The pedestrian and driver can be classified as either fully or partially at fault.

pedestrian accident with a car

The responsibility of driving carefully is legally termed the duty of reasonable care or due care. All drivers regardless of age or gender are held to a common standard of what a normal, careful, and sensible person would do in the same set of circumstances. If there is a pedestrian nearby while operating a motor vehicle or it is possible for a pedestrian to be in the area, it is imperative that a driver remain extra vigilant.

In any situation, a normal, careful driver would avoid hitting a pedestrian at all costs. However, if a pedestrian behaves in a way that makes a normal, careful person unable to avoid striking them with their vehicle, the pedestrian then has some fault in the accident. For example, if a pedestrian is intoxicated and runs out into the street at night without using the crosswalk and is struck by a car, the pedestrian is at-fault. If the car swerves to try to avoid hitting the intoxicated person and ends up hitting another vehicle, the pedestrian is at fault for any damages caused by them due to their negligent behavior.

If the driver is fully at fault in the accident, the pedestrian will more than likely be able to receive compensation from the driver for any injuries. When the pedestrian is fully at fault, (s)he will more than likely not receive compensation for any injuries. In fact, the driver can actually sue the pedestrian for any harm done to the car and/or their own injuries!

Most often, both the pedestrian and the driver are each partially at fault. If a pedestrian is jaywalking and a driver is not watching because they are texting, both are breaking the law. What happens when both parties are at fault? While different states have different rules in shared fault incidents, all of the rules are based on two basic legal concepts: comparative negligence and contributory negligence.

Comparative Negligence Versus Contributory Negligence

The most common version among states is a form of the comparative negligence rule that follows the idea of an injured person sharing the fault for causing or contributing to the accident. Under a “pure comparative negligence” rule, the injured person is able to receive compensation from any at-fault party; however, the damages awarded are reduced by the percentage of their share of the fault. In all states, a jury is called on to determine the percentage of fault assigned to each individual. In states that follow the “modified comparative negligence” rule, the injured person can receive compensation from any other at-fault person, but only if the injured person bears less than 50 percent of the blame in the accident.

Contributory negligence is still practiced in Alabama, the District of Columbia, Maryland, and Virginia, but it is not the mainstream practice. The rule is quite rigid in its application because if you as the driver or the pedestrian have any fault in the accident, you are unable to file a liability claim against any other at-fault party. If there is any partial fault, both parties are responsible for their own injuries and damages due to the crash. Both the driver and the pedestrian can file insurance claims, but neither is able to pursue a lawsuit against the other.

Pedestrian accidents are common in many states. The most common car-pedestrian accidents are vehicles that back into pedestrians, vehicles that sideswipe pedestrians when they are on the side of the road, hitting a pedestrian when making a left turn at an intersection, children crossing the road to board a school bus, jaywalking, and pedestrians who are checking their mail. In each of these instances, pedestrian visibility is significantly reduced, and these accidents can be dangerous and often cause serious or life-threatening injuries.

Hoffmaier & Hoffmaier has been helping car-pedestrian accident victims in New York City for over 25 years. For a free evaluation of your case, call us at (212)777-9400. If you or a loved one were the victim of a car-pedestrian accident, we’re ready to help you get the compensation you deserve. If you’ve been injured in a car-pedestrian accident in New York City, call us TODAY.