How to Force an Auto Insurer to Respond to Your Claim

When you’ve just had a serious car accident, you expect your insurance company to be on your side. You pay for the security that, when disaster strikes, you won’t be the one paying for it. It wasn’t your fault, and you’re suffering for it. You should receive compensation. Unfortunately, you’re not hearing back from your insurance company. Your adjuster is refusing to respond, leaving you without answers and with limited time to file. Continue reading to learn more about how to force an auto insurer to respond to your claim.

Writing a Demand Letter

Your first option for getting an insurer to respond is to write a demand letter for your settlement. This letter informs them of your accident, how much you’re owed, and all the damages you’ve suffered. This letter provides specific details about the suffering you’ve experienced and why you should be compensated. It’s important to show them that you know what your settlement is worth. This demand letter outlines the total value of your claim, and explains that you’re ready to take action if you don’t receive what you should for your suffering. In many cases, the insurance company might be more willing to respond when you show that you’re knowledgeable about your claim and what your rightful compensation should be.

Take Your Claim to Court

Unfortunately, this tactic doesn’t always work. The insurer might still be unwilling to discuss your claim or the compensation you’re owed. In these cases, we recommend that you fight back by taking your claim to civil court. In court, you’ll be able to sue for the full amount you’re owed. You’ll need to file within two years of the accident, and once you’ve filed, you can fight for the full compensation you deserve. Although it may seem easier to work with your insurance company, you might find that it simply isn’t always an option. Keep in mind, however, that the insurer isn’t going to go to court without a fight. You could be accused of being partially responsible for the accident, which can reduce the amount of compensation you receive. For example, if you’re found to be 20 percent at fault for the accident, and you don’t dispute this accusation, you might only receive 80 percent of your total compensation, which can translate to thousands of dollars that you need for your recovery.

Seek an Attorney’s Guidance

When you’re struggling to get your compensation, you’ll need an attorney on your side to help you fight back and get the maximum funds you deserve. It’s tough to fight back alone, especially when it seems that your own insurer isn’t listening to you. Fortunately, you have options to recover your damages. If your auto insurer isn’t responding to your claim, speak to a lawyer at Greenstein & Milbauer, LLP. A New York car accident lawyer from our firm can help you select the best approach, beginning with a free consultation. When you’re ready to begin, give us a call at 1-800-VICTIM2 (842-8462) or visit our website for more information.

Single-Car Accident? Someone Else May Be at Fault

When a car accident happens, you can typically guarantee that the other driver is at least partially responsible. But, what about a single-car accident? Is it possible that someone else could be at fault?

Although you might have been the only car involved in the crash, you may need to speak to a lawyer about the details of your accident. In some cases, someone else could have indirectly caused your injuries through careless or negligent actions.

If that’s the case, you’ll have the opportunity to file a civil claim against the responsible person or persons to secure the compensation you deserve for your damages.

Suing a Government Agency

When a motor vehicle accident is caused by dangerous road hazards, the New York City Department of Transportation (NYC DOT) could be to blame. This government agency is responsible for ensuring the safety and upkeep of public roads.

For example, a large pothole should be filled in immediately once NYC DOT has been informed of the damage to the road. If it’s not, hitting the pothole could damage your car enough to make you lose control, causing a crash.

Even poor road design can cause an auto wreck. If water is allowed to pool on the roadways due to poor design, your car might hydroplane, which can cause serious injuries to you and extensive damage to your vehicle.  

Suing a government agency isn’t easy, however. Because the government has certain protections in place, you’ll have less time and more restrictions to your claim. For example, the statute of limitations for government injury claims is just 90 days from the date of the accident. Speak to your lawyer about acting as soon as possible to secure your rightful compensation.

Manufacturers May Be to Blame

In some cases, the fault might rest in the car itself. If you were driving along when your brakes went out, or something malfunctioned and caused you to lose control of your car, that certainly wasn’t your fault. Instead, it could be the fault of the manufacturer, who should have checked the parts for design flaws.

Manufacturers are liable for any negligence on their part. If they build something unsafe, and someone gets hurt, they’re responsible for any related losses.

Alternatively, it could be the mechanic who worked on the brakes, or who might have installed a part improperly. In either case, you weren’t the one who caused your accident, and you shouldn’t be the one stuck paying for the damages.

A New York City Lawyer Can Help You Determine Fault

When an accident happens, knowing who’s responsible for your pain and suffering is important. You’ll need to know who caused the accident and how to get your compensation from them. But, what if it was a single-car accident?

If you were the only vehicle involved in your crash, you might not be liable for causing the accident. But, if you’re not familiar with what to look for and which type of evidence you’ll need, you might not know how to prove your lack of fault. An experienced New York car accident lawyer can help you determine fault and identify the responsible parties to secure the compensation you need.

If you believe someone else caused your accident, but you’re not sure where to turn, speak to a lawyer from Greenstein & Milbauer, LLP. We’ll start with a free consultation to discuss the details of your wreck and explain how we can help.

Getting started is easy. To speak with our attorneys, simply reach out by calling 1-800-VICTIM2 (842-8462) or by completing the online form below.

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Auto Insurance Denied My Accident Claim. What’s Next?

When you’ve been involved in a car accident, getting a settlement will be key to recovering from the injuries you’ve suffered and paying for the repairs you need. Unfortunately, it’s not always so easy to obtain that settlement. Even when the other driver was inarguably at fault, you might find obstacles arising between you and your funds.

For example, your auto insurance denied your accident claim. What’s next? For New York victims of car accidents, your next step will be to contact a lawyer for help. They will have the necessary knowledge and resources to combat a denial, and then work diligently to get the total compensation you deserve.

Filing Your Insurance Claim

When you’re seeking a settlement for your accident, who you file with matters. New York is a no-fault state, which means that your insurance company should cover the expenses for your car crash, no matter who’s at fault.

This means you’ll need to file a claim with your insurance company and let their representatives seek compensation from the other company. Or, you’ll file a third-party claim. Both of these scenarios can be  difficult to manage on your own.

When you file with your insurance company, you’ll need to watch what you say on the scene, or later during phone or in-person statements. Make sure that you haven’t said anything that would put you at fault, which might put your insurer’s chance at subrogation at risk.

Filing a third-party claim can be difficult. You’re not that insurance provider’s client, and they might be less willing to work with you for your compensation. Insurance providers are for-profit companies, so they likely prioritize profits over your recovery. If you’ve spoken to both insurance companies and are still having difficulty achieving a positive outcome, reach out to a qualified car wreck attorney.

You Can Fight Back

If you’ve been denied by the insurer, you’ll need to file a claim against the responsible driver to get your full compensation—a lawyer can help. Fighting for your compensation can be difficult, especially if the defendant argues that you were partially at fault.

New York law makes it possible to place part of the fault on both parties, as accidents where only one driver made a mistake are rare. That means your compensation could be reduced based on the amount of fault you’re found responsible for. For example, you might be found 15 percent at fault, and that means you’ll only receive 85 percent of your full compensation.

Contributory negligence can make recovery difficult. Those are funds that should be allocated toward your recovery, so you’ll need to fight back to protect the full value of your claim. Fortunately, that’s where a lawyer can step in.

Get Help Obtaining Compensation

When your auto insurance company denies your accident, you might be left wondering, “What’s next?” Unfortunately, when this is coupled with severe injuries and trauma, it can be overwhelming to stack an injury claim on top of that. That’s where an experienced attorney from Greenstein & Milbauer, LLP steps in.

A highly trained car accident lawyer can help you recover when you’re not sure where to turn. If you’ve been denied a settlement from your insurance provider, filing a civil claim can get you the full compensation you deserve. Start with a free consultation today, where we’ll go over your denial and explain how we we’ll move forward before you sign anything.

When you’re ready to fight for the compensation you need for recovery, reach out to our lawyers. Give us a call at 1-800-VICTIM2 (842-8462) or fill out the online form below to begin.

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Do I Have to Report a Car Accident in New York?

The aftermath of a car accident—even a minor one—can be chaotic and confusing. You might be on your way to work or an appointment, and this delay could ruin your day. If the accident wasn’t the serious, you don’t have to report it, right? Unfortunately, that’s not always the case. Many drivers might be unsure whether they should report their car accident, but not reporting your wreck could come with serious consequences. Although some accidents might be too minor to report, it’s important to stay informed of when you should report and how the reporting process works. An experienced car accident attorney can help.

When to Report a Car Accident

In many cases, it will be necessary to file a report. But, what’s the threshold for reporting an accident, and when do you need to get the police involved? If you were involved in a minor fender bender with no injuries, there’s a chance that you might not need to contact the police at all. You could simply exchange contact and insurance information with the other driver. Then, they can file a claim with their insurance company and get any repairs handled quickly. But, if your accident meets any of the following criteria, you need to report the accident and, in many cases, contact the police:

• Someone is injured in the accident
• The damages are greater than $1,000
• Someone was killed in the accident
• A parked vehicle is damaged without an owner present
• A domestic animal is injured without an owner present

The Accident Reporting Process  

Although your insurance company will need to know about the accident, that’s not the only report you’ll need to file. In any of the above examples, you’ll need to notify the New York DMV within 10 days, using a Report of a Motor Vehicle Accident form. If you wait longer than 10 days, you could face serious penalties, including license suspension. If you don’t file a report and leave the scene of the accident, you could be arrested for a hit-and-run, further complicating your situation and likely increasing the total cost of the accident. If you’re involved in an accident, remain on the scene and file your claim as soon as possible.

Getting Help After a Car Accident

Car crashes can happen at any time, and even a little fender bender can ruin your day. But, does that accident need to be reported? Maybe you have been hit by another driver and they didn’t give you their information or left the scene immediately. What should you do then? Fortunately, a NYC car accident lawyer from Greenstein & Milbauer, LLP can help with car accident complications. If you’re concerned about the aftermath of your crash, including where to report the accident or how to file for your compensation, our attorneys can guide you through the process. If you’ve been involved in a car crash and aren’t sure what to do next, reach out for help, starting with a free consultation. Call us at 1-800-VICTIM2 (842-8462) or visit us online for more information.

What Can Stop a Personal Injury Claim from Settling?

If you’ve been injured by another’s reckless or negligent actions, your top priority is recovering. This means settling your injury claim as soon as possible. Unfortunately, this process isn’t always so simple, which leaves you wondering, “What can stop a personal injury claim from settling?”

Unfortunately, there are a few reasons, which could mean your personal injury claim will need to go to court. If you’re concerned that your claim won’t be handled simply, seek out an experienced lawyer from Greenstein & Milbauer, LLP. Our attorneys will fight for your compensation, even when the other side is balking on the settlement.

When Your Insurer Won’t Settle

Unfortunately, a major obstacle that many injured people run into is their own insurance company, especially in the case of car accidents. Although New York has no-fault laws—meaning that your insurance will cover your damages regardless of fault—the insurer might not be so willing to settle.

Insurance companies are for-profit businesses, and those profits will likely take priority over your settlement. In order to reduce losses, your insurance provider might lowball your settlement, for example, claiming that the amount is the maximum available. If this has happened to you, you might need to take your insurer to court for the full compensation you deserve.

In other cases, however, a lack of a settlement might be due to the severity of your injuries. If you suffered more than $50,000 of damages, or a serious injury, such as a permanent impairment, you could be entitled to a personal injury claim for the full worth of your compensation.

When the Other Party Blames You

Sometimes, it’s not the insurance company that prevents you from settling. In some cases, the other party might claim that they weren’t at fault. Worse, they might blame you. For example, if you were injured on another person’s property, they might claim you weren’t acting with reasonable care, or they might say the injury didn’t happen on their property at all.

New York recognizes comparative negligence, which means that your compensation could be reduced if you’re found even partially at fault. When this happens, you’ll need to fight back for your full compensation. Having a personal injury lawyer on your side can be invaluable in these cases.

File a Claim When They Won’t Settle

Unfortunately, not every claim is as simple as reporting your injury and receiving a settlement from the insurer or other party. Although settling out of court is preferable, you might need to fight back for your compensation in court.

What can stop a personal injury claim from settling? Often the insurance company is looking to reduce costs, and will try to reduce the settlement amount or even avoid paying it at all. That’s where a lawyer from Greenstein & Milbauer, LLP can help.

Our experienced attorneys can help you fight back when an insurance provider won’t settle, starting with a free consultation to review your claim before you file or sign anything. Get started by calling 1-800-VICTIM2 (842-8462) or by completing the online form below

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How to Determine Fault in a Construction Accident

Whether you’re working in a construction zone or just passing through, there’s always a chance of injury. These zones are dangerous, and if you needed to work in one or walk past or through one, you could have suffered a severe injury. The heavy machinery and use of chemicals alone can be lethal.

Once a construction injury happens, you could receive compensation for your accident; but who’s responsible for the injuries? Knowing how to determine fault in a construction accident is a vital part of getting your compensation, so be sure you’ve found the liable party before you begin. A personal injury attorney can make sure you have the right person, to make the process as smooth as possible.

When an Employer Is Liable

Your first thought might be that the employee who caused the accident is responsible. They were the ones who injured you, so they should be the ones to pay for it, right? Unfortunately, it might not be so simple. Instead, you may need to look at the employer for your compensation.

When we’re at work and we’re acting within the scope of our jobs, our employer is responsible for our actions. That’s why, if you’re injured on the job, your employer is often responsible for your injuries.

As such, when a construction company’s employees are doing their jobs and that injures someone, the company is liable for the damages.  In this case, you may need to contact an attorney to determine the company or employer responsible for the employee and their actions.

A Third Party May Be Responsible

But what if an employee of the site wasn’t the one who caused the accident? For example, if a driver passing through the construction site causes your injury, the person who caused your injuries might be the one responsible for your damages.

If you’re injured because of someone working for a third party, that same employer might not be the one responsible for the injuries. Your accident might have been caused because one of the third parties involved in the construction site created unsafe conditions.

If you’re not sure what third party or employer is responsible, a lawyer can help to determine fault in your construction accident. We’ll investigate your claim and find the person responsible so that you can act within the three-year time limit for construction injuries.

An Attorney Can Determine Fault

Dealing with the pain of a construction accident is tough, and worse, you might not know who’s responsible for those injuries. Fortunately, a lawyer can help when you’re unsure how to determine fault in a construction accident.

If you’re struggling to find the responsible party for your construction accident injuries, reach out to the lawyers at Greenstein & Milbauer, LLP. Our attorneys can help you determine who’s responsible for your claim so you can get the compensation you need as soon as possible.

Not sure where to begin with your case? Get started with a free consultation from our personal injury attorneys. We’ll review your claim and show you what we can do to make your claim succeed, before you pay anything. To get started, just give us a call at 1-800-VICTIM2 (842-8462) or complete the following online form.

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Avoiding Aggressive Drivers

Most people have been a little grouchy behind the wheel, and for some people, that makes them careless or reckless. When someone drives angry, however, and they act aggressively toward other drivers, there’s a chance for disaster. When you encounter an aggressive driver, you want to do everything in your power to avoid an accident. That can be tough, since an aggressive driver might be going at high speeds and can be easy to provoke. By following these tips, however, you might be able to avoid a crash and protect yourself from harm.  

Take It Slow

First, you’ll want to do everything in your power not to escalate the situation. Aggressive drivers are usually angry and not considering the safety of those around them, which can endanger you. As such, you’ll want to avoid eye contact and get away from them. But speeding up can make the situation worse. They may take this as aggressive and try to keep pace with you. Instead, slow down or pull over to an exit or business. This gives them time to move further away from you, and it lowers the chance of a high-speed crash. Often, a dangerous situation on the road can be avoided by taking it slow. When you put some distance between yourself and the aggressive driver, you can avoid the serious consequences that come with an accident.

Call for Help

Unfortunately, the aggressive driver might not leave you alone once you’ve slowed down and let them pass or put distance between your car and theirs. If they’re pursuing you or still driving dangerously, your next step might be to call the police. If you feel that you’re endangered, call 911. While many of us see emergency services as the people to call when an accident has already happened, they can get a police officer to your location quickly. While it may seem like a strong response, a police officer can stop the dangerous driver before a serious accident happens. The aggressive driver’s behavior endangers others, so the officer can help both you and other drivers by putting a stop to it. When an aggressive driver won’t leave you alone, don’t try to stop them on your own. This could lead to a crash, which leaves you in even worse shape. Instead, get help to defuse the situation before it worsens.

Get a Lawyer after an Accident

Unfortunately, you may not have been able to avoid the aggressive driver before they caused an accident, leaving you to deal with the expenses and pain for their mistakes. You’ll need help fighting back when you’re stuck in such a position. Fortunately, even if it’s too late to avoid aggressive drivers, you’ll have a chance to receive the compensation you need. To get compensated, you’ll need a car crash lawyer from Greenstein & Milbauer, LLP to help. If you’ve suffered from an aggressive driver’s actions, get the help you need, starting with a freNYC car accident lawyers. To get started, give us a call at 1-800-VICTIM2 (842-8462) or visit us at our website for more information.