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BREAKING NEWS

NY Motor Vehicle Accident Victim's Brochure

Jue 21, 2002

Insurance companies spend a lot of money on their advertising campaigns to convince you to purchase insurance from them; however, what you need to know is that State Farm is not your good neighbor and you are most certainly not in good hands with Allstate. Allstate, State Farm as well as most other insurance companies do not really care about you and your family for an insurance company?s main objective is to increase profits through the reduction of pay outs on claims.

I have taken the time to write this brochure as an aide to assist you in dealing with insurance companies, doctors and lawyers. This brochure is by no means complete and most certainly is not meant as a do it yourself manual. It is designed to inform and answer some frequently asked questions.

THE BEST ADVICE I CAN GIVE YOU IS

DO NOT TRUST ANY INSURANCE AGENT OR COMPANY

 

SECOND BEST PIECE OF ADVICE I CAN GIVE YOU:

GET A LAWYER AS SOON AS POSSIBLE!

 

With that said, I have constructed this pamphlet in a Question and Answer format. Should you have any questions, please do not hesitate to call, write or email.

MKRTIAN & BRODERICK

95-20 63rd ROAD, SECOND FLOOR

Rego Park, New York 11374

Phone (718) 830-0700

Fax (718) 504-4198

Email: Info@Lawblaster.com

 

What should I do if I am involved in an accident?

1. First check your medical condition and that of any person in your motor vehicle;

2. Get the other car?s license plate before it can leave the scene of the accident;

3. Check the medical condition of the occupants of the other motor vehicle;

4. Get the names of any witnesses at the scene or any other motor vehicle?s license plate. Do NOT assume that the police got this information;

5. Do NOT say anything at the scene of the accident that might be used against you later such as ?I am sorry.? While it is human nature to say such things - there is no reason to say it if the other driver ran the traffic light or stop sign;

6. Do NOT start a fight or altercation with the occupant(s) of the other motor vehicle - such actions will only lead to further misfortune down the road.

7. Call the police to the scene of the accident and make sure a police report is filed. Do NOT assume the police will get the names of witnesses. If the police do not come to the scene or it is taking an extremely long time for the police to come you must do the following:

A) Exchange information with the other driver which should include:

i. Name, address, date of birth, driver?s license number of the driver and State of issuance;

ii. License Plate Number and State, get the Vehicle Identification Number if possible;

iii. Name and Policy number of the insurance company;

iv. Write a physical description of the person.

 

B) Immediately after the accident, go to the Police Precinct or department where the accident occurred and Report the Accident. MAKE A REPORT. Do not let the officer hand you a form and say mail it to Albany. This will not protect your rights should the other car be uninsured. Your policy contains a provision which states that the accident must be reported to the police within 24 hours.

 

8. If injured, go to the hospital, an emergency trauma center or to a doctor to have your medical condition checked out. If you can not go to the hospital right away, go to a medical provider as soon as possible to have your medical condition checked. In most cases, you DO NOT have to go to a primary care physician as this will be covered by No-Fault Insurance and most likely NOT your own personal health insurance.

 

9. CALL A LAWYER ! Most accident lawyers provide free consultation and will be more than happy to advise you in how to deal with the insurance companies involved and protect your rights - even if it is only a claim for property damage.

 

10. Report the accident to your insurance company or have your lawyer report it for you. You should get the advice of a lawyer before you call any insurance company for your own insurance company may not have your best interest at heart.

 

How much insurance must I carry?

The New York State Insurance Department on its web site answers this question in a very confusing manner stating:

New York State law requires that motorists carry a minimum amount of liability insurance of $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons, and $10,000 for property damage in any one accident. Mandatory "no-fault" coverage of $50,000 is also required. Many motorists carry higher liability limits and additional personal injury protection beyond these minimum benefits required by law. The law also requires all auto insurance policies to provide uninsured motorists coverage (for bodily injury), subject to the same minimums. In addition, SUM (Supplementary Uninsured Motorists) coverage can also be purchased, in amounts up to the bodily injury liability limits of an insured's own policy. An insurer must offer SUM limits of $250,000 per person per accident and $500,000 per accident ($250,000/$500,000) if a person has bodily injury liability limits of that amount or higher. Insurers may offer higher SUM limits if they wish.

 

However, rather than speak in tongues or use ?double speak,? as does the New York State Insurance Department, I suggest that at a minimum you purchase the following:

? Liability - 100/300

? Uninsured/Underinsured 100/300

? Comprehensive - $ 500.00 deductible

? Collision- $ 500.00 deductible

? Rental $ 25.00 per/day

? No-Fault - Basic

 

Why should I purchase the type and/or coverages listed above?

The reason you would want to purchase the limits I suggest is to provide you with adequate protection in the event that you get into an accident. However, if you earn a lot of money or own a home, you may wish to purchase more.

 

The fraction of 100/300 is what is known as or commonly referred to as the face amount of a split limit policy. This means that should you injure someone in a car accident, your insurance company will insure you up to 100,000 dollars for the injuries you caused to any one individual. If you injure 2 or more people in the accident, your insurance company has to provide you with insurance coverage up to 300,000 dollars - with any one person being entitled to a maximum of $ 100,000.00 dollars.

 

Why do I need $ 100,000 dollars worth of coverage when I do not even have $ 10,000 dollars in the bank?

 

The reason you want this coverage is because 100/300 will allow you to purchase matching uninsured and under-insured limits of 100/300.

 

Ok, So what?

 

The ?So what? is that should you now get hit by a car that is uninsured you can now make a claim against your own policy for bodily injuries (pain and suffering) up to an amount of $ 100,000.00 dollars rather than the mere basic limit of $ 25,000.00 dollars. OR, if the car that injures you is only insured to $ 25,000.00 dollars (the minimum insurance in the State of New York), you will now be allowed to make a claim against your own policy for an additional $ 75,000.00 dollars should you have purchased the matching limits. Note: Most insurance companies and agents do not even inform you of this.

 

What is Uninsured Motorist Coverage?

 

Uninsured Motorist Coverage (?UM?) provides you with an avenue for financial recovery for your pain and suffering should the car that your involved in an accident with be uninsured, flee the scene of the accident or become uninsured due to a policy violation by the other driver and/or that motor vehicle?s owner. NOTE, in order to bring a claim under the uninsured motorist endorsement there MUST have been some contact between your motor vehicle and another motor vehicle.

If you have any questions, you should always feel free to contact us.

Home Office
70-20 Austin Street
Suite 111
Forest Hills,NY 11375
Tel. (718) 830-0700
Fax (718) 504-4198

 

 

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