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Deployed airbags after an accident

Passengers rights in a car accident

Passengers are just as likely to be seriously injured in a car accident as drivers, yet many people are unaware of the rights they have and how they should go about seeking compensation if they are injured while riding as a passenger. Under the law, passengers have the same ability to sue for damages as the driver. In fact, they have even greater rights than the driver as they can seek damages from whichever driver is determined to be at fault, including the driver of the vehicle they were riding in, or both drivers if they are both at fault.Continue Reading

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Man driving while looking at his phone.

Supplemental Spousal Liability Insurance: Is your spouse covered?

If you’ve never heard of Supplemental Spousal Liability Insurance, then you may be unaware of the risk you take every time you drive with your spouse. Many people assume that even if you are found at fault for an accident, your spouse is covered by your own car insurance just as any other passenger would be. That is not the case. In New York State, your spouse can sue you, but the insurance company does not have to defend you or pay the claim for your injuries. This means that if you are at fault for the accident, your spouseContinue Reading

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A person about to check a box that refers to SUM coverage, "Are you insured, yes or no?"

Driver and Family Protection Act…it’s about time!

There is a simple and inexpensive option available on every auto insurance policy that protects you and your family, but many people have never heard of it. It’s so important, that I personally have dedicated my own time to achieving a change in New York State law by joining many of my fellow attorneys on lobbying trips to Albany. I have also written on the subject to raise awareness and pressed our elected officials to take action. I am pleased to say that our voices have been heard and last month New York State passed the Driver and Family ProtectionContinue Reading

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An officer completing a police report at the scene.

A police report is always a good idea

You may at times have wondered whether it’s really necessary to wait for an officer to arrive at the scene of an accident to issue a police report. Perhaps the damage is minor and no one is hurt, so you think it should be enough to exchange license, registration and insurance information. New York State law requires that drivers stop and exchange information at the scene of an accident, but the law goes even further. What are you required to do? Your obligation depends on the circumstances of the accident. If the accident causes only minor property damage, then youContinue Reading

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Comparative Negligence: Their Fault, Your Fault

Comparative Negligence: What happens when they try to blame you for your injury?

In New York State, an accident victim may receive less than 100% of their damages, even if they “win” their case. That is because New York State law allows for a defense called “comparative negligence.” What is Comparative Negligence? New York State is a pure comparative negligence state. That means that if both the plaintiff and defendant contributed to the accident, the court must determine each party’s percentage of fault and award compensation accordingly. This can mean that even if a party is almost entirely at fault for an accident, he may still receive compensation. How does Comparative Negligence work?Continue Reading

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No Fault Insurance

What Does “No Fault” Really Mean for Accident Victims?

Most New York drivers have probably heard the term “no fault” at some point, but based on the calls I receive to my office, I know that this is a term that has led to a lot of confusion.  Here are a few of the common questions I have received. What is no fault? Personal Injury Protection, commonly known as “no fault coverage” is included in every motor vehicle insurance policy sold in New York State.  This applies to drivers and passengers, pedestrians and bicyclists, but specifically excludes motorcyclists.  This coverage provides reimbursement for medical payments, lost wages and otherContinue Reading

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Are you protected from underinsured motorists?

Many people have a gap in their automobile insurance coverage that they are unaware of. Did you know that your own insurance may not cover you for injuries suffered if the other driver is deemed to be at fault?

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A missed chance to right a wrong for many victims of medical malpractice

Did you know that in New York State, by the time you discover that you have been a victim of medical malpractice, it may already be too late to receive compensation? In New York, the statute of limitations for filing a suit against a municipal hospital is 15 months from the date of the malpractice, not the date in which a patient discovers a fatal or life-altering error has been made. Currently, 44 states have a statute which starts the clock ticking on the date that the patient discovers the malpractice, New York is not one of them. What isContinue Reading

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