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Car hit from the back with family inside

New York, NY |

Yesterday we got hit from the rear by a car that turned out from a street and only saw the green light not looking ahead with heavy traffic run straight into our back. My 4 year old got hurt. Her hand got hurt and plastered up until we follow up with a bone specialist. I have back pain and will be seeing therapist soon. My husband the driver said he will be fine. For now I am keeping my daughter home. What should I do in terms of medical

Attorney Answers 12


  1. Under NY law, your auto policy includes "no-fault" coverage, which, generally speaking, will pay the medical bills for all treatment needed due to the injuries suffered in the accident. First, report this accident to your insurance carrier immediately; second, be sure to ask for "no-fault applications", which must be filed within 30 days of the date of accident in order to receive the above noted no-fault benefits. Next - RETAIN AN ATTORNEY IMMEDIATELY, who will likely assist you with all needed filings and will help protect your interests. As the car struck yours in the rear while you were stopped, that driver will be held liable, as a matter of law, for causing your accident. If you want to contact this office, all other questions you have can be answered.

    Jeffrey I. Schwimmer, Esq.
    20 Vesey Street - Suite 1200
    New York,, NY 10007
    (212) 344-6700
    JSchwimmerEsq@verizon.net
    JSchwimmerEsq@att.net


  2. First and foremost, seek the medical care you needs. Next, look for an attorney that works personal injury matters to make sure all of your rights are protected. That applies to both you and your daughter!

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. The best advice you will receive for the immediate future is to make sure you are examined and treated, if needed, by a physician you trust. You should certainly make sure that your daughter's hand was not damaged structurally and also have your own lower back condition checked out. You are already seeking this care, so it seems that you are in good shape there.

    Your entire family is covered under New York's no-fault insurance. All of your medical bills should be submitted through your own vehicle's insurance company, including any hospital emergency room, physical therapy and specialist's treatment. In order to ensure that this coverage is available to you and your family you should immediately report the accident to your insurance carrier. They will forward you a set of no-fault forms which must be completed within 30 days of the accident and returned to them. It is very important that you meet this deadline.

    If it turns out that your injuries and those of your daughter are more significant than you originally expected you should seek counsel from a local personal injury lawyer. Even if you are not sure about your injuries it may be in your best interest to contact an attorney so that your rights and obligations are explained at the outset. Most offer a free consultation and some, including my firm, will handle the no-fault submissions and claim as a courtesy to their clients while the personal injury case is being prosecuted.

    Good luck!

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


  4. For anyone that was injured, you should seek medical care and submit the bills to the No Fault insurance company for the car that you were in. You can also contact a personal injury attorney to seek compensation for your daughters injury and perhaps others in the vehicle.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  5. I agree with the answers from the other attorneys who have responded. You must get the medical attention that you and your family need. New York State is a "No Fault" state, meaning that regardless of who is at fault, no fault insurance will pay for all of your current medical bills for injuries suffered in the accident, so there should be no impediment to your getting the treatment you need. You will also need to speak with an experienced and knowledgeable attorney soon. It is important to have your attorney notify your inusrance company of the potential that the other driver had no insurance, or was underinsured, so that you can have the maximum amount of insurance available to cover the full potential damages. This must do this as soon as possible. We have 25 years of experience in handling all aspects of motor vehicle accident cases. I wish you and your family a speedy recovery.


  6. Submit a no-fault insurance form to your auto carrier to get your medical bills and lost wages paid. I suggest you retain a personal injury lawyer before doing anything else.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  7. Absolutely contact one of the fine local NY personal injury attorneys who responded to your question - most will offer a free initial consultations, so it is a win-win situation. Most important I hope your & your daughter recover quickly from your injuries. Best wishes

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  8. Consult with a local personal injury lawyer. Family members who are injured are entitled to lost wages and medical bills to be covered under no fault of the car they. Are in. Separate lawsuit against other car's owner and driver are possible for pain and suffering.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  9. First thing you should do is retain a personal injury lawyer, and don't give any statements to insurance co.


  10. Contact the insurer of the car you occupied. Under our no fault law in NY regardless of fault that company is responsible to pay the bills in accordance with no fault rates. You should consult a personal injury lawyer in your area to assist you and preserve your rights.


  11. Fill out and file your no-fault application as soon as possible but no later than 30 days after the accident. You want to consider filing an application for every one in your family that was in the car. It is likely that your husband may be more hurt then he thinks that he is on the day of the accident. Look for a law firm that focuses on car accidents.
    An investigation should be started ASAP. Act now. Good luck.


  12. First and foremost, I would direct all of my time and attention to the medical needs of your daughter as it relates to this accident. The insurance company of the vehicle you were in is required to pay at least $50,000 in PIP (Personal Injury Protection) Benefits. However, you must file the necessary paperwork with that insurance company within 30 days of the accident, or you risk losing this benefit. I would seek a specialist relative to your daughter's injuries, and I would stay away from the general practitioners. I would also recommend that both you and your husband seek medical treatment for any and all injuries that you suffered as a result of this accident. To the extent that any injury suffered by you and your family rises to the level of being a “serious injury” under New York State law, then you would have the option to file a claim against the other driver. In summary, after attending to the medical aspect of this matter, I would definitely consult with a personal injury attorney. Generally the consultation with the attorney is free, and that is the policy of my office.