What should I do if I have been in a motor vehicle accident and I have suffered an injury?

You must notify your insurance company that you have been in an accident as soon as possible. Personal injury protection, also known as No-Fault, is mandatory on every insured vehicle in New York State. No-Fault provides you with lost wage and medical payments, with certain limitations, up to $50,000 regardless of who is at fault for the accident. More coverage may be available if you purchased additional No-Fault coverage beyond the statutory minimum of $50,000.

A No-Fault application will be sent to you after you notify your insurance company of the motor vehicle accident. It is important to note that most insurance companies generally require you to fill out a no-fault application within 30 days from the date of the accident or the insurance company may deny coverage. If you do not have the application within 30 days, it is recommended that you write to your insurance company regarding the details of the accident and submit a copy of the police accident report.

If you were a passenger in another person’s vehicle, you apply for No-Fault benefits from the insurer of the auto in which you were riding. Also, your No-Fault benefits would come from the vehicle that struck you if you were a pedestrian or bicyclist. If you do not know the name of the insurance company, obtain a copy of the police report, and the insurance code on the report will give you the proper name. 

It is important to remember that No-Fault does not reimburse you for pain and suffering or any permanent disability as a result of your motor vehicle accident. In order to make a claim against another driver for damages beyond No-Fault, you will need to prove that you have met the serious injury threshold. If you believe that you are entitled to damages beyond No-Fault, it is strongly recommended that you consult with an attorney.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

In New York State, in order to make a claim against another driver, one of the elements that you will need to prove is that you have met the serious injury threshold. New York Insurance Law Section 5102(d) defines serious injury in nine categories. Therefore, you must satisfy at least one of the nine serious injury standards before you can pursue a lawsuit. Accordingly, you will have met the serious injury standard if you sustain a personal injury that results in:

• Death;
• Dismemberment;
• Significant disfigurement;
• Fracture;
• Loss of a fetus;
• Permanent loss of use of a body organ, member, function or system;
• Permanent consequential limitation of use of a body organ or member;
• Significant limitation of use of a body function or system; or
• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Consequently, the serious injury threshold makes it more difficult for you to file a claim for additional damages beyond No-Fault. It is obvious that Legislature intended to keep what they consider to be minor personal injury cases out of Court. Therefore, it is important for you to have an attorney that will fight hard to protect your right to be compensated for your injuries.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

Question: My teenage daughter just got her license two months ago, received a speeding ticket and did not want her parents to know so she went to court and plead guilty to the ticket. I subsequently found out about it. Is there anything I can do at this time to help her and myself, since she is covered under my auto insurance?

Answer: There are a number of issues involved in this but the short answer is yes, there is something you can do. Your daughter receiving and pleading guilty to a speeding ticket is a conviction. If she has only had her driver’s license for a few months in all likelihood the conviction is during the probationary period as set forth by the New York State Department of Motor Vehicles. This could result in a suspension or revocation of her driver’s license depending on the severity of the speeding ticket.

If you have not already added her to your auto policy as an extra driver within your household then you should do so. Doing so will increase your insurance rates as it is an increased risk to the insurance company. In all likelihood if the insurance company becomes aware of the conviction for the speeding ticket your rates may even go up higher.

While we all want to teach our children a lesson and let them suffer fair and reasonable punishment for their mistakes, in cases such as this it is not in your or your daughters best interests to allow a speeding conviction to stay on her driver’s license. Therefore, a motion should be made as soon as is possible to vacate her conviction. This type of motion is commonly known as a Coram Nobis Motion.

The Coram Nobis Motion is made through the court where the guilty plea and conviction was entered. In sum and substance, the Coram Nobis asks the Judge to vacate the conviction based upon your daughter, the defendant, being unrepresented by an attorney and being ignorant and not knowing the ramifications of her guilty plea to the charge. This motion should be made as soon as is possible as the more time that passes the more difficult it is to have the Judge grant the motion and the impact of the conviction with regard to fines, penalties, surcharges, increased auto insurance rates, etc. to take effect.

If the motion to vacate the conviction is successful then this does not conclude the final disposition of the case. The conviction being vacated simply places the defendant in the same position as she was prior to her entry of the guilty plea. However, this gives the opportunity to negotiate a plea disposition for a dismissal or a lesser charge, which would not have the same penalties and ramifications with regard to her driver’s license. For example: if the speeding ticket was reduced to a charge which was a no-point non-moving violation then it would not have the same penalties and ramifications with regard to your daughters driver’s license, court fines, points on her license, and potential increase in insurance rates.

The best advice is that if anyone you know receives a ticket for a moving or point violation that it is recommended that they retain the assistance of an attorney to obtain a reduction of the charge. The end result is that the cost for the attorney will probably be less than the overall cost and expenses, which may result from a conviction of the original charge, when taken into consideration all fines, penalties, surcharges, and increase in insurance rates over the course of time.

Gary Valerino
Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career.  He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP).  He is also an approved subrogation counsel for many of the major insurance companies.

We have discussed in this blog what you should do if there is going to be a lapse in your car liability insurance.  However, do you know what will happen if you are in a car accident and you are driving a car without liability insurance?

If you are in a car accident while driving a car without liability insurance, your driver’s license and vehicle registration will be revoked for at least one year.  If someone else is driving your uninsured vehicle and is in a car crash and is convicted of operating without insurance, your license and registration will still be revoked for at least one year.

In addition, to get your license back after revocation, you will have to pay the DMV an additional civil penalty of $750.  Furthermore, there may be a high traffic court fine for driving without insurance or allowing someone else to drive your uninsured vehicle.

Of course, the other major concern is that you may be personally liable for any damages that occurred if your vehicle is in an accident and there is no insurance.  In addition, you will not have an insurance company to retain a lawyer to represent you in any lawsuits that are filed against you for any personal injuries and property damages that occurred.  Certainly, if this occurs, it is highly recommended that you retain your own lawyer to represent your interests.

Therefore, it is very important that you keep your liability insurance up to date.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

You should surrender your vehicle plates to the Department of Motor Vehicles (DMV) immediately.  If you do not turn in your plates, your registration will be suspended for the same number of days that you did not have insurance coverage and failed to give your plates to the DMV.  If the number of days is more than 90 days, your driver’s license will also be suspended for the same number of days as the registration.  In addition, to reinstate your driver’s license, you must pay a termination fee.  Please note that even if your vehicle is taken off the road and not driven, you must still surrender your plates, or face registration and license suspensions.

Your insurance company will notify the DMV if you cancel your liability insurance.  If you receive a letter from the DMV that states your insurance has lapsed, it is important that you follow the instructions in the letter promptly.  Contact your insurance company as soon as possible.  If you are having an issue with your insurance company, it is important that you turn in your plates while the issue is worked out.  It is important that you keep the receipt showing that you turned in your plates.  When the problem is corrected you can get your registration back and new plates.  If you get insurance through a new company, make sure the new company notifies the DMV electronically.

You may also have the option of paying a civil penalty instead of turning in your license plates to the DMV.  However, if you insurance coverage lapse is more than 90 days or if you have used the civil penalty option for registration suspension within the previous 36 months, then the civil penalty is not available.  Therefore, if you surrender your vehicle plates to the DMV before your insurance lapses, you can prevent the suspension of your registration and driver’s license.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

I am sure no one has missed the new signs on the highway flashing that you may not text and drive or risk high fines and 5 points on your license.  And certainly, there is good reason for the law.  However, did you know that as long as your car is not in motion, it is not against the law to text?  Specifically, paragraph 1 of Section 1225-d of the Vehicle & Traffic Law states that no person shall operate a motor vehicle while using any portable or electronic device while such vehicle is in motion.

The same is true of making a call.  Section 1225-c of the Vehicle & Traffic Law prohibits operators of a motor vehicle to use a mobile telephone unless it is hands free.  However, the law only requires operators of a motor vehicle to have a hands free device while such vehicle is in motion.

It should be noted that there are new regulations coming out at the end of October that operators of commercial vehicles may not make a call without a hands free device or text irrespective of whether the vehicle is in motion.

Therefore, as long as you are not operating a commercial vehicle, you are not breaking the law if you are stopped at a red light and send a text or make a quick call.

Heather LaDieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

There are probably more advertisements for auto insurance on television than there are for most any other product. This is probably because the majority of adults in the United States both own and operate automobiles. While those advertisements usually concentrate on price, very few of them concentrate on coverage.

It is common knowledge that insurance on an automobile is a legal requirement, and that the most common type of insurance is liability insurance, which will protect the owner or operator in case they are held liable for accidental damages or injuries arising out of the use or operation of a motor vehicle. However, there is another available coverage under your insurance policy, which protects you and any other insured parties (as defined in the insurance policy) for injuries sustained as a result of an auto accident that is due to the fault of another.

The coverage that I am referring to is supplementary uninsured/underinsured motorist coverage, commonly known as SUM coverage. SUM coverage is a bodily injury protection that covers you if you are injured as a result of an accident involving an uninsured or underinsured vehicle or one involving a hit and run driver. This coverage also protects you if there is an accident with a car that carries a bodily injury liability insurance limit that is less than the SUM insurance limits that you have on your own car.

In general, SUM coverage protects you, family members who live with you, and someone in a car you are operating. Under the SUM coverage, you may make a claim against your own insurance policy for bodily injury that is legally due to the negligence of either an uninsured or an underinsured driver. The maximum benefit paid will be the limits of the SUM coverage you have purchased. If the negligent party has insurance, then said limits shall be reduced by the amount of the insurance of the negligent party.

The mandatory uninsured motorist coverage under your insurance policy will provide coverage as a result of an accident involving an uninsured vehicle or hit and run driver. However, this coverage only applies to bodily injury resulting from accidents occurring in New York State. The SUM coverage also covers accidents occurring outside of New York, and would provide coverage to make a claim against your own insurance company for the negligence of another motorist with an uninsured or underinsured vehicle.

SUM coverage may be purchased through your auto insurance carrier. However, as a general rule, the SUM coverage limit you choose cannot be higher than your bodily injury liability limit. Based upon the cost of auto insurance, it is not uncommon for the youngest drivers, as well as drivers with a poor driving history, to have the lowest available insurance coverage, as an increase in coverage would result in an increase in the policy premium to be paid.

In summary, it is important that you protect yourself and your family in case of an auto accident by purchasing an appropriate amount of SUM coverage through your insurance agent or insurance carrier.

To learn more about New York auto insurance coverage and laws or to schedule a consultation, please contact MCV Law LLP today.

Gary Valerino
Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career.  He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP).  He is also an approved subrogation counsel for many of the major insurance companies.

It is difficult to think about deadlines after you have been injured in a car accident, however the alternative is you could lose out on medical and wage benefits.

As you already know from reading this blog, after you have been injured in a car accident, your car insurance must pay your medical bills and lost wages, with certain limitations, through New York no-fault benefits.

However, it is important to note that most insurance companies generally require you to fill out a no-fault application within 30 days from the date of the accident or the insurance company may deny coverage.  30 days is not a lot of time when you are injured and trying to deal with all the other issues that come with being in a car accident, including property damage to your vehicle, filing a police accident report, talking to your employer about missing work and attending medical appointments.

In addition, most car insurance companies generally require that they receive any medical bills within 45 days from treatment.  You must notify your doctor that they need to bill your car insurance for any treatment related to the car accident.  If you have been treated with this doctor prior to the car accident, you should verify that the doctor is billing the proper insurance company.  Many times a doctor’s office will have a separate billing department and they will bill the insurance company they have on file.  And since billing usually takes time, by the time you realize that the doctor office has billed the wrong insurance company, the 45 days may have passed and your car insurance may deny paying the bill as untimely.  This ultimately may result in you being responsible for the bill.

It is important to pay attention to deadlines after a car accident, because you could be responsible for your medical bills and lose out on lost wages.

Heather LaDieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.