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March 5, 2021

Long Island Car Accident Lawyer

When you have been seriously injured in a car accident and aren’t sure where to turn for help, contact a qualified car accident lawyer on Long Island to discuss the details of your case.

Car accidents and the injuries that result from them can have a dramatic impact on survivors’ lives. In addition to the damage of the physical injury, the emotional toll can be just as devastating—not to mention the substantial financial troubles lurking due to a loss of income, massive medical expenses, and other economic damages.

Thankfully, when you find yourself struggling to cope with the aftermath of a truck or car accident, you can reach out to the Law Offices of Dennis Smith, PLLC. Your reputable Long Island car accident lawyer will be by your side every step of the way, unafraid to fight for the compensation you deserve.

Who Is at Fault for Your Car Accident on Long Island?

Figuring out who is responsible for your car accident is one of the most important parts of your case. Your car accident lawyer on Long Island will need to carefully review the details of your case to determine who is liable. In many cases, the driver of another involved vehicle will be found responsible for causing the car or motorcycle accident. Some common types of driver negligence include:

But you may be surprised to learn that another involved driver isn’t necessarily the person responsible for causing the accident. For example, maybe there was a faulty or malfunctioning car part that caused the accident. In cases like these, the following parties could be held accountable:

  • Parts manufacturers
  • Maintenance techs
  • Automakers
  • Part suppliers and distributors
  • Safety inspectors

Then you have to consider the possibility that the roads themselves may not have been safe. This could be due to broken pavement, missing street signs, broken traffic lights, or some other hazard. If this is true for your case, then the government agency responsible for maintaining the safety of the roads, such as the New York State Department of Transportation, could be held accountable for your injuries.

Only after carefully reviewing the circumstances of your case and the evidence at hand will your car accident attorney on Long Island be able to establish culpability and move forward with your case.

Shared Fault on Long Island Car Accidents

New York is a comparative negligence state when it comes to shared fault. Many car accidents survivors are hesitant to move forward with a car accident claim because they are under the impression that if they are partially responsible for causing the accident, they are not entitled to compensation for their losses. 

Thankfully, that’s not true. In Long Island car accidents, if you are partially liable for the accident, you can still be awarded compensation. However, you will still need to answer for your portion of fault. This is done by reducing your settlement in proportion to your percentage of fault. 

For example, let’s say you chose not to wear your seatbelt when you got into the car. You are subsequently hit by a drunk driver. You may be found to be, say, 10 percent at fault for your injuries since you chose not to wear your seatbelt. Any amount that you are awarded in your claim will then be reduced by that 10 percent.

The Insurance Company and Your Car Accident Claim on Long Island 

Dealing with the insurance company after your car accident may be the most burdensome part of any car accident claim. This is because the insurance company is often not advocating for your rights. At the end of the day, many companies couldn’t care less about how the accident has impacted your life. The insurance company may only care about one thing— its profits. 

New York state is a no-fault state when it comes to car insurance. This means that you are required to carry personal injury protection and will need to file a claim with your own car insurance in the event of an accident. 

It doesn’t matter who is at fault for the accident at that time. Your claim will be filed with your own insurance company. But just because you’re working with your insurance company doesn’t mean it is going to be on your side.

The insurer may attempt to place more blame on you for the accident by manipulating your statement, or they may make you a fast settlement offer. A settlement offer may seem like a great idea because you need money, and you need it now. 

But the truth is any amount that the insurance company has offered you is probably significantly less than what your claim is actually worth. It may be in your best interests to have your car accident lawyer on Long Island handle the insurance negotiations on your behalf so that you don’t have to worry about being taken advantage of.

Long Island Car Accident FAQ

The trauma of a serious car accident can be a lot to overcome, in more ways than one. In an effort to reduce the information overload you’re probably experiencing, we’ve provided a brief FAQ below with the answers to some of the most common questions car accident survivors like you have had regarding their claims. Questions not answered here can be discussed during your complimentary consultation. 

What is the statute of limitations in New York?

It depends on the circumstances of the car accident and who was at fault. Deadlines can be as soon as thirty days from the date of the accident, so it is imperative you contact a Long Island auto accident attorney immediately.

What happens if I was involved in a hit-and-run car accident?

An investigation in a hit-and-run accident is of the utmost importance. However, sometimes law enforcement can be overburdened and cannot devote the time and resources to investigate, whereas an experienced hit-and-run attorney can.

How do Long Island car insurance claims work?

As mentioned, New York is a no-fault insurance state. This means that no matter who was at fault for the accident, you will be entitled to medical benefits and a portion of your lost earnings through your own insurance provider when you file the necessary no-fault paperwork. Keep in mind that you only have thirty days to file the paperwork from the date of the accident. A qualified attorney can help you meet this tight deadline.

Keep in mind that you only have thirty days to file the paperwork after a no-fault accident. A qualified attorney can help you meet this tight deadline.

Meet with a Car Accident Attorney on Long Island

Are you ready to take charge of your life? Get help pursuing your civil claim by reaching out to a respected Long Island car accident lawyer at the Law Offices of Dennis Smith, PLLC. You can reach our office through the online contact form we have provided below or by phone at 212-835-1699 to schedule your free, no-obligation consultation.

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