What You Should Know

Answers to Questions about Personal Injury

Greenstein & Milbauer, LLP — New York City Attorneys

If you've been injured, we know you have questions. The following answers may be some of the same ones you're looking for. We hope so. For answers to other questions, please contact our offices directly.

Should I have my own insurance company pay for the damages to my car?

If you have collision insurance on your damaged motor vehicle, you may choose to pay the deductible amount and have your own insurance company pay the rest of the damage. If you do this, you will not be able to collect for your vehicle's damage against the other driver's insurance company.

How do I get a rental car?

New York law provides that if another person is responsible for damage to your automobile you are entitled to a rental car for a reasonable period of time — usually the time required to repair your car. If you experience difficulty in securing a rental vehicle through the other motorist's insurance company, then you can look to your own insurance company, provided that you have rental coverage on your policy.

How do I get my vehicle repaired?

If you have collision coverage then you may chose to have your own insurance company repair your vehicle, subject to your deductible. If, however, you do not have collision coverage or you prefer to have the other insurance company pay for your repairs, then we can assist you in this regard. Many times we provide this service free of charge.

If my car was damaged, do I need to obtain a property damage estimate?

If your car was damaged in the accident, please bring (or mail) to the office a written, itemized estimate of the cost of repair to your car.

My car was totaled in the accident and probably will be destroyed. Should I take pictures of the damage before it is destroyed?

Yes. Photos should be taken of the damage to your vehicle and your injuries. The photographs document the damage to your vehicle, and the severity of your injuries, and may be helpful & /or necessary to resolve your property damage and bodily injury claims.

What is the value of my case?

As your case develops, we will try to project what would be a fair settlement. We will always try to get the best possible settlement for you. Notwithstanding, we believe that the optimum value of any case is dependent upon sound preparation and information. Once we complete our investigation, we can better estimate the possible extent of the defendant's liability. Be assured we will always work to optimize the value of your case consistent with our professional judgment.

What should I do about my injuries?

Give careful attention to your injuries. You may not initially appreciate the severity of your injuries. You may fully recover or be permanently disabled. Do what is required to reach maximum medical improvement. Follow your doctors' instructions. Clearly, explain the difficulties you are having. Be sure to keep all appointments. Tell the doctor everything about all pain, discomfort, symptoms, and problems.

If I suffer an injury what should I do first?

You should immediately seek medical attention as your health must be your primary concern. At the accident scene, a police officer may ask you if you want an ambulance to take you to a local hospital. Once your condition has been stabilized, you should contact an attorney to investigate your claim on your behalf.

Do I have to go to a medical facility that you recommend?

No. You are free to go to any medical facility. However, if you were involved in a motor vehicle accident, we can provide suggestions for choosing a facility. First, make sure you pick a clinic that accepts no-fault insurance. Second, make sure the clinic will bill the carrier directly on your behalf. Third, make sure you choose a facility that has been around for a long time. This will ensure that you do not go to a clinic that is operating illegally, and constantly relocating to maintain operations. Fourth, make sure the clinic properly documents your injuries so that your attorneys, and your adversary, will be able to evaluate the seriousness of your injuries. Fifth, make sure that the doctor would be willing to testify in Court if the opportunity should arise.

What can I do to help my attorney?

First and foremost, be honest in dealing with your lawyer. Do not try to anticipate problems with your case and withhold information. Your attorney should be able to handle most problems if he is aware of them early. It is also important that you make all medical appointments. Additionally, follow your attorney's advice. The following are examples of information that is pertinent to our claim:

Change of Address/Telephone Number
Change of Employment
Treatment by a new doctor
Release by a doctor
Medical treatment received not related to your case
If you are involved in another accident, or otherwise injured
Any additional information pertaining to your accident/claim
If you are thinking about filing for bankruptcy

By keeping us aware of your current situation, you assist us in keeping you informed of the status of your personal injury claim and in being more effective in handling your case.

What information must I provide?

It is important that you give us as much information as possible. We want to know everything that affects your case. You should initially provide us with a complete statement regarding the facts and circumstances of your accident, including your injuries and medical treatment. If known, we would like the license plate numbers of the vehicles involved; names/addresses/telephone numbers of drivers, owners, and witnesses; names of responding police officers; names of health care providers; and names of insurance companies. Usually a private investigator may gather additional information such as statements, photographs, and documents. Once we have sufficient information, we will assess the merits of your case.

Why can't I trust the insurance companies?

Insurance companies are businesses that depend on their bottom line. Each personal injury victim is a potential expense to them. Their interests are fundamentally at odds with accident victims. Moreover, some insurance companies spend millions of dollars and clever marketing schemes trying to convince the public that they do not need the professional advice of an attorney. Remember that the defendant's insurance company, lawyers and investigators will diligently work to minimize your claim. During their investigation, it is possible that they will attempt to contact you through various (and sometimes devious) methods. You should refrain always from discussing this matter with anyone, including your employer, your relatives, your neighbors, and even your friends.

How often should I stay in contact with you?

Please call us anytime you have a question, or need help. Be sure to contact us at a minimum of once per month. Keep us informed of your health status, and of any matter about your case. As well, it is very important to keep us informed if your address, and/or telephone number, should change.

Should I keep any records?

Yes. You should keep a system for recording the expenses incurred with your claim. Medical expenses are a significant part of your lawsuit, so it is important that you keep good records.

What should I do when I complete my treatment?

Be sure to contact the office when you have been discharged by your doctors, so that we may contact your doctors to send me their reports and bills.

The other person's insurance company has contacted me, should I give a statement?

Absolutely not. You do not have a duty to cooperate with the other driver's insurance company. One should never give a statement to an insurance company without the advice of an attorney. You should tell the insurance company to contact your attorney. Your attorney will decide if a statement is necessary, and make arrangements accordingly. Do not, under any circumstance, provide the other insurance company with a statement. You are not trained in these matters and may say something that could eventually be harmful to your claim. This is why we recommended that as early as possible you seek representation from an attorney who is familiar with these issues. Then, if the insurance company should try to contact you, inform them that you are represented. This will require all further contact to be through your attorney.

Do I have to talk to my own insurance company?

You do have a duty to cooperate with your own insurance company due to the language contained in your insurance policy. Under most insurance policies issued in New York, there is a duty to provide notice of an accident to your insurance company " as soon as practicable " after the accident. If you do not provide your insurance company with notice, there is a risk that your insurance company could deny coverage to you for the accident as a result of your failure to provide them with timely notice. However, your attorney can provide your insurance company with notice of the accident, and your attorney will make the necessary arrangements if your insurance company wants a statement.

What should I do if I have a question that you have not answered?

If you or a loved one were injured in an accident, you should take immediate steps to protect your own or their interests. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, or by signing any documents. After calling law enforcement authorities and obtaining needed medical attention — call us immediately. We are here to help.

Our attorneys are available to answer questions over the phone or via e-mail. However, the best way to find out about a particular case is to arrange for a free appointment. Please telephone us at 1-800-VICTIM2 or contact us online — seven days a week, 24 hours a day, everyday of the year. Lastly, our firm also offers a free legal info-line service to accommodate your needs.

We are committed to doing the extra things it takes to help our clients.