Name: Car Accidents
Brand: The Law Offices of Michael S. Lamonsoff
Rating: 4.8 (495 reviews)

Don't Get Lost in the System

Almost 10,000 motor vehicle accidents happen in New York City every single month, virtually all due to a driver's failure to exercise ordinary care. Many of these accidents result in injuries that can upend a person's life, resulting in lost time from work, serious personal injuries, and even death. Motor vehicle accidents can leave a person and their family scrambling to make ends meet. Insurance companies are not your friends. Rather than protecting their customers, insurance companies employ teams of corporate lawyers to keep victims from getting the compensation they need just to get back on their feet. In order to make sure that you get the justice you deserve, you need an aggressive and savvy law firm who will fight for you.

I’ve Been Injured in a Motor Vehicle Accident: What Do I Need to Know?

If I’m injured in a motor vehicle accident, who will cover my medical costs, lost wages, physical therapy and hospital bills, and funeral bills?

Every owner of a vehicle insured in New York has “no-fault” insurance. No-fault ensures that, regardless of fault, the following benefits are generally available to the driver, passengers of a vehicle and/or pedestrians struck by a vehicle, regardless of who was responsible for the accident:

Medical expenses up to $50,000;
80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident;
up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses, such as household help, and transportation expenses to/from medical treatment; and
a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person who is killed in a motor vehicle accident.

There are time-sensitive processes that you must follow in order to pursue No-Fault coverage and to potentially file a lawsuit for further damages. Navigating this process by yourself is difficult, and serious mistakes could derail your case. You must have a competent, experienced NYC car accident attorney by your side to ensure your rights and your ability to receive compensation are both ferociously protected. Do not accept less than you deserve. Michael S. Lamonsoff and his team will fight for financial compensation for the full value of your lost wages and diminished earning capacity.

Can I bring a lawsuit for my injuries?

Yes. No-fault insurance is often only sufficient to cover your medical bills and lost wages in a minor accident. If you suffered an injury in a car accident in New York, you still have the right to file a lawsuit directly against the negligent driver of the other vehicle.

Every vehicle insured in New York is required by law to have at least $25,000 of liability insurance available to be paid to the victims of an accident. Some vehicles have far more insurance available. At MSL, collectively, we have over 100 years of experience recovering every last dollar of available insurance for our clients.

Never assume that you are prevented from filing a personal injury lawsuit after a car accident. An injury that initially appeared to be minor may quickly turn into a serious medical issue. Call our New York City car accident lawyers for a free, comprehensive review of your case. We will explain your legal rights, your options, and help you take action to get financial compensation.

Can I recover property damage to my vehicle?

Yes. The minimum insurance required by law is $10,000 for property damage. However, some vehicles have much more insurance. After being involved in a car accident, it is imperative that you contact an experienced attorney who can file a lawsuit to help you recover compensation for both property damage and any injuries you may have sustained.

How much does it cost to hire a car accident lawyer?

Any reputable personal injury law firm, including The Law Offices of Michael S. Lamonsoff, will charge on a contingent basis. This means that if we take your case, you will incur no initial fees to retain our services, and you will pay zero fees throughout the litigation process--you will only pay once we win your case. Further, if you are in need of medical attention, we will advance the fees necessary so you don’t compromise your physical well-being. Similar to the attorney fees, these will be taken from your eventual compensation, allowing you to focus on your recovery and your loved ones, NOT the stress of money.

What should I do if an insurance company contacts me after my accident?

The best thing to do is to refer them to your attorney and do not sign any papers. At MSL, we have years of experience dealing with many different insurance companies and have relationships with most of them. Many motor vehicle accident victims have lost both benefits and potential lawsuit awards through mishandling of communication and information with insurance companies.

What if I am undocumented? What are my rights?

In New York, undocumented people have exactly the same rights as all other residents if they are injured in an accident. Undocumented immigrants have the right to file a personal injury lawsuit if they were involved in a car crash, and can recover for time missed from work, personal injuries, and even wrongful death. Your immigration status is protected by state law and cannot be used against you in Court. A person cannot be deported merely for filing a personal injury claim.

We at MSL have successfully represented many undocumented immigrants who were injured in automobile accidents, and believe that they deserve the same level of justice as any other person. Many of our clients do not speak English. If you or your loved one is an undocumented immigrant who was injured in a crash, call our New York City car accident lawyers for strictly confidential legal guidance.

If I’m partially at fault, can I still bring a lawsuit?

Yes. A negligent defendant will not be let off the hook just because you may not have been a perfect driver. Even if you believe that you were mostly to blame in an accident, a competent attorney will limit the percentage of your fault.

New York is a pure comparative fault jurisdiction, meaning that each party to the case will be held legally responsible in direct proportion to their share of the blame for the accident. You can still recover financial compensation even if you share some of the blame for your own accident. Do not assume that you are without rights simply because a police officer or insurance adjuster said that you were the “at fault driver.” Our NYC car accident attorneys will fight aggressively to make sure that all defendants who contributed to your collision are held legally liable for their share of the blame.

What if the vehicle involved, or the vehicle that struck me, doesn’t have insurance, or does not have enough insurance to cover my claim?

While all motorists are required to carry at least $25,000 worth of liability coverage in New York, not every driver complies with the law. By some estimates, as many as ten percent of drivers in New York City are currently uninsured or underinsured. Beyond no-fault coverage, you may also be able to file a claim against your own insurance company under an uninsured/underinsured motorist (UM/SUM) policy. UM/SUM is insurance coverage that you bought along with your own liability insurance before the accident happened.

If you are involved in an accident with an uninsured vehicle, or a hit-and-run, you may be able to file an uninsured motorist claim. (UM) If you are involved in an accident with another vehicle that and has insurance, but does not have enough insurance to cover your claim, you will need to file a supplemental underinsured motorist claim. (SUM).

Both UM and SUM claims have numerous pitfalls, and you will need an experienced attorney to guide you through the process in order to ensure that you recover every dollar to which you are entitled.

How do I choose the right attorney to represent me in my lawsuit?

New York’s laws and insurance regulations are complicated. You need an aggressive, reliable attorney who has the skills, experience, knowledge, and passion to fight for you and your family. Michael S. Lamonsoff, “The Bull” and his team of trial-tested auto accident litigators are ready to take your case as far as it needs to go to get you the best results. There is no substitute for victory. Our team has recovered more than $500 million for clients—including some of the highest personal injury settlements and trial verdicts in New York’s history.

I was injured while riding a bicycle, as a pedestrian or some other accident where a car or truck was involved. What rights do I have in this situation?

New York City can be a dangerous place for pedestrians and bicyclists, which is why pedestrians and bicyclists are protected under our state’s no-fault insurance laws. Through a no-fault pedestrian accident or bike accident claim, you can seek compensation for medical bills and lost wages. It is crucial that you submit the paperwork as soon as possible.

Beyond a no-fault claim, you also have the option to file a personal injury lawsuit directly against the responsible defendant. Most pedestrian collisions and bicycle accidents are caused by negligent drivers. Some of the most common examples of driver negligence in pedestrian/bicyclist accidents include:

Running red lights;
Running stop signs;
Speeding through crowded streets;
Distracted driving; and
Drunk or drugged driving.

Pedestrian accident claims are often complicated and confusing. From navigating no-fault insurance to seeking medical care to building a case for a lawsuit, it is easy to get lost in the system. You need a strong and aggressive attorney like “The Bull” Michael S. Lamonsoff on your side.

Every owner of a vehicle insured in New York has “no-fault” insurance. No-fault ensures that, regardless of fault, the following benefits are generally available to the driver, passengers of a vehicle and/or pedestrians struck by a vehicle, regardless of who was responsible for the accident:

Medical expenses up to $50,000;
80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident;
up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses, such as household help, and transportation expenses to/from medical treatment; and
a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person who is killed in a motor vehicle accident.