Although not mandatory by law in NY, it is a good idea to get a police report at the scene of the accident. There may be litigation after the accident, so it is important to include your point of view in the report. You can pick up the police report at the precinct with the jurisdiction of the area of your accident after a few days. Be sure to call the precinct before you go to pick up the police report because there usually are a specific time and a fee for the report, and usually the payment is only accepted via a money order or a cashier’s check.

You do not need an attorney to receive medical treatment or get your car repaired. You have the right to receive medical treatment under your own automobile insurance policy no matter what kind of automobile policy you may have purchased and no matter who was at fault in NY. If you have full automobile insurance coverage you have the right to get your car repaired even if you were at fault. Attorneys usually do not have involvement with medical treatment or automobile repair, although they may help you with opening an insurance claim or making a referral. An attorney will help you get compensation for your injuries after a car accident, but repairing your vehicle or getting medical treatment are between you, your insurance company, your mechanic, and your doctor.

It is not unusual for people who were involved in a seemingly minor car accident to become seriously injured and have long-term pain. There is a lot of force generated between two vehicles in an impact, and the human body can be injured severely when exposed to such a large force. However, these types of injuries are not often immediately obvious. A hospital is concerned with immediate life-threatening injuries such as fractures, and not necessarily with non-life-threatening injuries. X-rays and CT scans are the most commonly performed tests at hospitals for car accident victims, but they cannot adequately visualize muscles, tendons, ligaments, and discs. If left untreated, these muscle, tendon, ligament, and disc injuries can turn into debilitating chronic conditions. Often, these injuries do not hurt much within the first few days to weeks. Therefore, we recommend that anyone who was involved in a car accident to be evaluated by a health care professional who is knowledgeable about detecting these injuries to avoid future pain and suffering.

This is absolutely NOT true. Most modern automobile bumpers can withstand impacts up to 10 mph without showing any signs of damage. However, if there is no absorption of impact force by deformation of the vehicle’s structure, the force generated during the impact is transferred to the occupants in the vehicle. It is not uncommon to find severe injuries such as fracture in occupants of a vehicle with virtually no damage. Therefore, it is important for you to get a proper medical evaluation from a healthcare professional knowledgeable about car accidents to make sure you were not injured.

No, everyone who was involved in a car accident is covered by an automobile insurance policy in NY. You are not required to pay for your own treatment for car accident injuries. Even if you were a pedestrian who was involved in a hit-and-run car accident, there is a state policy called MVAIC that covers for your care in such a case. However, there are rare circumstances in which a patient undergoes very extensive medical treatment such as spinal surgery that may exhaust the entire medical benefit. A vast majority of car accident victims never come close to exhausting their medical benefits during routine treatment.

New York is a No-Fault state. It means that you are covered for treatment if you get hurt in a car accident, no matter who was at fault. If you were the driver, your own automobile insurance policy covers for your treatment. If you had passengers, they are all covered under your automobile insurance policy. If you were a pedestrian who was struck by a vehicle, the vehicle’s automobile insurance policy covers for your care.

Usually most people have medical treatment coverage of at least $50,000 for routine medical treatment, including pain management, physical therapy, chiropractic, and acupuncture. However, automobile insurance companies limit the time that the coverage is in effect. Depending on the insurance company, it can range from about 6 weeks to up to 1 year, but the industry average based on our experience has been between 3 to 4 months. You can see why beginning treatment promptly is important, as your medical benefit may be terminated at any time by your insurance company before you completely recover from your injuries!

No, by law you are not allowed to use any insurance other than your automobile insurance for treatment involving injuries from your car accident. You may use your health insurance after your automobile insurance company terminates your car accident medical treatment benefits. However, if you are later compensated for your injuries, your health insurance company has the right to be compensated for the treatment it had provided for your car accident injuries.

Yes, there is. If you would like to apply for medical benefits for treatment related to your car accident, there is a form called NF-2 that must be filled out within 30 days of the accident. You should mail it with certified return receipt. If you do not file the NF-2 form within 30 days, you are waiving your right to have future medical treatment related to your car accident. Our office can assist you with the NF-2 form if you wish.

An acute injury such as a car accident injury responds best when treated as soon as possible, ideally within the first 24 to 48 hours. Outcome of similar injuries with different starting treatment time is substantial, even if you receive the same exact treatment. Timing is everything in treating acute injuries such as car accident injuries. If you delay the treatment, your injuries will require more frequent treatment sessions and longer treatment period.

Yes. You can switch from one medical office to another at any time you wish. That goes for any professionals you may be working with, including doctors and attorneys. You have complete control over who you choose to work with. However, please be aware that you will not have medical treatment coverage once your insurance company terminates your car accident medical benefits and the next medical office may choose not to accept you as a patient.

No-Fault Insurance is an automobile insurance, not a regular health insurance. For doctors who do not focus their practices in treating car accident patients, handling No-Fault Insurance claims can be unfamiliar and difficult. They may have difficulty in getting paid for their services. Hence after not getting paid for their services, many of these doctors refuse to take No-Fault Insurances. Also, many car accident patients have attorneys who are representing them. Sometimes these attorneys want the doctors to testify in court on behalf of their patients. Many doctors are uncomfortable about testifying in court and they refuse to accept No-Fault insurance to eliminate the possibility of their needing to testify.

Yes, but the amount of your lost wage reimbursement depends on your specific policy. This is called “disability benefits”. You may also be eligible for reimbursement for other expenses that you may accrue due to your car accident, such as transportation to a medical office. Please save all receipts and contact your insurance carrier for the ways to file for reimbursement of miscellaneous expenses. You will need a doctor to fill out forms from your insurance company to receive disability benefits on ongoing basis. If your disability period is long, you may also need to complete FMLA forms.

Most likely, yes. If you consult with a car accident attorney, he/she would be able to assess your situation and give you some answers. There are a few major factors that determine your right to compensation, including who was at fault, how much you were hurt, what kind of treatment you have had, and what kind of permanent problem remains from the car accident. One of the important evidences in getting fairly compensated for your injuries is your medical record. The length and frequency of your treatment, as well as the result of tests that your doctor ordered, prove the severity of your injuries and justify the compensation.

The frequency and the duration of treatment are very specific to each patient. Some conditions are handled easily, and others require long-term treatment plan. If you would like to be evaluated to find out what kind of injuries you have and the type of treatment you would need, please call our office at (718) 746-4919 to make an appointment for the initial evaluation.