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Lawrence Newman, DWI Lawyer
504 N. Aurora Street
Ithaca, NY 14850

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With over 130 videos of crucial information related to your New York DWI & Personal Injury Case!
FAQ's Regarding New York Property Damage Claims
How will the insurance company decide whether to repair or total my vehicle?

The insurance company will total your vehicle if your frame or chassis is bent so much that it cannot be easily repaired or if it costs too much to repair.

How does the insurance company determine how much my vehicle is worth?

The standard is the fair market value of the vehicle.  Most insurance companies use auto evaluation software programs.  If you have concerns that the insurance company is not acting fairly regarding your vehicle, you can do your own market research by checking out Kelley Blue Book, NADA (National Automobile Dealers Association), Edmunds or checking out your local newspaper advertisements.

Do I have to go the repair shop that the insurance company recommends?

You do not have to go to the repair shop that the insurance company recommends; however, if it is a private preferred shop, you may have an easier time getting additional items fixed that were not on the original estimate because the insurance company has a working relationship with the body shop.

Also, please be aware that some auto body shops are actually owned by insurance companies.  For instance, Sterling AutoBody is a subsidiary corporation of Allstate.  Just because the insurance company owns the body shop doesn’t mean that you are not going to get a fair deal.  Sometimes the work performed at these body shops is superior to individually owned shops. 

If my car is totaled or getting repaired, will the insurance company provide a rental car?

Yes.  If your car is totaled the insurance company will generally allow you to rent a car for about one month so you can purchase another vehicle. The insurance company will also allow you to rent a car for a reasonable amount of time that your car is in the body shop.

The insurance company will allow a certain amount of money for each day of rental coverage.  So, do not plan on a luxury car, SUV or van unless you opt to pay the difference in rental price. 

The Quid Pro Quo of New York No-Fault Law

So, you’re injured in a car or truck accident in the Finger Lakes area, whether it be Ithaca, Cortland, or Binghamton. If you own a vehicle that is insured, you are covered under New York’s PIP/ No-Fault law. 

Automobile No-Fault is strange and difficult for people to understand.  This is the down and dirty of how it works.  In the 1970s, the legislature, we all know what they were doing in the 60s before they became politicians, decided to revamp the law.  They had the altruistic idea that anybody involved in a car accident should be afforded medical care and payment for lost wages.  And as a trade-off for getting their medical bills paid, accident victims give up their right to receive money for PAIN & SUFFERING (human losses).  Thus, we have the QUID-PRO-QUO – THIS FOR THAT.  New York says that a person injured in a motor vehicle accident can receive medical care but for that they are giving up their right to receive money for pain & suffering unless they meet certain criteria. 

The certain criteria allowing an injury victim to receive pain & suffering money is called the “SERIOUS INJURY” threshold.   In order to meet the SERIOUS INJURY threshold, the injured person has to show one of the following:

  • A personal injury that results in death;
  • Dismemberment;
  • A significant disfigurement;
  • A fracture;
  • The 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

The altruistic motive of the legislature in the 1970s has developed a convoluted personal injury scheme.  New York personal injury is complex and is wrought with many pitfalls for the injured. 

What action steps should I take after an accident?

Below is a list of action steps an injured person should follow after accident.

  • If you are physically able, call 911 from the scene.  The investigating police officer will document the accident, review the scene, and hopefully speak with witnesses.
  • Get the contact information from any witnesses.
  • If you are physically able – take photographs of the accident scene, and all cars involved in the accident. Most phones have a camera, if your phone doesn’t have a camera, you should keep a disposable camera in the glove box. Professional drivers always keep cameras in their vehicles.  
  • If paramedics arrive on the scene, let them evaluate you.
  • If you feel that you are injured at the scene, allow the paramedics to take you to the hospital.  If you choose not to be transported by EMS, go to the hospital or doctor within 24 hours. 
  • Report the accident to your insurance company.
  • Follow your doctor’s advice and treatment schedule.  Do not withhold information regarding prior accidents or injuries.  Insurance companies have the ability to find out if you have been in another accident. 
  • Generally patients feel rushed when they go to the doctor.  It is best to make a list of your symptoms, complaints and questions for the doctor before you arrive for your appointment.  If your problems are not documented in the doctor’s record, it will be difficult to prove that you were injured in the accident. There is nothing worse for a case than a note from a family doctor one week after the accident that has no mention of the accident or injuries. 
  • If you are not able to work because of the injury, be sure to discuss this with your doctor.
  • If you are not able to work, make sure the doctor supports your decision.
  • Consult an experienced personal injury attorney even if you don’t think you want to pursue a case.  Most personal injury attorneys offer a free consultation.  All conversations with the attorney are protected by the attorney-client privilege even if you don’t hire the attorney.  Be honest with your lawyer, it is much better to learn of a weakness in a case in the beginning as compared to the middle of trial. 
  • Direct all insurance company calls to your attorney.
  • Keep a calendar or diary of the dates of your medical treatment so you can provide this information to your attorney.