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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!
New York Automobile Accidents
Generally, Upstate New York (the Finger Lakes) is a safe place to live and drive.  The area is picturesque to drive. We have hundreds of waterfalls, gorges, and the lakes of Canandaigua, Cayuga, Conesus, Owasco, Otisco, Honeoye, Keuka, Seneca, Skaneateles, and Cayuga. Everything is set against a bucolic backdrop of natural lands. Unfortunately, when there are car accidents they can be very serious because of the following factors:

  • Each year thousands of people visit the Finger Lakes area.  These people come from different states and countries.  Many of them drive on our roads without understanding New York rules of road or knowing where they are going. Often people in Ithaca are confused. They drive the wrong way down our downtown one-way streets.

  • The Finger Lakes has a high number of foreign and young drivers due to the numbers of colleges and Universities.  The SUNYs are present throughout the area along with dozens of private colleges. With youth can come inexperience, and a sense of danger.  Young drivers typically cause accidents because of speed and immaturity.

  • Upstate also has a large older population of retirees who have lived here for generations.  When people reach retirement age, their vision and depth perception slow down.

  • Upstate winter weather negatively impacts road safety.  During the months of winter (too numerous to count), the area can have massive and quick snowfall, which causes poor visibility, icy roads, and careless driving.

  • Upstate New York has over a hundred wineries and dozens of wine tours. Some people decide to drive from vineyard to vineyard with their own transportation. This is a lethal combination of impaired, intoxicated drivers who are unfamiliar and unprepared to drive on the small local roads.

  • The roadways in Upstate are rural. The Finger Lakes are mostly farmland. They are generally one lane in each direction. They are not lit with any overhead traffic lights. At night the roads can be pitch black. They are curvy and hilly. Small deviations off the roadway can lead to a head-on collision with another driver. 

When you put these factors together, you can see why there are so many dangerous car accidents in Upstate New York. The cost of damage to property and injuries to people costs in the hundreds of million dollars.

Finally, New York’s minimum insurance requirements do nothing to protect New York drivers who have been seriously injured or killed.  In New York, a driver is not required to carry more than $25,000 worth of bodily injury insurance.  Bodily injury insurance affords insurance coverage to pay for an injury to another person if you hurt them in a car accident.  Next time you drive down the road, the driver on your left, the driver on your right and the driver next to you, most likely has little insurance to compensate you if they run into you and cause serious injury. 


My car was damaged in the accident – how do I get it fixed?

The first question that many people have in an automobile accident case is; how do I get my car fixed?   In legal terms this is called a property damage claim.  Generally, personal injury attorneys do not handle property damage claims.  In our office, as a courtesy to our clients, we will assist them with their property damage claim.

Before a decision can be made as to who is responsible for getting the car fixed, the parties have to sort out who was at fault for the accident. If you are the at-fault driver, you only have one way available to get your car fixed, and that is through your own insurance company, if you purchased collision insurance.

If you are not responsible (NOT at fault) for the accident, you may have two options available to get your car repaired. 

First, review your insurance policy and see if you purchased collision insurance.  If collision insurance was purchased, you can get the car fixed through your own insurance company.  Most collision policies have a deductible that usually range from $100.00 to $1,000.00.  Your insurance company will pay the agreed upon estimate price minus the deductible, which you will have to pay to the body shop. 

Benefits of going through your own collision insurance:

  • Many times it is quicker because the other driver’s insurance company will have to investigate the claim before it accepts liability and agrees to repair your car.
  • Your insurance company has a duty to treat you more fairly than the other driver’s insurance company.
  • If you go through your insurance company, your rates will not go up if the accident was not your fault.
  • If your property damage is more than $10,000 and other driver only has the New York minimum of $10,000 in property damage insurance.

Cons of going through your own collision insurance:

  • You have to pay your deductible to the body shop before you will be able to pick up your vehicle.  So you may have to reach into your pocket for $500.00 or $1,000.00.  Your insurance company will seek repayment from the other driver’s insurance company, which will include your deductible.  When your insurance company receives payment, it will forward you your deductible.  However, it may take three to six months to get your deductible returned.

The other option available to you is waiting and going through the other driver’s insurance company.  In New York, all drivers are required to purchase a minimum of $10,000.00 of property damage insurance.  If you choose to go through the other driver’s insurance company, you will first have to wait for a claim to be set up and an insurance adjuster to contact you.

Some insurance companies will require you to bring your vehicle to their estimating facility.  Other insurance companies have property damage appraisers who will come to your home or storage facility and estimate the vehicle.  Still others will ask you to take your vehicle to one of their preferred shops for the estimate.

CLICK HERE for answers to the most frequently asked questions regarding New York property damage claims: