Dealing with medical bills, lost wages and
other expenses from a car accident

Even if you’re the type of person who doesn’t want to sue somebody, sometimes that’s the only way to get justice.

In New York, a person who sustains whiplash or another serious injury as defined by the New York Insurance Law can recover money for:

• Past pain and suffering
• Future pain and suffering
• Past economic damages (medical bills; lost wages; rental car; property damage, including repairing or replacing a vehicle)
• Future economic damages (medical bills; lost wages; rental car; property damage, including repairing or replacing a vehicle)

At O’Brien Boyd, the first thing an attorney does is sit down with you and tell you exactly what you need to do to protect your rights. For example, here are a few things you may not know:

• Insurance companies can often settle cases for just 10 percent of what they’re really worth, if you don’t have an attorney
• You might be entitled to a rental vehicle; for example, if you normally drive several children in a van, you are entitled to have the insurance company provide you with a van, not a subcompact
• Insurance companies are supposed to add sales tax if they’re paying to replace your car
• In most car crashes, there are at least three or four different insurances involved, each with its own notice requirements

You can schedule a one-hour personal appointment with an O’Brien Boyd attorney at absolutely no charge to you. Just come in, let the attorney review your situation and answer your questions, and then you and your family can take your time and decide if you want to move forward with a claim. (Just remember that some forms must be filed within 30 days to get medical bills and lost wages.)

Even if you’ve just been rear-ended, or it’s a no-fault collision, it’s important that you meet with an attorney at O’Brien Boyd as soon as possible after your accident to review your forms. After all, that’s what the insurance companies are doing with their professional investigators and adjustors. And O’Brien Boyd can tell you things the insurance company doesn’t want you to know – like the fact that, with a no-fault case, you can see any doctor you want, without a referral.

What should I do if I’ve been in a car accident?

Following these steps doesn’t mean you have to file a lawsuit. But the more information you have, often the faster and easier it is to settle a dispute. Even if you haven’t yet completed all these steps, it’s still better late than never.

• Notify the police immediately and ask for a copy of the police report.
• If you or someone in your car sustains an injury, seek medical attention immediately.
• Write down names, addresses, phone numbers and license plate numbers of people involved, including passengers and possible witnesses. Don’t count on police or others to do this for you.
• Have someone you know take pictures of the accident scene and of the injury, if possible.
• Notify your insurance company, but do NOT accept legal advice from them. Insurance adjusters are not allowed to give you legal advice. And no matter how well you know and trust your insurance agents, remember, they have to look out for their own bottom line – not necessarily for your best interests.

If you have been injured in a car crash – or a loved one has been injured or even killed – please call 716-839-7777, e-mail an attorney at O’Brien Boyd, or fill out this form to see if you have a case.