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Car Accident Lawyers Albany, NY

car accident lawyers albany ny

If you have been injured in a car accident, it is important to understand this: Many accident victims lose their chance for a full financial recovery by trying to handle insurance issues on their own. Don’t make this mistake. To receive full and fair compensation for medical care and other losses, you will need strong and effective legal representation. Contact our car accident lawyers Albany NY today to fight for the compensation you deserve.

At Bailey, Johnson & Peck, P.C., we have handled car accident cases from both sides – the insurance company and the injured person. This double experience on both sides of personal injury disputes positions our attorneys to achieve optimal results for injury victims and their families. We know what to expect and how to get you the maximum available compensation after an accident. To speak with a car accident lawyer who genuinely cares about your case, call us today at 518-456-0082 to schedule a consultation.

To speak with an experienced personal injury lawyer about your case, call us in Albany at 518-456-0082 or complete our contact form. We can help.

What Do I Do After a Car Accident?

car accident lawyer albany ny

Immediately following a car accident, there are certain steps you should take in order to give your case the best chance possible. We list these below.

  • Call 911. Make sure to get a copy of the police report once it’s written, as this can greatly impact your car accident claim.
  • Gather information at the scene if possible. Get the license plate number of the other driver/s, as well as their insurance information. Take pictures and videos of the scene in as much detail as you can. Obtain contact information from all witnesses before they leave the scene.
  • Seek medical treatment as soon as possible. Even if you don’t think you suffered an injury, it’s important to have a doctor examine you. This allows you to generate a paper trail for any injuries you sustained. You might only have a bump or bruise at first, but over time things can worsen. Documentation is important in these cases.
  • Contact a car accident lawyer right away. You should reach out to someone with significant personal injury experience, and preferably someone who has handled more than a few car accident claims. The more experienced, the better.
  • Refuse to give a statement or accept a settlement offer before speaking with your lawyer. When an insurance company calls you about the accident, they most likely want to either reduce your compensation or deny it altogether. Refusing to speak to them without your attorney will help shield you from this.

What Are Your Legal Options After an Albany Car Accident?

albany car accident lawyers

After a car, motorcycle, or truck accident, one of the first things to do is seek medical attention. Injuries from car accidents may be immediate, or they could become apparent later. A thorough medical exam can help you understand the full extent of your injuries — and help you get the treatment you need to recover.

For many car accident victims, filing a personal injury claim is more than a choice. It could be a financial necessity. We work closely with our clients to help them get the maximum available compensation for their injuries and other economic losses.

What Types of Challenges Do Injured Victims Face from Insurers?

albany car accident lawyer

Aside from the challenges of handling a car accident claim, auto accident victims often face a number of challenges from insurance companies. Your Albany New York personal injury attorney will most likely warn you about the following issues.

  • Your settlement offer doesn’t cover everything. Insurance serves the purpose of protecting people from financial losses in the event of an accident. However, some insurance companies engage in bad faith practices and want to limit your payout. Below, we list the accident-related expenses that your company should cover.
    • Medical bills and medical expenses for the victim’s injuries
    • Physical and emotional therapy, if needed
    • Lost earning capacity and lost wages
    • Pain and suffering
    • Damage to your property
  • Your provider pressures you to accept. Especially when insurers present you with a low-ball offer, they’ll want you to accept it as soon as possible. However, this is very rarely a good idea. It sometimes takes weeks or even months to assess the damage. That’s why you should wait to accept an offer until you know it’s fair.
  • They don’t properly explain their low-ball offer. If they can’t provide a reason for offering a settlement that falls well below your policy limit, there is a chance they are not acting in good faith. You deserve a clear explanation and a fair offer for your injuries.
  • The company disputes your injuries. Accidents can result in very serious harm, such as spinal cord injuries and traumatic brain injuries. If your insurance company disputes the extent of your injuries, it’s important to get in touch with both your lawyer and your doctor to prove how serious they are.
  • They blame you for the accident. According to New York negligence laws, a victim’s compensation is reduced by the percentage that they were found to be at fault for the accident. An insurance company may attempt to place the blame on you to avoid a payout, or to reduce it.

Our Auto Accident Lawyers Handle All Types of Cases

albany car accident attorneys

At Bailey, Johnson, and Peck, we don’t just handle car accidents. We handle a variety of cases on behalf of motor vehicle accident victims. The following are just a few of the cases we have experience litigating.

  • Car crash cases
  • Distracted driving cases
  • Drunk driving cases
  • Commercial vehicle accidents
  • Head-on collision cases
  • Both minor injuries and serious injuries
  • Broken bones
  • Spinal injuries
  • Internal injuries
  • Rear-end accidents

Car Accidents and Determining Who Is at Fault

In New York, fault for the accident does not affect your ability to file an injury claim through your insurance company. Even if you contributed to the crash, you can seek compensation for injuries. Keep in mind that your compensation amount diminishes by the percentage you were at fault for the car accident case.

However, the fault for the accident could matter if you have a major injury, such as the loss of a limb. The at-fault party may owe you significant compensation. Furthermore, a fatal accident may be grounds for a wrongful death claim.

In cases where the other driver’s negligence caused very serious injuries, Bailey, Johnson & Peck, P.C. can take your case one step further. We have extensive trial experience, and we know how to hold negligent drivers and their insurance providers accountable if they refuse to pay the full and fair compensation you deserve.

What Is No-Fault Insurance?

what is no fault insurance

An insurance company may refer to no-fault insurance as personal injury protection insurance or PIP. Albany car accident lawyers see cases involving this insurance often, and it can sometimes affect how the other driver’s insurance company interacts with you.

Generally, this type of insurance intends to help cover both future and immediate medical treatment for car accident injuries. No-fault insurance covers auto accidents regardless of fault. It is different from liability insurance in that it offers coverage regardless of fault, as long as the car crash falls within the terms of your policy.

In the state of New York, no-fault insurance is required. Liability and uninsured motorist insurance types are also required. No-fault insurance generally covers medical expenses, hospital bills, lost income, and funeral expenses. It does not cover theft or vehicle damage.

How New York No-Fault Insurance Works

As a part of the vehicle registration process, drivers must show proof that they carry no-fault insurance with a minimum of $50,000 in coverage for each injured person. As with other types of insurance, this type has its own benefits and limitations. It also has notable exclusions and specific situations in which you can file an insurance claim with the other driver’s insurance company. Importantly, filing a no-fault insurance claim also has strict deadlines. Below, we outline the specifics surrounding this type of insurance.

Benefits:

  • Medical expenses: Including ambulance fees, surgeries, imaging tests, nursing care, rehabilitation, dental fees, prosthetics, medications, and professional health services.
  • Reasonable and necessary expenses: Including up to $25 a day for transportation costs and household help.
  • Lost wages: Including up to 80% of your lost wages which is not taxable.
  • Burial expenses: Including all funeral and burial-related expenses.

Who Is Eligible for No-Fault Benefits in New York?

  • The owner of the vehicle is also named as the insured party on the vehicle’s policy.
  • All passengers involved in the motor vehicle accident.
  • Any members of the insured person’s home if they suffer injuries as a pedestrian.

No-Fault Benefits Exclusions:

According to New York laws, the following individuals are excluded from no-fault coverage.

  • Motorcycle riders
  • Passengers on motorcycles
  • Owners of uninsured vehicles who are driving that vehicle
  • Owners riding in or driving their spouse’s uninsured motor vehicle
  • Non-residents of New York
  • A family member who intentionally causes themselves harm at an accident scene

What Kind of Damages Can an Albany Car Accident Lawyer Get Me?

car accident compensation

If you suffered severe injuries like broken bones, internal injuries, or other injuries, you need experienced car accident attorneys on your side. After a car accident injury, the last thing you’ll want to worry about is dealing with the other driver and their insurance company. Let the Albany car accident lawyers with Bailey, Johnson, and Peck handle it for you. The following are just some of the damages we aim to claim on your behalf.

If a negligent driver and their actions resulted in your suffering terrible injuries that gave you immense pain, you deserve fair compensation for that. An attorney will use your medical reports and medical records to support your legal claim to compensation for pain and suffering. 

Car accidents can be devastating to all parties involved. If you end up spending money for a medical examination or other more extensive treatments, those payments are subject to compensation. As long as your Albany car accident lawyer can produce documents to support your claims, you can likely obtain compensation.

Many people are unable to continue working or to perform the same work that they once did after car accidents. When this happens, they can claim lost earnings and loss of earning capacity. Additionally, if you have to pay for retraining in order to work, you can claim that as well. Speak with an Albany car accident lawyer about how to claim this.

Under New York law, you can seek compensation for the cost of repairing your vehicle after a car accident. This includes car accidents that happened because of a drunk driver or even a driver ignoring traffic signals.

How Much Does a Car Accident Lawyer Cost?

When you’re already bogged down with bills from car accidents, you likely won’t want to pay a huge sum of money upfront to a car accident attorney. Luckily, many car accident attorneys choose to represent clients on a contingency fee basis, meaning they don’t get paid until they secure a recovery for you.

However, it’s also important to read the fine print of a contract before you sign with car crash lawyers. You may find that they want to take too large of a portion of your recovery for your comfort. 

If you have a complicated case, it’s critical that you speak with an Albany car accident attorney who has extensive experience in cases involving motor vehicles. The following are some of the costs associated with hiring a car accident attorney.

  • Hourly rates based on their legal market
  • Contingency fees
  • Court filing fees
  • Expert witnesses
  • Copies of records such as police reports
  • Court reporters
  • Mailing and postage costs
  • Flat fee arrangements
  • Retainer fees

Other Practice Areas We Handle:

Car Accident FAQs:

In New York, it’s standard practice to set the fees at no more than 33.3% of a client’s recovery. One notable exception occurs in medical malpractice cases, in which many attorneys use a sliding scale.

It’s almost always a good idea to hire an Albany car accident attorney for your case. The following are some situations in which a lawyer is basically a necessity.

  • Accidents involving drunk driving
  • Accidents resulting in serious injury either to you, a family member, or someone else
  • Situations in which fault is not readily apparent
  • Crashes involving pedestrians, cyclists, trucks, or other motorists
  • Collisions occurring in a school zone
  • Collisions occurring in work or construction zones
  • Situations in which you disagree with that the police report says
  • Cases involving underinsured or uninsured motorists
  • Situations in which insurance companies make the process difficult or send mixed signals about compensation

Personal injury cases can take anywhere from 4 months to 5 years to conclude. This depends largely on the scale and complexity of the case in question. For a small fender bender, you likely won’t have to wait more than a few months to settle. However, for more complex cases, it could take well over a year.

It’s important to remember that the personal injury statute of limitations in New York is three years from the date of the accident. This means that you have three years from the day you get in the accident to file your claim. However, those who are under 18 years old at the time of the accident usually have more time to file. 

If you fail to meet this deadline, it is likely that a court will throw your case out altogether. One notable exception exists in cases against the government. You only have one year from the date of the accident to file a claim against the government. To file a lawsuit against the state of New York, you only have 90 days to file. Contacting an attorney as soon as possible will ensure that you don’t miss your opportunity to file.

Contact an Albany Auto Accident Attorney Today

In terms of your legal options, the clock starts ticking as soon as the accident happens. Our lawyers can provide prompt guidance to make sure you meet the various deadlines for your case. To set up a consultation, call 518-456-0082 or complete our contact form. We serve clients throughout the Capital District of New York State, including in Albany, Schenectady, and Troy.

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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.

We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.