Speakers: Gregory Spektor & Michael Levitis
Michael Levitis 00:05
Good day everybody it’s Michael Levitis from JurisQ.com. We bring it back Gregory Spektor from Gregory Spektor Associates, a personal injury law firm. Gregory, welcome back. Thank you, Michael, it’s nice to see you. We want to make it crystal clear, what happens if you are in a car accident and if you are a driver, if you’re a passenger, if you are pedestrian, and were, God forbid, hit by a car.
So let’s start one at the time. In this session, let’s talk if you are a driver, and let’s say, you are at fault, and you get injured. Let’s start with that, and that will happen if you are a driver, you have no fault, the other car hit you – what compensation is available, please.
Gregory Spektor 00:57
No matter who you are in the vehicle, or outside of the vehicle, if you’re a pedestrian, and no matter whose fault it is, you will be entitled to treatment benefits. Every single policy issued in the state of New York carries a provision of that policy that is called a no-fault portion of the policy that is called that specifically because it doesn’t matter whose fault it is, you still can go ahead and get treatment.
Now, as far as compensation for your injuries, whether they are economic, or you know, pain and suffering, that you are entitled to for injuries that you sustained through someone else’s fault. Now, it does not negate the fact that you might be partially responsible for this accident. There is a statute in the state of New York that provides for what’s called a joint and several liability.
What that entitles you to receive is an apportionment of the other vehicles fault for the injury that you sustained. Let me correct myself, it doesn’t have to be me another, you know, a party, a defendant, in most of the cases. I’ll give you an example. Let’s say for the simplicity of the discussion, let’s say that you have sustained a million dollars worth of injury.
One of those late green lights, early red lights kind of intersection accident, where you are positive that the other cars at fault and the other drivers positive that you’re in full, you know that a lot of times the insurance company will value that 50/50 split, you want to go to fight, and you want to take it to court and you want to present your case to a jury, they’ll see who’s more believable.
They can gauge it one way or another. But let’s just for the purposes of that type of hypothetical. If it’s a 50/50 split, you will be entitled to have a million dollars worth of compensation. If you are a passenger, that’s where it gets. Gregory, I’m gonna stop right there. Because we’re gonna do a separate session just for passengers. I want for a second go back to if you are a driver, and let’s say you hit somebody in the bumper in the back, rear end, but you caused it.
So now, from what I understand, it’s probably is the 100% fault of yours, or is there still some percentage you can carve out for the other driver? Let’s make it simpler with a rear-end there is always a potential of an allegation that the car in front of you stopped short for no particular reason. The car in front of you is going on the mile on the highway 60 miles an hour and all aside hits the brakes.
You will do everything to avoid the accident, you will probably bear the majority of the responsibility for this accident and because you did not keep the safe distance from the vehicle and you were not able to see what there was there to be seen. There was absolutely no reason for that person to hit the brakes in the middle of the highway.
So there will be some apportiment but I guess the best case scenario where you will definitely not be able to recover is if you, let’s say, hit they a light pole. Let’s say, you had a lag bolts, really your fault, and you won’t be able to recover for your pain and suffering for your injuries, but you will be able to proceed with treatment using the no-fault portion of your policy.
Michael Levitis 05:20
Gregory, thank you for explanation. Because not everybody was clear in that. What I want to bring up here is that it’s very important if you think that you are mostly at fault or completely at fault, and you have no chance of any recovery, besides medical treatment, you have no chance of recovery for your pain and suffering and your damages, it’s still worthwhile to talk to somebody who does it for a living like yourself, an attorney to see whether there’s any liability on the part of the other driver, of course not the other objects, like you said, a light pole. carries no responsibility.
However, if there’s not a driver involved, maybe there’s a chance, you can still get some compensation. So that was an important factor to bring out The very simple risk benefit analysis, just you really don’t lose anything by talking to professionals like myself or any of my staff or any other attorney. Because consultations are free.
As a matter of fact, we provide services that are free of charge up until your case is successfully resolved. A lot of times, things would come up upon some further research, that would be game changers. Let’s say, it was a traffic light accident, then we order what’s called a FOIL request from the city and find that the traffic was malfunctioning, then there is not just one potential defendant for just the split of liability, but a full defendant like the New York City. …..You can get a compensation and possibly a large compensation.
Gregory Spektor 07:32
This is something I always say, especially if you’re seriously injured, you know: stay away from talking to your friends or uncle’s or relatives. Everybody feels that they’re very knowledgeable. You want to get professional opinion, you want to get an opinion of somebody, who is licensed to act in the best interest of their client, or a potential client?
Michael Levitis 08:03
Somebody like your firm that actually does this for a living day inand day out. Not only you settle cases, but you actually go to court, you litigate these cases if need be. So you know how to maximize compensation for your clients. Today, we’re giving very general advice. If you want specific advice on your case, you must call the number on the bottom of the screen.
The Law Office, law firm, it’s a whole large firm have been there. I’ve seen it for attorneys associates and paralegals, contact the firm of Gregory Spektor Associates for free consultation and evaluation of your case. Thank you and stay tuned for further sessions. Next, we’re going to talk about what happens if you are a passenger in a car. What happens is that your driver and you’re driving by the way, it could be your even your friend or your relative if they’re at fault, or the other drivers are at fault, so please stay tuned. Thank you, Gregory.
Gregory Spektor 09:01
Thank you, Michael. Take care.
