Brooklyn Motor Vehicle Accidents Lawyer
Brooklyn’s large and dense population and proximity to Manhattan make it the unfortunate home for a high number of motor vehicle accidents. In fact, crashes in Brooklyn outnumber those in Manhattan by a factor of 1.7. In 2019, 70 people lost their lives in a Brooklyn car accident, and 15,726 others were injured. Of those injuries, 2,822 were classified as moderate to serious.
Individuals with more serious injuries have needs that go beyond what New York’s Personal Injury Protection (PIP) can provide. Michael Gunzburg, P.C. takes on the serious cases and lifts them out of New York’s no-fault system by filing claims directly against the at-fault, negligent drivers and the insurance companies who represent them. We have 37 years of experience representing motor vehicle accident injury victims in Brooklyn and have recovered significant compensation through settlements and jury verdicts, including numerous multi-million dollar awards. If you’ve been hurt in a Brooklyn motor vehicle accident, call Michael Gunzburg, P.C. for help.
What Is the Difference Between Fault and No-Fault in a Brooklyn Car Accident?
All New York drivers are required to carry no-fault coverage known as Personal Injury Protection (PIP), as well as liability insurance to cover bodily injury and property damage. After a crash in Brooklyn, your first place to turn is your PIP coverage for no-fault benefits. A basic policy pays up to $50,000 for medical and health expenses, lost earnings, and other qualified reasonable necessary related expenses. Specifically, PIP covers:
- All reasonable and necessary accident-related medical and rehabilitation expenses
- 80% of lost earnings up to a maximum of $2,000 per month for up to three years
- As much as $25 a day for other reasonable and necessary expenses, such as household help or transportation to and from the doctor, for up to a year
- In the event of a fatal accident, PIP coverage pays a $2,000 death benefit as well
PIP benefits are no-fault coverage, meaning it doesn’t matter if the accident was your fault or the other driver’s. In a fault claim, on the other hand, you do have to prove that the other driver was negligent, and any of your own negligence that contributed to the crash will reduce the amount you can recover. Drivers are required by law to carry a minimum amount of liability insurance known as 25/50/10. This insurance covers:
- $25,000 for bodily injury or $50,000 for death to any one person injured or killed in the accident
- $50,000 for bodily injury or $100,000 for death if more than one person is hurt or killed
- $10,000 for property damage
A fault claim can only be pursued by someone who suffered a “serious injury” as defined in New York law. In a fault claim, the injury victim has to prove the other driver’s negligence and can recover economic damages as well as pain and suffering. A “serious injury” is defined as one of the following:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- 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 90 days during the 180 days immediately following the occurrence of the injury or impairment.
At Michael Gunzburg, P.C., we focus our practice on serious injury fault claims. Call our office for an evaluation of your claim after a Brooklyn motor vehicle accident.
What if the Driver Who Hit Me Didn’t Have Insurance?
Brooklyn Uninsured Motorist Claims
Just about every state has some form of mandatory auto insurance laws, but even though insurance is required, many drivers skip coverage and take their chances they won’t cause a crash. At 6.1%, New York has the lowest rate of uninsured drivers in the country, but that still means over 278,000 vehicles on New York streets without insurance coverage. The odds are greater than one in 20 that the driver who hits you is uninsured.
If you are in the majority of people in Brooklyn who carry required PIP and liability insurance, then you also have uninsured motorist (UM) coverage as well. Your UM limits are the same as the bodily injury coverage you carry. If the driver who hits you doesn’t have insurance, you can make a UM claim with your insurance company. UM coverage also applies to hit-and-run accidents when the negligent driver doesn’t stop.
Get Dedicated Legal Help After a Serious Brooklyn Motor Vehicle Accident
Getting the full amount of compensation due to you isn’t easy, whether you are negotiating a settlement with your insurance provider or taking the other driver to court. This is what we do at Michael Gunzburg, P.C., and we do it with a deep commitment to obtaining the best results for our clients every time. If you’ve been hurt in a serious Brooklyn motor vehicle accident, call Michael Gunzburg, P.C. at 212-725-8500 for a free consultation, and find out how our experienced Brooklyn car crash attorney can help.
