Its participants, in extreme situations, acting under great shock, do things they are later unable to rationally explain, e.g., walking with a broken leg, not feeling pain even with very extensive injuries. We are unable to prepare for such a situation.
Attorney Andrzej Kamiński, in the interview below, provides information worth keeping, because after reading it, it might slip from our memory if it doesn’t concern us at the moment, but it could be useful for us or for someone close to us. Moreover, in 1986, the attorney himself survived a serious car accident, from which he was saved thanks to quick help and the professionalism of doctors. However, recovery required many operations, long and costly rehabilitation.
I remember those difficult moments, but thanks to them, I know what the injured feel and how I can help them – says the attorney.
– What is most important when a car accident occurs?
– Health, because it is always the most important. Regardless of the scale of injuries, after an accident, even the smallest symptoms of bodily harm should not be underestimated. Sometimes dangerous consequences of an accident remain initially hidden or imperceptible due to the shock experienced. Medical personnel have vast experience and can identify many hidden injuries immediately at the scene of the accident. Therefore, if possible, please provide as much information as possible to the paramedics called to the scene, and later to the doctors in the hospital. Injuries visible to the naked eye are obvious, but very often hidden ones can be much more dangerous. You should tell the doctors where it hurts, how it hurts, where the injured person was at the time of the accident or where they hit themselves (even if there are no symptoms of body injury yet). At any time, if the injured person remembers any significant circumstances from the moment of the accident concerning their health, they should be communicated to the doctors as soon as possible.
– Does the police always come to the scene of an accident?
– Of course, they will arrive with the ambulance. While medical personnel attend to saving the health and lives of the injured, police officers will secure the accident scene, gather information about the incident, and take witness statements. It is very important to provide the police with all circumstances of the accident, as based on this information, the police will prepare a report, which will later be a significant document in the further stages of any potential case. If the accident participants are able, they should take photos of the accident scene, collect contact details of witnesses, and contact an attorney as soon as possible. If the injured are unable to take photos themselves, they can ask one of the witnesses.
– When should documents be submitted to the insurance company?
– Preferably as soon as possible. Timely submission of all required documents to the correct insurance company will be of great importance for any potential case. I encourage you to contact an attorney, because if the permissible deadline is exceeded or documents are submitted on time but to the wrong insurance company, you may permanently lose the ability to assert your rights. In car accidents, No-Fault insurance is most commonly applied. This means that regardless of which party is at fault for the accident, the insurance company of the car in which the injured person was at the time of the accident will cover medical costs and pay them lost earnings, up to a maximum of $2,000 per month, for the period of incapacity for work, up to a total maximum amount of $50,000. If the car did not have insurance, the injured person can use their own car’s insurance in this regard. If the injured person does not own a car, the obligations are taken over by MVAIC, which is the NY state compensation fund.
– Who determines the ability or inability to work after an accident?
– A doctor always does this. They must unequivocally confirm the connection with the inability to work. They must also determine how long this inability will last. The No-Fault insurance company has the right to verify at any stage of benefit payments whether the injured person still needs medical care and replacement earnings. It then directs them for an examination by a doctor it designates, who prepares a written opinion on the matter. No-Fault may challenge the injured person’s continued entitlement to the above benefits, considering that they have already recovered and are ready to return to work. The same will apply if the sum of No-Fault benefits paid reaches the $50,000 limit. If the injured person owns their own car, it should also be checked whether they are entitled to additional benefits (medical and lost wages) under their own insurance, the value of which was not covered by the $50,000 No-Fault insurance amount. I leave for consideration the possibility of purchasing “Double No-Fault” for your own vehicle. The upper limit of payments is then $100,000. It should also be remembered that No-Fault will refuse any payments and benefits from the very beginning if the injured person turns out to be ineligible for them. For example, if the injured person is a motorcyclist, No-Fault benefits do not apply to them.
– Can a civil lawsuit be filed if the accident was not our fault?
– Of course, but not every accident qualifies for a civil case. No-Fault insurance does not pay compensation for pain and suffering. Even if it turns out that the same insurance company will be responsible for covering losses related to the pain and suffering experienced by the injured, the case will proceed according to a completely different procedure. A civil lawsuit must be filed against the at-fault party, their fault must be proven, and the damages incurred must be demonstrated. If, as part of the ongoing investigation and case assessment, it turns out that one of the parties is at fault for the accident, it should be examined whether they can be sued in a civil case, because not every accident qualifies for this. Specific legal criteria must be met. An experienced attorney will examine your case, check whether a summary court review of the case can be applied. In such a case, the judge identifies the party at fault for the incident, and it remains to be decided whether the injured party suffered serious injuries and what compensation they are entitled to for this. In a civil case, there is no upper limit on the amount of compensation an injured party can receive. Each insurance company, of course, conducts its own assessment and calculates to what extent it may be responsible for damages caused by its insured. If at some stage of the case it concludes that, regardless of the trial, it will have to pay compensation, then perhaps instead of getting bogged down in costly court proceedings, it will decide to reach a settlement with the injured party. It will then propose a settlement amount. This can be accepted or rejected by the injured party. If the injured party, in agreement with their attorney, believes that the proposed amount is too low and that they can win more in a court case, they can negotiate the settlement proposal or reject it immediately.
– Are road accident cases complicated?
– Very much so. If it goes to trial, it will be necessary to meticulously respond to documents presented by the other party to the proceedings. Often, additional experts need to be engaged to prepare opinions and, if necessary, testify in court. Each party will call its own witnesses. The injured party will be examined by independent doctors who will assess their health condition and the connection of any injuries to the accident. Therefore, if such a need arises, I invite you to my office. We work on civil cases together with a group of attorneys, each of whom brings their individual experience to best protect our client’s interests.
Please note that this article does not constitute legal advice, but merely general information. You should not rely solely on the content of the article when making legal decisions, but should always consult with an attorney.
