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You may have seen commercials, advertisements or billboards regarding our mesothelioma and asbestos litigation practice. You may have retained us to represent you in a legal claim for mesothelioma, lung cancer or other work-related injury or disease. Do you know that we also handle personal injury claims for motor vehicle accidents?

The attorneys at Lipsitz & Ponterio would be happy to sit down with you and discuss your legal rights in the event you or a family member is involved in a motor vehicle accident and suffers a serious injury.

Motor vehicle accidents are common. These accidents may involve a pedestrian, bicycle, bus, motorcycle, truck or passenger car. Injuries may occur as a result of a fender bender or as a result of a more serious collision. In addition to the emotional stress associated with an accident, you may also be faced with debilitating physical pain and suffering. There may be damage to your vehicle and you may have to make numerous telephone calls to your insurance provider. Your first priority should be to seek medical treatment for your injuries. Your second priority should be a telephone call to Lipsitz & Ponterio to discuss your potential claim.

New York State follows a “no-fault” insurance system. If you carry New York State motor vehicle insurance, your insurance carrier typically provides coverage for any injury claim you make after a car accident. It does not matter who was at fault for the accident, which is why it is called no-fault. Many accident claims will begin and end with the injured person receiving a settlement from his or her own insurance provider. These benefits are paid through the New York State no-fault system. To obtain no-fault benefits, you must file a written application with your insurance company within thirty (30) days of the accident. No-fault benefits are generally capped at $50,000 and cover basic economic loss, including hospital and medical expenses and lost wages equal to eighty percent (80%) of your salary (up to $2,000 per month).

Insurance companies do not always have your best interests in mind. If you are seriously injured, you need an attorney to protect your rights during the entire post-accident process. A serious personal injury is any injury which prevents a person from performing normal activities for at least 90 days of the 180 days immediately following the accident. The no-fault system does not compensate for pain and suffering or the filing of a lawsuit against the driver who caused the accident. Lipsitz & Ponterio has experience in this area, and we will file a lawsuit on your behalf, help build the facts of your case and meet time deadlines and notice requirements. 


Following an Automobile Accident:

  1. If you have been injured, seek medical treatment.
  2. Call the police and obtain the police report.
  3. Call your insurance company.
  4. Exchange insurance information and names, addresses and license plate numbers with all parties involved.
  5. Make no statements alleging fault of the accident.
  6. Obtain the name, address and telephone number of any witnesses.