Going Beyond PIP Coverage
If you meet any of the above criteria, you may be able to seek additional damages beyond your PIP coverage. A fault-based claim or lawsuit allows you to pursue damages for your pain and suffering and losses that exceed the maximum limits of your PIP coverage. Rosenberg & Gluck, LLP can help you pursue a compensation claim against a liable third party, generally the driver who hit you from behind in a rear-end crash.
Driver Actions That Often Lead to Rear-End Collisions
Many factors can play a role in vehicle collisions that lead to injuries and fatalities. Rear-end crashes are not always minor, low-speed accidents. In fact, rear-end collisions are dangerous and can be deadly.
According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for nearly 50 percent of all reported vehicle collisions, and an estimated 1,700 people die because of rear-end collisions every year.
The NHTSA reports that most rear-end collisions are caused by drivers failing to pay attention to the traffic in front of them.
This negligence could be due to:
- Texting and driving
- Communicating with other car occupants
- Drowsy driving
- Eating, drinking, or taking their hands off the wheel
- Managing the radio or climate controls while driving
Generally, drivers are responsible for leaving enough stopping distance between their vehicle and the one in front of them while driving. Maintaining a safe following distance and driving at an appropriate speed are essential for preventing rear-end collisions.
Proving Legal Responsibility
New York traffic laws presume the rear driver is legally responsible, and the courts have a long history of upholding this fact in civil suits. However, we still need to develop a strong argument to show negligence and fault to hold the rear driver legally responsible for our client’s damages.
This generally requires us to show:
- The driver had a duty to leave a safe following distance and stop or slow down to avoid a collision
- The driver failed to do so
- This caused the rear-end crash
- The victim (our client) suffered serious injuries as a result
Filing Your Rear-End Collision Case on Long Island
Our attorneys can help with your PIP insurance claim, auto liability claims against the at-fault driver, and lawsuits in Nassau or Suffolk County courts as well as elsewhere in New York. We handle all aspects of your case, allowing you to focus on healing and getting back to your normal activities.
We gather the necessary evidence, document your client’s damages, and approach the at-fault driver’s insurer to demand a fair settlement.
The several possible outcomes to this include:
- The insurer agrees to pay the money
- The insurer counteroffers with a lower amount
- The insurer denies the claim and we pursue compensation through a lawsuit
Managing the Negotiation Process
In most rear-end collision claims, the at-fault driver’s insurance company responds to our demand letter with a counteroffer and the settlement negotiation process begins. Our team uses proven negotiation techniques, strong evidentiary support for your case, and other resources to seek a fair settlement on your behalf.
This process can take several weeks or months, or longer, many phone calls, emails, and face-to-face meetings, and a lot of work. However, we will fight for a settlement that falls within the range we calculated based on your expenses and losses. Negotiating a fair settlement is the most common way we win compensation for our clients in auto collision cases.
Filing a Lawsuit
Sometimes, we may need to sue the at-fault driver rather than focusing solely on settling with their insurer.
This could occur because:
- We are running out of time to sue
- The insurer denies responsibility and refuses to pay the claim
- The insurance company will not agree to a fair settlement
- Other circumstances that make it necessary to sue or go to trial
If we need to sue the at-fault driver in your case, we generally only have three years to do so. New York law sets this deadline for most personal injury cases, including rear-end collisions on Long Island. There are exceptions, but many give the victim less time to act, not more. We can assess the deadline in your case during your free initial consultation with our team.
Contact Us After Your Rear-End Collision on Long Island
A rear-end collision that injures you or a family member could lay the foundation of a personal injury claim or lawsuit. Our personal injury lawyers can manage your case while you concentrate on recovering from your injuries. We will evaluate your case with you for free today, with no upfront fees or costs.
To get started and learn more about your legal options, speak to a team member at Rosenberg & Gluck, LLP about your Long Island rear-end collision. We assist potential clients in both English and Spanish.