By: Ruben DavidoffDecember 7, 2020
cars in New York on bridge

Auto accidents are often frightening and traumatic events, but the aftermath of one can be a trying time, too. Dealing with insurance adjusters, seeking medical treatment, and getting medical bills paid for can be confusing for many injury victims, especially since there is a lot of misinformation out there.

To ease your worries in the aftermath of a car accident, our Queens car accident attorneys are here to debunk some common New York car accident myths and provide you with the most accurate information on how to safeguard your rights to fair compensation.

1. The Police Report Will Explain Everything.

As you may know, calling the police is a crucial step after a car crash. When a police officer arrives at the scene, he or she will make an accident report that documents critical pieces of evidence; the report will include a wide range of information, including:

  • The time and date of the accident
  • Whether any persons involved are evidently injured or experiencing any pain
  • The statements of both or all drivers involved
  • Witness statements
  • What the accident scene looks like
  • Whether any traffic violations contributed to the accident
  • The weather or road conditions at the time of the accident

All of this information is invaluable when it comes to proving how an accident occurred and who was responsible for causing it. However, conclusions made within the police report are not necessarily the be-all and end-all when it comes to determining liability.

While it may attempt to paint a picture of the events leading up to the crash and be referred to later on, information within the police report can be refuted or proved otherwise with contradictory evidence.

2. If You Don’t Feel Injured, You Don’t Need To File A Claim.

After a collision, you may feel less inclined to file a claim because you don’t necessarily “feel” injured or in pain. However, while it’s true that not everyone feels injured after an accident, this doesn’t mean they got through the experience unscathed.

Some injuries, such as traumatic brain injuries or internal bleeding, are notorious for not showing symptoms until days, weeks, or even months after a crash. You can read one of our recent blogs here to learn more about different types of injuries that produce late-onset symptoms.

Additionally, many crash victims don’t feel pain after a crash because they are in shock. As such, never assume that just because you don’t feel injured right after a car accident, and always seek medical attention and report the event to the insurance company.

3. Fault Doesn’t Matter Because Of No-Fault Laws.

Many states follow fault-based insurance rules, meaning those injured in a car accident will typically file claims through the insurance company of the driver who is found to be at fault for the crash.

New York, on the other hand, is one of a handful of states that actually works on a no-fault insurance system, meaning that those injured in car accidents will typically go through their own insurance companies to get reimbursed for their damages, no matter who is found to be at fault. However, it’s important to understand that fault is still incredibly important in New York car accidents.

This is because there are some situations where you would actually be able to pursue compensation against the at-fault driver. If your damages exceed your insurance coverage, for instance, you would then be able to make a claim against the at-fault driver’s insurance company. If the at-fault driver has no remaining coverage, you may be able to file a lawsuit against them if:

  • The injuries you sustained meet the “serious injury” threshold under New York law
  • Your economic damages (medical expenses, lost wages, etc.) exceed $50,000

4. Car Accident Attorneys Are Too Expensive.

In our experience, so many people remain unaware that car accident attorneys are literally affordable to any person injured in a car crash, and here’s why—most personal injury attorneys, including the ones at Davidoff Law, require absolutely no out-of-pocket fees.

This is because we work on each case on a type of agreement known as contingency fees. With this agreement, our legal team will work on each client’s case without getting paid upfront and we only collect fees if we help win them compensation. At this point in time, we then collect a percentage of the settlement or money won. So, our collected fees are solely “contingent” on whether we are successful in helping our clients. If we don’t help you win, we don’t collect any fees from you. It’s that simple!

Our Priority Is You

At Davidoff Law, our Queens accident attorneys are committed to ensuring that those injured across NYC have quality, committed legal counsel ready to fight for them. We have recovered millions on behalf of our clients. Let us put our skills, knowledge, and experience to work for you so that you can focus on your recovery.

Contact us today at (212) 900-0000 to get started with a no-fee, no-obligation case review today.

Contact Us

If you or a loved one needs the assistance of our personal injury law attorneys, please feel free to contact in the way that is most convenient to you, whether that is calling us at (718) 268-8800 or completing the contact form below. All fields are required.

"*" indicates required fields

By clicking Submit, I am consenting to be contacted via phone, email, and messaging at the contact details number provided above.
Required Field*
This field is for validation purposes and should be left unchanged.