New York Divorce Lawyer
Accidents Happen
By Jeffrey B. Peltz, Esq.
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       No one plans on being in an accident.  But many of us, at some point in our lives, do find ourselves involved in auto accidents.  My family, for instance recently had an accident. It was Friday of the Memorial Day Weekend.  My wife, son, and I were tightly packed into our little Honda.  We were headed for a long weekend to one of our favorite destinations, Chincoteague, Virginia. 

       About a half-hour from home we stopped in traffic on the Verrazano Bridge when, out of nowhere, came a tremendous impact.  Someone had slammed into the rear of our car.  We all seemed unhurt.  But the impact had ripped the radio from the dashboard, and the contents of the car were scattered around.  I got of the car and walked back to see what had happened.  The driver of the car had hit us was standing beside her car, shouting, “I’m sorry.  I stepped on the gas instead of the brake!” 

       The impact had pushed our car into the car in front.  The driver of that car looked at the rear of her car, saw no damage, and drove off. I told the driver of the car who had hit us to follow us to Staten Island end of the bridge and to pull over to exchange information. 

       When we pulled over, I saw that our car have been damaged, but I could not even guess how much it would cost to repair.  Her car had suffered no visible damage.  The other driver seemed very nice, and it was easy to sympathize with her.  She asked me not to report the accident to either the police or my insurance company, she would pay us directly.  I gave the matter some thought and decided that failing to report the accident would not be a good idea.  What if she decided afterward not to pay for repairing our car?  And what if we later discovered that one of us had been injured? In fact, my wife in particular had a large red mark on her neck, where the shoulder strap had caught her. 

       When the police arrived, they offered us a choice of whether to file a report.  Although I still felt bad for the other driver, I elected to make a report.  Since she did not have a current insurance card with her, she received a summons.  A little more than an hour later, we were again on our way to Chincoteague.

       As it turned put, my wife and I felt better after a couple of days.  But the car’s frame was bent, and it cost $1,400 to repair.  The other driver’s insurance company paid the entire bill. 

       This story has two lessons for all of us.  First of all: No matter how much someone tries to talk you out of doing something you know you should do, stick to your guns.  If I had let the other driver talk me out of making a report, it is quite possible that once she found out the actual cost of the repair, she would not have paid.  Second: If you are ever involved in automobile accident, get the license plate number of the other car, move to a safe place nearby, and exchange information. 

       You should always keep paper and a working pen or pencil in your car.  When you and the other driver are in a safe place, copy information from each other’s papers: name, address, driver’s license, number, license plate numbers, and insurance company name and policy number.  If there are witnesses write down their names, telephone numbers, and addresses.  If anyone is injured or if there is property damage, call the police, and cooperate with them.  Tell them briefly what happened.  Write down their names, and ask for an accident report number.  If anyone in your car seems to been injured seen to it that that person gets to a hospital emergency room.  As soon as you can, telephone your attorney.  If you are admitted to the hospital, your attorney will come and see you. 

       Make no statements to anyone other than the police.  Someone may try to trick you into saying something that your shouldn’t.  Do not let anyone-whether it is a bystander, tow truck operator, or hospital staff member-push a lawyer onto you.  Such actions are illegal, as well as sleazy, but they do happen.  You’ll be well advised to avoid any attorney who would resort to such tactics.  Some hospital staff members are known to say that to you use what they call the “hospital lawyer”, you will not have to worry about the bill.  That is a part-truth, and we all know that a part-truth is in effect a whole lie.  Actually, under New York State law, your hospital bill will be covered, no matter which lawyer represents you.  If you decide to have our law firm represent you, we will help you obtain all the medical benefits and compensation you are entitled to.  We represent all clients aggressively, diligently, and well.


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