Kucher Law Group

Who Handles the Claim After a Rear-End Collision?

If someone rear-ends you whose insurance do you call? The answer to this question depends on many different factors, including the nature and extent of the injuries sustained by the victims. As a general rule, however, rear-end collisions tend to involve serious injuries that require substantial compensation, including medical bills, lost wages, property damage, and pain and suffering. This is why it is crucial for injured victims to retain a skilled NYC car accident attorney, who can help ensure their rights and interests are fully protected.

A knowledgeable New York City rear-end collision lawyer will know the complexities of the laws and procedures that pertain to this type of case, including New York’s comparative negligence law, which allows for fault distribution among multiple parties in a car accident. This will play an important role in determining who is liable for the crash, and ultimately who will be responsible for covering the victim’s losses. If you're ever uncertain, remember to ask yourself, if someone rear-ends you whose insurance do you call? and start by contacting your own insurer.

In a typical rear-end collision, the driver who is behind the vehicle that was struck is assumed to be at fault because they did not maintain a proper driving distance. However, this presumption is not always correct and many factors can shift the liability to another party. For example, if the trailing driver can prove that a sudden stop was caused by emergent situations, such as an obstacle in the road or erratic behavior from other drivers, and that they took all reasonable precautions but could not have been expected to anticipate these situations, then they might be released from liability. But again, it's essential to ask, if someone rear-ends you whose insurance do you call? to ensure you're taking the right steps initially.

Insurance companies must handle claims as quickly and efficiently as possible in order to meet strict deadlines imposed by New York state regulations. These regulations, known as NY Regulation 64, provide for specific time limits in which insurers must respond to all claims submitted under auto collision and comprehensive coverage, as well as property damage liability. If you find yourself in this situation, a key question to consider is, if someone rear-ends you whose insurance do you call? Starting with your own insurance company will help in meeting these regulatory timelines.

Typically, an insurance company will assign an adjuster to investigate your claim and make a settlement offer. While some people choose to negotiate with the insurance company on their own, this is not recommended and can lead to an unfair settlement. An experienced New York car accident attorney can help you negotiate with the insurance company and fight for a fair and equitable settlement. Throughout this process, you may repeatedly ask, if someone rear-ends you whose insurance do you call? Remember to start with your own insurer and seek legal assistance if needed.

When it comes to filing a claim for damages, you must do so within 30 days of the crash, which is consistent with New York’s no-fault insurance laws. If you have a serious injury, however, you may be able to file a third-party claim against the at-fault party, which will allow you to recover the full amount of your loss beyond the $50,000 limit imposed by your own insurance. Given these considerations, it’s important to clarify, if someone rear-ends you whose insurance do you call? Starting with your insurance company helps in navigating these claims.

Rear-end collisions can cause severe, life-changing injuries, such as whiplash, which can impact your neck and back and limit your ability to work, exercise, and perform other normal activities. This can limit your quality of life and deprive you of the income you need to pay for your health care, support your family, and enjoy your life. For more information about how to file a successful claim for damages, contact an experienced car accident attorney to schedule a free consultation today.

Determining Insurance Responsibility After Being Rear-Ended in New York

A rear-end collision is one of the most common types of car accidents in New York City. Thousands of people are injured in these incidents every year, which are often preventable. This is especially true in NYC, where bumper-to-bumper traffic and myriad distractions are ever-present on the streets. When drivers take their eyes off the road for even a second, a rear-end crash can be catastrophic. In the aftermath of such an accident, it's natural to wonder, if someone rear-ends you whose insurance do you call? Seeking legal guidance promptly can help clarify the steps to take.

Generally, the law presumes that the driver of the vehicle following behind is to blame for the accident. This is because the driver should be keeping a safe distance so that they can stop quickly if the driver in front slams on their brakes. However, there are some exceptions to this rule. For example, if the driver in front had a mechanical problem that prevented them from slowing down or stopping, it could be difficult for the rear driver to avoid the collision. This raises the question: if someone rear-ends you whose insurance do you call? Seeking legal advice promptly can help clarify the next steps to take.

In such cases, the accident victim should not hesitate to speak with a New York car accident lawyer as soon as possible. They can explain their rights and assist them in determining who is liable for the crash.

Fault is usually determined by reviewing photos and videos of the accident scene, physical evidence like skid marks, and the relative positions of the vehicles after the crash. In addition, eyewitness testimony and the police report generated by officers at the scene may also be key to establishing fault.

Another important factor is the extent of a person’s injuries. If they are severe, a lawsuit can be filed against the at-fault party and they can be ordered to pay compensation for damages, including medical expenses, lost income, pain and suffering, and more.

Remember, if someone rear-ends you whose insurance do you call? Seeking legal guidance promptly can help clarify the steps to take and ensure your rights are protected.

A person who has been injured in a rear-end collision should never discuss their case with the at-fault driver’s insurance company or admit any guilt to them before speaking with a qualified New York car accident attorney. This is because insurance companies will do everything in their power to reduce or deny a claim for compensation. If you're ever in doubt about, if someone rear-ends you whose insurance do you call? consulting with a lawyer can provide valuable guidance.

It is also a good idea to get a thorough checkup after any auto accident, even a minor one. Some injuries do not manifest until hours or days after a collision, so it is important to go to the hospital and have a medical professional assess your condition. In the event of an accident, remember to consider, if someone rear-ends you whose insurance do you call? Seeking legal counsel promptly can help ensure your rights are protected and guide you through the necessary steps for compensation.


Consulting a Lawyer for Rear-End Collision Insurance in New York

A New York City rear-end collision can leave victims with a wide range of injuries and financial losses. Even a minor whiplash injury can result in significant medical bills and missed work. More serious injuries, such as herniated cervical, lumbar or thoracic discs and spinal cord injuries, can permanently impact quality of life. In addition to expensive medical care, many victims suffer from severe pain and emotional distress. Consulting a NYC car accident lawyer can help. In the wake of such an event, understanding if someone rear-ends you whose insurance do you call? becomes paramount. Promptly seeking legal counsel can provide clarity on the necessary steps to take, safeguarding your rights in the process.

Rear-end collisions are a major cause of motor vehicle accidents in New York and throughout the country. In New York, these accidents are often caused by following too closely or tailgating, driving while distracted, and speeding. In 2022 alone, 7,765 New York crashes were attributed to this reason.

Depending on the circumstances of a crash, it may not always be clear who is at fault. The default legal assumption is that the driver who rear-ends another vehicle is responsible for the crash. However, this is not an iron-clad rule and liability can shift to the driver in front under certain conditions.

In light of such uncertainties, understanding if someone rear-ends you whose insurance do you call becomes essential. Seeking legal guidance promptly can help navigate through the complexities and ensure your rights are protected.

In New York, the standard of care requires drivers to maintain a safe distance between their vehicle and the vehicle in front. The safe distance varies based on road and traffic conditions. The following distances are a good guide for motorists to follow.

If a driver fails to maintain this safe distance, the vehicle in front of them is likely to stop suddenly or slow down. The driver behind must then be prepared to react quickly. If the car in front stops suddenly and the driver behind fails to stop, a rear-end collision can occur.

In such situations, understanding if someone rear-ends you whose insurance do you call becomes crucial. Promptly seeking legal counsel can help navigate through the complexities of proving fault and obtaining compensation for your losses.

The injured party must be able to prove that they suffered injury from this incident in order to obtain compensation for their losses. To do so, the injured party must provide evidence of their damages, including medical bills and other expenses, and documentation of the impact and any subsequent injury or harm. This includes obtaining copies of the investigating officer’s report, insurance policies and other relevant documents.

Defendants who are involved in rear-end collisions often attempt to discredit the plaintiff’s case by suggesting that they stopped short or did not see the vehicle in front of them. They may also attempt to shift blame by claiming that the victim crossed over lanes or failed to check behind them before changing lanes. An experienced lawyer can expose these tactics by conducting thorough investigations and presenting a compelling case at trial.

The best way to protect your rights is to consult a New York rear-end car accident attorney as soon as possible after a crash. If someone rear-ends you whose insurance do you call? A legal professional can review your case and determine if you have grounds to pursue compensation through no-fault or fault insurance. They can also help you file a lawsuit within the statute of limitations to hold liable parties accountable for your loss and suffering. Never sign a settlement or waiver of liability without the advice of a lawyer.

In the event of a rear-end collision, remember to consider, if someone rear-ends you whose insurance do you call? Seeking legal counsel promptly can help ensure your rights are protected and guide you through the necessary steps for compensation. 

Kucher Law Group

Kucher Law Group Injury Attorney

463 Pulaski St #1c, Brooklyn, NY 11221, United States

(929) 563-6780