Staten Island, New York Child Injury Lawyer Blog | Brooklyn Child Accident Attorney » Car Accidents

GEICO Reimburses Client for Lost Wage Claim

Frank Dito — Mon, 23 Nov 2009 23:22:13 +0000

I have blogged earlier about a matter where the client’s claim for lost wage benefits resulting from a car accident was denied. After looking into the denial and reviewing my client’s insurance policy, it was apparent that when she purchased her car insurance, GEICO excluded lost wage coverage from her policy for a cheaper rate. The reduction in her premium amounted to $18.00 per year. Understanding the New York State no-fault law, GEICO, or any other insurer, is required to include in every policy of car insurance written in New York State, protection for Basic Economic Loss. Basic Economic Loss provides for medical care and treatment and lost wages, as well as “other necessary” expenses, if you are injured through the use or operation of a motor vehicle. These basic protections are mandated by law and I began to question GEICO’s ability to exclude these protections. Despite numerous phone calls, GEICO continued to deny the client lost wage benefits based on the exclusion in the policy. I told the client that despite what GEICO claimed, they could not issue such a policy of insurance.

I researched the New York State Department of Insurance General Counsel opinions and found a strikingly similar issue. The opinion was issued in response to a request by a consumer asking if he was able to negotiate a cheaper insurance policy by excluding lost wage protection from his coverage. The General Counsel opinion made it clear that what the consumer proposed could not legally be done in New York state. Every insurance policy must include coverage for Basic Economic Loss.

I filed for arbitration to force GEICO to pay the client the lost wages, despite the policy exclusion. As an exhibit, I attached the New York State Department of Insurance General Counsel opinion. GEICO was due to answer the arbitration request on November 20, 2009. Instead of an answer, I received a phone call from an adjuster agreeing to settle the claim for the full amount owed. Despite the opinion, GEICO defended their actions and still maintained that the policy as sold was permitted in New York.

This case should be a reminder to all to use an insurance broker or read the terms of your policy if you decide to buy online or over the phone. I have published a book, “A Lawyer’s Guide to Car Insurance”, to help you understand your insurance policy and to make sure that you are properly protected. You can order the book, free of charge, by following this link.

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Universal Healthcare? How would it affect my Car Accident?

Frank Dito — Thu, 23 Jul 2009 13:55:35 +0000

You might be asking how President Obama’s health care plan would affect your car accident? You are probably not asking yourself that question because most Staten Island residents have never been involved in a car accident before and haven’t needed medical care after a car accident.

New York, as well as many other states, enacted a no-fault statute that took away some one’s right to start a lawsuit for injuries resulting from a car accident if they didn’t suffer a “serious injury.” A serious injury is something more than a bruise, but recent rulings have said that even herniated discs are not “serious” and you would be unable to bring a lawsuit. Despite your painful injuries, the legislature took this right away from you in exchange for providing some medical benefits to you.

The no-fault laws were enacted to stem the supposed tide of lawsuits brought on by the injured victims of car accidents. The widely accepted belief for the lawsuits was that since injured victims did not have medical insurance, they needed to started a lawsuit to help pay for their medical bills. Does the new health care bill take away the need for no-fault coverage? I believe that it does. Since everyone would be covered, there would be no need to include no-fault coverage in your insurance policy. Car insurance companies would be relieved of the burden to and auto insurance rates would drop dramatically. No longer would the car insurance companies be able to pridefully announce the bust-up of a no-fault fraud ring in New York. I am sure that they would pass that savings on to you. If you believe that, I have a nice bridge to sell you.

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I was in an accident with a police car!

Frank Dito — Fri, 10 Jul 2009 17:34:51 +0000

Silive is reporting that 2 police officers were injured in a car accident while responding to a 911 call. Apparently, as the police were responding to the call, travelling along Hylan Boulevard, another car, driving in the opposite direction, was attempting to make a left turn and hit the drivers door of the police car, sending both cars spinning. The article makes special note that the “lights and sirens” were on at the time of the accident. You may wonder why that fact is so prominently mentioned, especially if you are the driver of the other car. You may be waking up this morning and have a totally different version of how the accident happened, questioning if the police actually had their lights and sirens on.

In New York, the law allows police to speed, run red lights and stop signs and even drive on the opposite side of the street as long as they are responding to a call with their lights and siren’s on. If they did not have their lights and sirens on and an accident happened, they would be negligent, just like you or I would be if we ran a stopsign. But the law allows police officers to be negligent, just not reckless.

Section 1104 of the Vehicle and Traffic Law relieves the driver of a police car from the duty to obey the otherwise-applicable rules and regulations governing the movement of vehicles, but does not relieve the driver from “the consequences of his reckless disregard for the safety of others.” In a personal injury suit against the City of New York, you would need to prove that the police officer was reckless – meaning that the police officer would have to commit an act knowing that harm would follow and not care about the outcome. You would think that would be easy.

Unfortunately, the courts favor to the police officer. In a recent case, a police officer responding to an emergency failed to stop at a stop sign and entered an intersection with a four-lane highway. His view of the traffic was obstructed and he failed to see an oncoming vehicle, resulting in a collision. The courts said that the police officer “enjoyed a qualified privilege pursuant to Vehicle and Traffic Law § 1104 which permitted him to disregard the ordinary rules of prudent and responsible driving.” Even though he couldn’t see other cars, the court said that the officer’s conduct did not amount to reckless disregard for the safety of others.

On Staten Island, we see too frequently police cars going through stops signs and red lights, not because they are responding to an emergency but simply because they feel they don’t have to wait like you or I. With the courts in their favor, and no one to police them, its just another danger that Staten Island residents have to be on the lookout for.

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Unlicensed teen leads police on chase through Staten Island

Frank Dito — Wed, 08 Jul 2009 21:21:16 +0000

Silive is reporting that a teenager led cops on a chase through Staten Island today, causing pedestrians and other drivers to dodge his car as he ran through red lights and stop signs. Although it doesn’t appear that the chase caused any injuries, as an attorney, I always look at “what if?” – what if he did hit a pedestrian or hit a car – whose insurance would cover the loss?

Although the driver was unlicensed, the car he was driving may still be “insured.” The insurance company for that car may try and disclaim coverage – that means that they will say they are not responsible to pay because the terms of the policy were violated – and the car will be “uninsured.” In order for the insurance company to try to disclaim coverage, they may claim that the car was taken without permission by the unlicensed driver. Under the terms of most insurance policies, the lack of ”permissive use” may allow the insurance company to decline any financial responsibility. As the car’s owner, although you have paid your insurance premiums, your insurance company will not stand by you, despite what the TV commercials may say, and you will be left to defend any claims made against you on your own. At your expense.

If you are a pedestrian, and don’t own a car, you may apply for medical benefits and compensation for your pain and suffering through the New York State Motor Vehicle Accident Indemnification Corporation, or MVAIC. MVAIC protects New York State residents from accidents involving ”hit and run” or uninsured drivers. The MVAIC benefits are the minimum financial benefits mandated by New York State law, which in some circumstances, may be insufficient to compensate you for your injuries.

If you own a car, you may be able to proceed under the “uninsured motorist” coverage of your own car insurance policy. If you have done your homework and read my book, A Lawyer’s Guide to Car Insurance, you will have already purchased sufficient insurance to protect you in an accident. If you have only the New York State minimum required insurance, you may not be able to recover enough money to cover your losses.

If the driver was unlicensed but still had the owner’s permission to use the car, that car’s insurance will cover you against the physical and financial losses that you may sustain, provided you reach the “No-Fault Threshold.” Regardless of the extent of your injuries, you will be eligible for no-fault benefits, which provides medical coverage and lost earnings due to the accident. However, unless you sustain a “serious injury” in the accident, you may not be able to sue for your injuries.

It is important that if you own a car, you purchase sufficient insurance to protect you in a car accident. Unfortunately, most people discover too late that their policy doesn’t provide them with enough coverage in the scenarios discussed above. Take the time to read through the declaration page of your insurance policy and speak with your broker to make sure you are covered.

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Hylan Boulevard pedestrian improvements a danger to drivers?

Frank Dito — Mon, 29 Jun 2009 20:51:43 +0000

I am sure that most of you have noticed a few more trees in the median on Hylan Boulevard. Along with those trees, the City of New York Department of Transportation has attempted to improve the safety of pedestrians crossing one of the most dangerous streets on Staten Island. The Staten Island Advance has called Hylan Boulevard Staten Island’s version of the “Boulevard of Death.” Hylan Boulevard has claimed the lives of 5 senior pedestrian’s from 2001-2006. One of the most notorious and deadly intersections is that of Hylan Boulevard and New Dorp Lane. The City of New York has recognized the danger posed to pedestrians and has undertaken an ambitious program to protect pedestrians but at what cost?

The City and the DOT have painted new, high-visibility crosswalks, installed fencing to keep pedestrians safely out of traffic, and painted “stop bars” at the start of the intersection to signal to drivers where they should stop for yellow and red lights at a safe distance from the crosswalk. They have also installed heavy metal “bells” in the median, presumably to protect pedestrians who didn’t have enough time to finish crossing the street from the cars streaking along Hylan Boulevard. Unfortunately, the “bells”, which are approximately 2 1/2 feet high and painted black, are most likely isnbatleld below the site line of most cars and so near the road that they are a danger to cars, especially for turning cars. The shape of the “bells” and their location appear to enable cars to ride up and over them, with potentially devastating effects. It is believed that at least one accident was already caused by these “bells” and it is readily apparent from the scuff marks on the bells that numerous cars have hit them already, just a few weeks after they were installed. In order to protect the pedestrians, should driver’s safety be put at risk? The bells need to be removed or redesigned immediately to prevent any further injury or accidents. Although the safety of pedestrians is paramount, driver’s should not be subject to severe injuries in exchange for their safety.

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An Injury Lawyer Visits a Staten Island Chiropractor

Frank Dito — Fri, 26 Jun 2009 21:07:13 +0000

Yesterday, after dealing for years with chiropractors and physical therapists in my personal injury practice, I went for a treatment. I had hurt my lower back “spring cleaning” and despite rest and the heating pad, I was not feeling better. I have always heard from my clients that without a chiropractors help, they would be unable to walk. With my pain becoming debilitating, I called up a well known Staten Island chiropractor and made an appointment for that afternoon. Driving to my appointment through Staten Island traffic, I was anxious to get started with treatment. Sitting down in my car wasn’t making me feel better. The doctor’s office had me fill out the usual paperwork and then put me in a consultation room. I told the doctor what I did and where it hurt. The pain was in my lower back and an x-ray confirmed that the discs at L4-5 and L5-S1 were out of line. I was first put on a machine that put heavy rollers under my back. Already I could feel my back loosening up. I then transferred to another table where the doctor was able to “pop” my discs back into place. After some heat treatment and electrical stimulus, I felt incredibly better. Despite the sometimes negative view of chiropractors by “medical doctors”, such as orthopedists, they are able to restore mobility and quality of life to those injured in Staten Island car accidents.

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Car Seat Safety

Frank Dito — Sat, 30 May 2009 02:13:29 +0000

As an attorney and father of two young children, nothing angers me more than an incorrectly installed car seat. I have seen firsthand how a car accident can wreck so many lives. The National Highway Transportation Safety Administration reports that car accidents are the leading cause of death among children in the United States, but many of these deaths can be prevented. Placing children in age– and size–appropriate car and booster seats reduces serious and fatal injuries by more than half.

What You Can Do To Keep Your Child Safe:

Seat all children ages 12 and younger in the back seat and be sure they are properly restrained every time they ride with you–even during those quick trips to CVS, which Staten Island has far too many of.
Read the instructions to make sure you are properly installing and using the seat. One study found that 73% of nearly 3,500 observed child restraint systems were misused in a way that could increase a child’s risk of injury in an accident.
Send in your car seat registration card so that the manufacturer can contact you about any recalls. You can also call the NHTSA Auto Safety Hotline at (888) 327–4236 to find out about recalls.
Replace any car seat that was used during a car accident. They are made of styrofoam that compresses in an accident, making them one-time use only.
When choosing a car or booster seat, it’s important to find one that is age–and size– appropriate and fits in your car.
Children should start using a booster seat when they grow out of their child safety seats (usually when they weigh about 40 pounds). They should continue to ride in a booster seat until the shoulder belts in the car fit properly, typically when they are about 4′9″ tall.

Booster seats have been shown to reduce injury risk by 59% compared to safety belts alone, for children ages 4 to 7.

If you have any question or concerns about the installation of your car seat, stop by your local firehouse and ask for free inspection or use the following link to find a Child Safety Seat Inspection Center near you. On Staten Island, the Staten Island Safety City Learning Center is open Monday through Friday 9:00 a.m. to 3:00 p.m. It could be the most important 10 minutes that you spend.

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Insurance Companies Removing Basic No-Fault Protections

Frank Dito — Mon, 04 May 2009 14:52:51 +0000

I have spoken with more and more clients recently about how insurance companies are allowing their insureds to opt-out from basic No-fault protections. No-fault protection was enacted by the New York State Legislature to provide medical and financial benefits to anyone who was injured through the use or operation of a motor vehicle. Every insurance policy written in the State of New York MUSTcontain these basic benefits,which include medical treatment and lost wages from work. It is apparent that for the sake of advertising lower insurance rates, companies are removing benefits, specifically lost wage reimbursement, from the basic New York insurance policy. Unfortunately, clients are not aware of how important this coverage is until after they have had a car accident and are unable to return to work. They should be receiving up to $2,000 a month for their lost time from work but instead receive a denial notifying them that their policy does not include this protection. The insurance companies remove this important benefit so they can advertise a cheaper rate – but by only $25! Clearly this does not benefit the insured but only the insurance companies and their bottom line. With online and TV advertising becoming the way insurance companies sell their policies, it has become increasingly difficult to compare two insurance policies. People buy insurance based on the bottom line and really don’t understand how insurance works until it too late.

Decker, Decker, Dito & Internicola, LLP is currently seeking a ruling from the American Arbitration Association that the insurance companies are not allowed to remove these basic benefits from their insurance policies. Please continue to check back here for updates on this very important issue.

If you have been hurt in a car accident and have been denied no-fault benefits, please contact Frank J. Dito, Jr. at (800) 310-5520 to discuss your legal rights or call for my free book, A Lawyer’s Guide to Car Insurance.

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8 car pile up in Brooklyn

Frank Dito — Sun, 05 Apr 2009 22:34:36 +0000

1010wins is reporting that several people were hurt an 8 car accident early this morning in Brooklyn, New York. The accident occurred about 8:15 a.m. on De Kalb Avenue between Wyckoff Avenue and Stockholm. Two people were taken to Wyckoff Hospital, one in critical condition and the other in serious condition.

If you have been injured in a car accident, please call the law firm of Decker, Decker, Dito & Internicola to speak with an attorney that will let you know your legal rights.

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14-year old Staten Island girl killed in car accident

Frank Dito — Mon, 30 Mar 2009 18:42:38 +0000

Staten Island resident Regina Kriklivy, 14, was killed Sunday night on Route 80 in Roxbury Township, New Jersey, nj.com is reporting. Ms. Kriklivy was a passenger in the back seat of her family’s minivan and was ejected as it spun out of control across the interstate’s east bound lanes at around 7:30 p.m. The Staten Island Advance reported that

Regina Kriklivy was riding in the eastbound lanes when the minivan collided with a school van carrying 14 children from New Jersey, starting a chain of crashes that also involved a tractor-trailer.

Her father Oleg, 45, mother Larisa, 45 and brother Arthur, 18, were also riding in the vehicle but received non-life threatening injuries in the 7:34 a.m. crash. All eastbound lanes of I-80 were closed for nearly eight hours after the crash.

After the minivan collided with the van, it spun across the highway and slammed into a guard rail. Miss Kriklivy was ejected from the minivan when it hit the rail a second time after spinning around.

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