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Can You File a Car Accident Claim without a Police Report?

You can file a claim following a car accident in Manhattan, even if you did not file a police report. Realistically, many people, for various reasons, choose not to contact the police following an accident. Not having a police report does not hinder you from filing the claim, but it can make getting the compensation you need significantly more challenging. If you did not file a report with the police but need to file a claim, you may benefit from speaking with a car accident lawyer about your case.

Can You Bypass the No-Fault Insurance Requirement in Manhattan?

Only about a dozen states, including New York, have a no-fault auto insurance requirement for all licensed drivers with a registered vehicle. This specific insurance is called personal injury protection. It covers any reasonable and necessary medical bills related to the accident, provides up to $25 per day for expenses like transportation and household help, and comes with a $2,000 death benefit for any individual killed in a car accident. Additionally, you can access up to 80% of your income or $2,000 per month for lost wages lasting as long as three years from the date of the accident. Finally, as a policyholder, your insurance will cover you, anyone driving your car, any pedestrian hit by your vehicle, or any passenger present at the time of the accident.

The benefit of PIP insurance is that it provides you with coverage even if you are entirely at fault for the accident. However, the disadvantage is that it does not cover all lost income or any of the non-economic damages associated with accidents that cause severe physical and psychological injuries. To accommodate auto accident victims with severe injuries, New York has a serious injury threshold for PIP insurance, which allows you to bypass the no-fault insurance system and file a claim or lawsuit against the at-fault driver. Qualifying serious injuries include:

  • Injuries that cause total disability for at least 90 days
  • Significant disfigurement or dismemberment
  • Injuries that cause significantly limited use of a body system or function
  • Fractures or broken bones
  • Injuries that cause permanently limited use of a body member or organ

The idea is that any of these injuries would likely cause substantial medical bills, a need for ongoing medical or rehabilitative care, and psychological problems. Additionally, most people would not be able to work for an extended period or even lose their earning capacity. If you suffered a severe injury in a car accident, an attorney could help you understand your options for compensation even without a police report.

What Evidence Do You Need To Prove a Car Accident Claim in Manhattan?

As the person filing a claim, you are responsible for proving your claims of negligence and claims for damages. Therefore, your evidence must support the burden of proof in a car accident case, which is lower than that of a criminal case. For example, you need to show the other driver is at least more likely than not at fault for the accident, physical injuries, and lost wages. While a police report is an excellent source of evidence, it is not the only support available. You can also use witness statements and expert testimony to prove your claims of the other driver’s negligence and rely on your attorney to conduct an independent investigation into the accident’s cause to support your version of events. Evidence to help support damages includes:

  • Photographs of the accident’s aftermath, including damage to the vehicles, visible injuries, and the surrounding area
  • Medical records of your injuries provided by a healthcare professional
  • Records related to car repairs, including descriptions of anything done to your vehicle before and after the accident
  • A journal documenting your healthcare appointments, including information regarding the provider, the treatment you received, and what payments you made at each visit
  • Written interrogatories to present to the at-fault party about the accident to be asked while the driver is under oath in a deposition

Providing a visual of where the accident occurred can help you determine the actual cause, and having a doctor who commonly works with auto accident victims is an advantage. For this reason, it is crucial to have a complete medical evaluation by an emergency care doctor, such as one working in an ER or a doctor at urgent care, because they regularly see patients with auto accident injuries and are a credible source.

What Damages Can You Recover After a Car Accident in Manhattan?

While every car accident has unique circumstances, some damages are generally available in most. The severity of the accident and injuries and the ability to provide substantial evidence to support each directly affect the damages’ value. However, if you can prove the other party’s negligence and connect your losses to the accident, you can claim monetary and psychological damages, known as economic and non-economic damages.

Recoverable Monetary Losses

Your economic losses have proven monetary value. These are the things causing you financial hardship in the wake of a car accident. Examples include:

  • Your medical expenses, including the emergency care you received following the accident and any ongoing care you will receive in the future
  • Wages lost due to an inability to work during recovery, including future lost wages
  • Income lost due to a decreased capacity to earn caused by permanent or temporary disability
  • The cost to repair or replace damaged property, such as your vehicle
  • All other expenses necessary to support you during your recovery, such as transportation to medical visits, household help, and childcare

How well you document your injuries and recovery will affect how much you can recover from a claim.

Recoverable Psychological Losses

The non-economic damages reference how the accident affected you mentally. For example, you can claim the physical and emotional pain and suffering you underwent due to your injuries and the emotional distress the accident caused, which could present as anxiety, depression, or any other trauma-related issue. Valuing these damages can be challenging for someone without experience in tort law, but a car accident attorney can help.

How Can a Manhattan Car Accident Attorney Help You Build Your Case?

If you suffered injuries from a car accident where another person was at least partially responsible for the crash and the damages it caused, a car accident attorney in Manhattan can help you recover some of your losses. Some of the advantages of hiring legal representation include the following:

  • They know the nuances of New York law and how those laws affect your case.
  • They can access experts to help investigate and gather the evidence you need to support your claims.
  • They will file all the necessary paperwork and act on your behalf, protecting your rights during all stages of the legal process.
  • They will actively negotiate with the insurance company to reach a fair settlement before your case enters trial.
  • They will advise throughout the process to ensure you make no mistakes that could damage your ability to collect compensation.

At Cellino Law, our team of car accident lawyers in Manhattan helps car crash victims hold the at-fault party accountable and get the compensation they deserve. During your free consultation, we will answer all your questions about your accident and help you choose the most beneficial path to settlement. Contact us at (800) 555-5555 to schedule your risk-free case evaluation and speak with an experienced attorney.

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    • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

      Anthony

    • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

      Theodore

    • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

      Denise

    • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.

      Marcy

    • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

      Veola