Car accident representation
Build the claim before the insurer defines it.
A serious car-accident case is not only about the collision. It is about preserving proof, protecting insurance benefits, and documenting how the injuries change a person’s life.
Matthew Voelpel represents injured drivers, passengers, pedestrians, bicyclists, and motorcyclists throughout New York. Each matter is prepared by identifying all responsible parties, securing available video and witness evidence, analyzing every potentially applicable policy, and developing the medical and economic proof needed to present the full claim.
Protecting the evidence
What to do after a serious collision.
Obtain appropriate medical care and accurately report the crash. Keep photographs, dash-camera footage, witness information, insurance correspondence, medical paperwork, wage records, and damaged personal property. Do not repair or dispose of a vehicle before important evidence has been documented when a defect or severe impact may be at issue.
Document
Preserve scene photographs, vehicle damage, witness details, police information, and every communication with an insurer.
Treat
Seek appropriate care and explain all symptoms accurately. Unexplained gaps in treatment can later become disputed.
Protect
Meet insurance deadlines and obtain advice before giving a recorded statement or signing a release or authorization.
First-party benefits
New York no-fault insurance.
New York’s basic no-fault coverage is designed to pay eligible economic losses promptly, without first deciding who caused the collision. It generally provides up to $50,000 per eligible injured person for combined medical expenses, a portion of lost earnings, and certain other necessary expenses.
Written notice generally must reach the applicable no-fault insurer within 30 calendar days after the accident. Medical bills and wage claims have their own submission requirements. The right insurer may depend on whether the injured person was a driver, passenger, pedestrian, or bicyclist, so the claim should be evaluated immediately.
No-fault addresses certain economic losses. A separate claim against a legally responsible party may seek compensation for pain and suffering and other recoverable damages, subject to New York’s serious-injury and fault rules.
Liability and damages
Proving fault and serious injury.
The liability claim requires evidence showing how the crash occurred and who was responsible. That may include video, electronic vehicle data, roadway evidence, phone records, witness testimony, police materials, and expert analysis.
In many cases between covered persons, New York law also requires proof of a statutory “serious injury” before an injured person may recover for pain and suffering. The categories include fractures, significant disfigurement, permanent loss of use, and certain permanent or significant limitations. Objective medical findings, consistent treatment, and a clear explanation of functional loss are often critical.
Compensation may include:
- Pain, suffering, and loss of enjoyment of life
- Medical expenses and rehabilitation costs not otherwise covered
- Past and future lost earnings and diminished earning capacity
- Household and other economic losses supported by the evidence
- Wrongful-death damages when a collision is fatal
Finding every available policy
When the at-fault driver has too little insurance.
The responsible driver’s liability coverage is not always the only potential source of recovery. Depending on the facts and policy terms, uninsured-motorist coverage may apply to an uninsured or hit-and-run driver, while supplementary uninsured/underinsured-motorist coverage may apply when the responsible driver’s limits are insufficient.
Household policies, employer or commercial policies, rideshare coverage, and policies covering other involved vehicles may also matter. Notice, consent, and other policy requirements can affect these claims, making an early coverage investigation essential.
Types of cases
Roadway injury cases we handle.
- Rear-end and intersection collisions
- Pedestrian and bicycle crashes
- Motorcycle accidents
- Truck and commercial-vehicle crashes
- Hit-and-run and uninsured-driver claims
- Rideshare and delivery-driver collisions
- Multi-vehicle accidents
- Distracted and impaired driving crashes
- Government and municipal vehicle accidents
- Fatal crashes and wrongful-death claims
Time-sensitive claims
Different deadlines may run at the same time.
The no-fault notice deadline, liability lawsuit deadline, insurance-policy notice provisions, and evidence-preservation needs are separate issues. Many New York personal-injury actions carry a three-year limitations period, but that general rule has exceptions.
When a municipality, public authority, or government vehicle is involved, a notice of claim may be required within 90 days. Other rules can apply to wrongful-death claims, minors, out-of-state collisions, and claims involving particular defendants. The safest course is to identify every deadline as soon as possible rather than relying on a general limitations period.