Insurance

Syracuse NY Personal Injury Lawyer on Car Insurance

March 9, 2023 | by Michael Bersani

Hello blog readers! Today I’m blogging about car insurance. As a Syracuse and Central New York personal injury lawyer, this is something I know a lot about, and which I think many people need to learn more about.

Let’s start with the obvious: Car insurance provides financial protection against accidents that might arise while driving your vehicle. Less obvious: It also protects you and your family when you are pedestrians or in other people’s vehicles, but I’ll get to that later.

In New York, auto liability insurance is legally required. Specifically, you must have at least $25,000 to cover a victim of your negligent driving, and $50,000 coverage total if there is more than one victim. Further, New York auto insurance polices feature a minimum of $50,000 in “no-fault” coverage, which pays medical bills and lost income for those occupants of your vehicle who were injured (including yourself), and for any pedestrian you injured.

Syracuse NY Injury Lawyer Explains Liens on Personal Injury Case Settlements

January 14, 2021 | by Michael Bersani

So, your New York personal injury lawyer is on the verge of settling your case. Finally, many months or even years after your accident, you are going to get some compensation for your injuries, your lost income, your permanent disabilities, etc., etc., etc. You know what I mean. This has been the worst thing to ever happen to you. Now you see the light at the end of the tunnel.

But wait. Your personal injury lawyer says there is one more stumbling block to a successful resolution of your case: “Liens”. He says he has got to investigate the “liens” on your case. What is that? How can it affect your settlement?

First, if you are only hearing about “liens” at the end of your case, your lawyer has not done a very good job of keeping you informed. He or she should have told you about that little problem – and yes it is a problem – long ago. Better late than never!

New York Boating Injury Lawyer: “Learn from Other Boaters’ Mistakes So You Don’t Have to Learn from Your Own”.

July 22, 2020 | by Michael Bersani

I took in yet another boating accident case the other day. In many ways, it was a typical Finger Lakes boating accident that boating injury lawyers are bound to come across from time to time: Unbeknownst to the boat operator who had been drinking and was on his cell phone chatting, two of his passengers went for a swim. The boat operator then put the throttle in forward, and ran them over. The boat operator then felt the prop of his boat “snag” on what he assumed was seaweed. The trail of blood, and bodies, behind his boat alerted him to the real problem.

Not a pretty picture. And not pretty injuries. I’ll spare you the details. But here’s what you need to know so this same thing doesn’t happen to you or your boating buddies:

Never drink and drive. Not in a car, not in a boat, not on a bike. Just don’t. The rules for alcohol blood levels, and the penalties, are the same for all motorized vehicles, including boats.

Can You Sue Someone for Spreading the Coronavirus to You? Syracuse Accident Lawyer Explains

April 7, 2020 | by Michael Bersani

Most New York State counties, including Monroe, Onondaga, and all the counties in between, have a law on their books which allows the county public health commissioner to issue an order for involuntary isolation if an individual disobeys a quarantine request and is believed to be an immediate threat to public health. And the counties are not shy to enforce the law. Example: One of my brothers, who lives in Auburn, New York, developed Coronavirus symptoms a few weeks ago. The Onondaga County Health Department ordered him to get the test (which he willingly did) and then ordered him quarantined in his home until the test results came back (7 days later). Fortunately, he tested negative, but a County Health Inspector stopped by his house two times a day to make sure he was not leaving the home. If they had found he had “flown the coop”, they likely would have issued an order for his arrest.

Here’s an even better example: A Monroe County resident with Covid-19 symptoms, who refused testing, and then disobeyed a Monroe County Department of Public Health civil order to quarantine himself, was arrested and jailed recently in a County jail in Brighton, New York. He has been isolated from other inmates to prevent COVID-19 spread.

Assuming this selfish and anti-social person passed the virus onto others, who got very sick or died, can his victims or their families sue him for money damages in New York? That’s our New York personal injury law question for today.

Coronavirus Lawsuits Already? Syracuse NY Injury Lawyer Explains.

April 6, 2020 | by Michael Bersani

Like almost everyone else on Planet Earth, this Syracuse NY injury lawyer has been holed up at home, hunkering down against the pandemic. My home is in Geneva, NY, which is a pretty nice place to be locked down. People here are looking out for each other. I’ve joined a group of corona virus fighters at a local church preparing cheap and even free meals for folks on the weekend. Can you guess which one in the above photos is me?

My “real” job, though, is not on standstill. In fact, my laptop keyboard is getting quite a workout: I have been conducting online research, shooting out emails to adjusters and defense lawyers, preparing legal briefs, etc. My cell phone has also been working overtime: Insurance adjusters are still working (from home) so I have been trying to settle cases with them. I have also been catching up with clients on the status of their medical treatment.

The court system, however, is frozen solid, at least in the civil arena. All motions, court filings, trials, etc. are suspended. My calendar is just about empty. And that does give me some extra time for reading and writing.

Slippery, Snow-Covered, Icy Roads Are No Excuse for Causing a Car Accident, Says Syracuse Car Accident Lawyer

December 1, 2019 | by Michael Bersani

As I write this blog, the roads in Syracuse, New York and surrounding areas are deadly. Sleet and freezing rain have been falling all day . The roads are frozen. My driveway in Geneva, NY is an ice skating rink. My windshield had a thick shell of ice covering it before I rolled it into the garage.

The National Weather Service just posted that the roads in Syracuse and all the way down through Pennsylvania are likely to be “treacherous” for travel for the next 48 hours. The National Weather Service is warning of “nearly impossible” driving conditions. They warn drivers to stay home or at least “use extreme caution, allow plenty of distance between you and the vehicle ahead of you”.

Already about a dozen Onondaga County vehicles are reported crashed or disabled likely due to the weather.

Syracuse New York Personal Injury Lawyer’s 5 Rules for Dealing Effectively with Insurance Adjusters: Part II

August 7, 2019 | by Michael Bersani

After decades of dealing with insurance adjusters in personal injury cases, this Syracuse personal injury attorney has come up with his personal list of do’s and don’ts in his dealings with them. I published my first two rules yesterday here. Below are the last three rules for dealing with a personal injury insurance adjuster:

Rule # 3: Know the Medical Records Better than the Adjuster

When adjusters calls me, I often put them into voicemail so I can review the medical records and highlight the key facts before speaking to them. I then call them back with the highlighted records in front of me. Now I am ready to talk. That’s because adjusters often have a “cherry-pick” method of discussing a case. They take only selective quotes from doctors that supports their position that the injuries are not so bad. But it won’t work with me. I am ready to cherry-pick back at them. The adjusters will quickly see I am no pushover and they are going to have to deal with me, and with ALL the medical records, not just their selective reading of them. Believe me, it’s worth the effort.

Syracuse New York Personal Injury Lawyer’s 5 Rules for Dealing Effectively with Insurance Adjusters: Part I

August 6, 2019 | by Michael Bersani

After decades of dealing with insurance adjusters in personal injury cases, this Syracuse personal injury attorney has come up with his personal list of do’s and don’ts in his dealings with them. Check my five hard-and-fast rules here:

Rule #1: Do Not Allow Your Client to Give a Recorded Statement

This is rule number 1. It’s hard for me to figure out why insurance adjusters keep asking for this. I can only assume it’s because some personal injury lawyers are ~~dumb~~ naïve enough to allow them. The adjusters try to sell the recorded interview by telling you that, once they have it, the case is more likely to settle. They will say it will help them assess liability and your client’s credibility. As long as your client is truthful, what have you got to lose?

Do You Need a Lawyer or Can You Represent Yourself in a New York Personal Injury Claim?

September 3, 2018 | by Michael Bersani

I hate to break it to you, but despite all the cute auto insurance ads on TV, insurance companies are not “nice guys”. At least not if you were injured through the negligence of their insured. You have to understand this very important fact right from the get-go: In personal injury litigation, insurance companies are not your friend. They are not a “good neighbor”. They are not a cute little lizard. They are not “by your side”. You are not in “good hands” with them. They are a business. Their business is to pay you as little as possible on your claim so they can yield a bigger profit.

Case in point: Last week I settled a case for a woman who fell off a horse at a local riding stable during a riding lesson in upstate New York (near Syracuse). It was her first time on a horse. The saddle spun around while she tried to mount, throwing her to the ground, where she suffered a serious femur fracture. Turns out she weighed more than the saddle setup could handle. The stable owners knew it, but failed to warn her. Here was the original position the insurance company took (you need to click the image to read it):

After we got that letter, we sued the stable owners. We then took the deposition testimony of the owners and witnesses. The insurance company lawyers then asked the trial judge to toss out our case because our client had “assumed the risk” of horse riding lessons, and had signed the waiver. The trial judge dismissed our case. We then appealed to the appellate court in Rochester, New York, got the trial judge reversed, and the case reinstated. Last week, at a mediation, we settled the case for $130,000, which by the way was the amount of money we always thought the case was worth.

Central New York Injury Lawyer Interviewed on Finger Lakes Radio station about His Book “Understanding Your New York Personal Injury Claim”

May 17, 2018 | by Michael Bersani

This morning I was at the radio studios of Finger Lakes Radio Group in Geneva, New York. They wanted to interview me about my new book, “Understanding Your New York Personal Injury Claim“. Geneva’s station – WVGA – ran the interview live. It’s sister station in Auburn, NY – WAUB – will run it at a later date.

It was fun to be on the radio again. Ted Baker is an excellent interviewer. He has interviewed me several other times about my volunteer work for the Boys & Girls Club of Geneva. He made me feel right at ease and asked very on-point questions about my book. For example, he asked me:

Why did you write the book?