FAQs

There are a number of things to consider when driving on roads that are flooding:

• Always drive over the highest part of the road
• Drive as slowly as possible through the flooded part of the road
• Drive through using first gear in high revs with the clutch partially engaged (this minimizes the chances of water going up your exhaust)
• Never remove your foot from the accelerator
• Once you’re clear of the water, check your breaks in order to dry them out a little before continuing

If you have been injured in a motor vehicle accident, you should see a doctor right away. Firstly, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Secondly, you should see a doctor because if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and what you did to fix them.

Yes, it is best NOT to admit responsibility for the accident at the scene to the police and others involved. If there is litigation, anything you say might be used against you. Although you might have thought the accident was your fault, you might find out later that the other driver was to blame or that both of you were at fault for the accident. Be careful here. You should be honest with the police and/or others about what happened and the “facts” surrounding the accident, but you should not offer your opinion – in this case, your opinion that the accident was your fault.

If you are a passenger or pedestrian injured in an auto accident in New York, you might be able to collect medical and other benefits from your household automobile insurance company under the uninsured motorist benefits. If you do not have household coverage, you may be entitled to benefits from the Motor Vehicle Accident Indemnification Corporation. This process has strict timelines and, as with filing for any type of uninsured benefits, can be quite tricky. Therefore, consult an attorney if you find yourself in this situation.

In New York, when you complete the defensive driving course, you receive a certificate of completion that must be turned in to your auto insurance company. Once your proof of completion is received, a minimum 10% reduction will be applied to the base rate of the insurance premiums of your liability and collision insurance. This insurance reduction will remain in effect for three years, and you may renew it after each three-year period has ended.

You must contact the Motor Vehicle Dept. in the other state in which you’ll be living. If that state issues a driver’s license that is valid only within that state (a “one-state only” driver’s license), you can apply for that type of driver’s license and keep your NYS driver’s license. If the other state does NOT issue a “one-state only” driver’s license, you must decide in which state you will have your license. You CANNOT have a driver’s license from more than one state unless one of the licenses is a “one-state only” license.

It is important to know that New York does NOT issue a “one-state only” license.

If you apply for a full driver’s license in the state other than New York, you will be required to surrender your NYS driver license.
Contact the New York State Department of Motor Vehicles if you still have questions.

Determining whether or not you are experiencing symptoms relating to PTSD can sometimes be difficult. It is quite common for people to experience some type of PTSD symptoms after an accident or other traumatic experience – feelings as if your safety was broken, feeling disconnected, angry, numb or finding it hard to stop thinking about the event are all normal reactions after you’ve been in an accident. Individuals vary – some people experience these feelings for a few days, others a few weeks. These feelings will decrease and then eventually disappear. If a few weeks pass and you are still suffering, you may be experiencing PTSD; seek help from your doctor.

Distracted driving occurs any time you are “distracted” and not focusing on the primary task at hand – driving safely. The use of cellphones is a common distraction but keep in mind distracted driving occurs any time you take your eyes off the road, your hands off the wheel, and let your mind wander rather than focusing on the task at hand – driving safely.

Distracted driving is a serious problem: Nearly half a million people are injured each year as a result of car accidents due to distracted drivers.

It depends. Unfortunately, there isn’t a required time prior to which the adjuster must make the settlement offer. Quite often adjusters will tell you that they’ll get right back to you after receiving your records and a lot of time will pass before you hear from them. Insurance adjusters often “stall” and wear you down, which means individuals often accept much less than their case is worth. Don’t get caught playing this “game.” Contact a car accident attorney who is experienced in dealing with insurance companies. At StolzenbergCortelli, LLP, we are happy to give you a free consultation if you find yourself in this situation. Contact us now.

The law in New York state does NOT allow you to use a handheld mobile phone while driving. If you use a handheld mobile phone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 plus mandatory surcharges and fees of up to $85. For offenses committed October 5, 2011, and beyond, this violation also carries three driver violation points. You may talk on the cellphone using a hands-free device.
Questions? Visit the NYS Government’s website on distracted driving, talking and texting or contact our firm, and we’ll be glad to explain the law to you in detail.

There are a number of things to consider when driving on roads that are flooding:

• Always drive over the highest part of the road
• Drive as slowly as possible through the flooded part of the road
• Drive through using first gear in high revs with the clutch partially engaged (this minimizes the chances of water going up your exhaust)
• Never remove your foot from the accelerator
• Once you’re clear of the water, check your breaks in order to dry them out a little before continuing