Results That Make a Difference

Not necessarily. The Judge and Jury decide who was at fault for the accident, and in many cases have the benefit of listening to evidence that the officer may not have considered prior to the issuance of a ticket.

Result:
DWI ARREST DISMISSED, POLICY LIMITS TENDERED AND BAR FORCED TO PAY

In a recent case handled by Jason C. Luna, Esq., our client was involved in a head on collision in Western New York. The collision involved two vehicles, which resulted in injuries sustained by our client. The police responded to the scene, and charged our client with Driving While Intoxicated. Jason C. Luna, Esq., successfully tried the criminal case to verdict, which led to a complete acquittal of all charges against our client. Jason C. Luna, Esq., then pursued a personal injury action against the other driver and collected the entire insurance policy limit from that driver's insurance carrier. The bar the other driver had been drinking at prior to the collision made an additional contribution to our client's award. Jason C. Luna, Esq., insured that all the medical bills incurred by our client were paid in full as well. 

Yes. In New York State, the no-fault law applies. NYS requires that written notice be provided to the insurance company within thirty days of the accident advising of the accident and nature of the injuries claimed. A no-fault application should be filed in thirty days from the date of the accident. Once written notice and a no-fault application have been provided, the insurance carrier must pay the bills related to treatment for injuries sustained in the auto accident, provided the treatment was "medically necessary." Although the no-fault claim in New York State is separate and distinct from the liability claim, to ensure the no-fault benefits are paid the no-fault claim must also be aggressively pursued.

Result:
INSURANCE COMPANIES REPEATEDLY FORCED TO PAY ALL BILLS UP TO POLICY LIMITS

Many of our clients have received denials from their insurance company during the course of medical treatment after an automobile accident. In many cases, we will file for arbitration through the American Arbitration Association and arbitrate any and all outstanding bills at the end of their case. We have repeatedly obtained decisions forcing the insurance carrier to pay all bills that were outstanding. The bills can range from a few hundred dollars to one hundred thousand dollars, depending on the policy limits of the applicable policy of insurance.

In other cases, our firm has commenced a lawsuit directly against the insurance company. By electing this route, our firm is able to formally request evidence through the discovery process, which often requires the insurance company to produce the very adjusters who have wrongfully denied our clients benefits to which they are entitled for the litigation process. The actual strategy is always discussed with our clients, and a decision is made together regarding the manner in which we will proceed to ensure payment of benefits for our clients.