Beware of Insurance Adjusters! How to Navigate Your Insurance After a Car Crash

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If you’ve ever been in a car crash, you’ve probably talked on the phone or in person shortly after the collision with an adjuster from your insurance company or the other vehicle’s insurance company. It’s a confusing time, often with police and ambulances and many other concerns in addition to your car insurance.

But if you have been in a crash, you’ll have to deal with insurance adjusters. They usually appear to be nice people, soothing and sympathetic. They are trying to make you think they are Here To Help You. They reassure you that they are recording your statement about the crash to get your version of events right away, and they’ll process your claim faster this way.

But before you get swept up in the frantic moments after a crash, remember this about insurance adjusters: They’re not your friends. They are doing their job, and that’s to save the insurance company as much money as possible on your crash.

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Here are some great points to remember about insurance adjusters and recorded victim statements:

  • Most crash victims just want to do the right thing and honestly record what happened in their crash when meeting with an insurance adjuster. But when the recorder is running, many crash victims misstate the facts, ramble, and make incorrect assumptions that will hurt them in the long run.
  • They are recording your statement in hopes that once you get talking, you’ll make a mistake they can use later against you in a trial, deny your claim or pay you less money.
  • Most people are not prepared to be questioned by a trained investigator, so it’s best to decline the adjuster’s request for a recorded interview or statement. Once that red light is on on the recorder, you will forget things, or remember something incorrectly, or misspeak in some other way. It happens to everyone in a high-pressure situation. Of course, the adjuster will make it sound like a rejection makes you act like you have something to hide. Don’t fall for that line. Just politely decline and end the discussion. Get a lawyer and be prepared professionally for your statement.
  • If you want to talk to the adjuster, ask to schedule a follow-up call for the statement and take time to read the police report, revisit the crash scene, review the damage to your car, and read any medical records you can obtain. Call witnesses and review the evidence carefully. Finally, be sure to review your insurance policy.

Set some rules for yourself for the meeting with the adjuster:

  • Request that the adjuster take notes and not record your meeting, unless your insurance carrier required it in your contract.
  • Be honest but brief.
  • Focus on each question, briefly answer it, and don’t ramble.
  • Do not volunteer information.
  • Only explain when asked to do so, and do it briefly.
  • If you don’t understand a question, don’t answer it.
  • When it comes to distances and amounts and speeds and items like that, don’t guess or make assumptions.
  • You can’t remember everything. If you’re not sure about something, say you are unsure.
  • Don’t be bullied into answering questions.
  • No absolute words like “never” and “always”.
  • Speak slowly and clearly.
  • Never guess. If your answer is a guess, say you can’t answer the question.
  • Ask for a transcribed copy of your recorded statement and review it for accuracy.
  • Memories of collisions get jumbled. Don’t easily admit wrongdoing if you do not believe you were at fault.
  • Bring a witness when you speak to the adjuster.
  • Take notes of questions asked of you by the adjuster.
  • Do not sign anything unless an attorney on your behalf has reviewed it.

If you’re a crash victim and you’re concerned about dealing with insurance companies, contact the Ziff Law Firm to see how we can help you by calling (607) 733-8866 or emailing [email protected].

Be well and drive safely,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Many thanks to the lawyers at the Hepworth Holzer law firm in Boise, Idaho, who contributed to these tips.


When It Comes To Buying Car Insurance, Shop Local, Says NY and PA Personal Injury Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

This column was originally published in The Odessa File.

It’s not easy to convince people to invest more money in their car insurance.

I often meet people, and represent clients, who are underinsured, and when I advise them to budget more money for car insurance, I am sure that some wonder, “Why does he want the insurance companies to make more money?”

I represent injured people; I’m not a salesman for insurance companies. I don’t want you to give an extra penny to the insurance companies that you don’t have to, but the reality is, most people are underinsured — and being underinsured can be financially devastating. You need to have enough insurance to adequately protect yourself and your family.

But how do you decide what is enough insurance coverage? That’s the tough question, and the answer depends upon your unique circumstances: your income, your assets, the number of dependents, your health insurance coverage, and so on.

R1-1_MOD__34542.1522940971Because there are so many factors at play, my best advice is to consult an experienced, LOCAL insurance agent. Do NOT buy your insurance online or on the phone. Take the time to sit down face-to-face with an agent who can ask you the relevant questions and who can answer your questions. There are many excellent insurance agents in our area, so ask around and see who your friends and neighbors recommend. You are looking for an agent who will take the time to get to know you and your needs.

I know that the last thing anyone wants to do is spend a lot of time shopping for insurance, and it’s very tempting to just buy the cheapest insurance you can find online but the reality is that, no matter what, you are going to be spending a lot of money insuring your vehicle and home, so it’s important that you spend your money wisely to make sure you get the coverage you need. Take the time to do this important job of buying insurance correctly.

And as an absolute baseline for all New Yorkers, I recommend that you have at least $250,000 in Liability and Supplemental Underinsured Motorist (SUM) coverage. When a single helicopter flight to the hospital can cost $38,000 (I kid you not!) and a single day in the ICU more than $20,000, anything less in coverage is simply not enough.

Although I appreciate that my $250,000 recommendation is more than the $25,000 New York minimum, I would point out that this minimum coverage has not been increased in over 30 years while medical costs have skyrocketed. I think it’s ridiculous and financially foolhardy that state legislators in Albany have not increased the minimum limits, but regardless, you have the power to do the smart thing by buying enough coverage to protect you and your family. Better safe than sorry.

So get out your current policy and review your SUM and Liability limits. If you have a question about your car insurance policy, email me at [email protected] I will provide a free evaluation.

Be well and drive safely,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Pedestrian Collisions In Chemung, Ithaca A Reminder About Walking Safely At Night, Says NY and PA Accident Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

WETM-TV.

Two Twin Tiers pedestrians were struck by vehicles at night this week, leaving a 15-year-old girl dead in the town of Chemung and seriously injuring a second person in Ithaca.

New York State Police said 15-year-old Xanadu Rumsey was walking along County Route 60 near Tomasso’s golf course and restaurant in the Town of Chemung at about 9:30 Tuesday night when she was struck from behind by a vehicle. She was transported to Robert Packer Hospital in Sayre, where she was pronounced dead.

State Police in Horseheads said the girl was walking in the same direction as traffic when she was struck. The investigation continues and troopers have not released any information about the driver of the vehicle.

reflective-pedestrian-crossing-signs-watch-for-pedestrians-l7534-lgState Police are asking anyone who saw two people walking along County Route 60 at about 9:30 Tuesday night to call State Police at 607-739-8797. They did not say who the second person was with Xanadu.

At 11:30 p.m. Wednesday, a tractor-trailer hit a pedestrian at the intersection of State Route 13 and Willow Avenue in Ithaca.

The pedestrian, who has not been identified, is in stable condition Thursday at an unidentified regional trauma center with serious injuries that are not considered life-threatening, according to the Ithaca Police Department.

Police said the injured pedestrian suffered a severe head injury. The driver of the tractor-trailer was not injured.

Anyone who witnessed the crash is asked to call the Ithaca Police Department at 607-272-9973 or its tip line at 607-330-0000. Email tips can be sent by going here: www.cityofithaca.org/ipdtips.

If you are going to walk at night along a street, road or highway, here are some safety tips to remember:

  1. Always walk facing traffic. Do it because it’s the law, but also so you can see what is approaching and maximize your time to avoid the car if it is potentially endangering you.
  1. Get as far to the right as you can – don’t walk on the fog line. Give cars as much room as possible, not because they don’t have to go around you, but because you want to do everything in your power to avoid a collision.
  1. Wear light-colored clothes and consider wearing something reflective to maximize your chances of being seen. Also consider carrying at flashlight that you can shine so an oncoming driver has a better chance of seeing you.
  1. Recognize that perhaps the most dangerous time for a pedestrian is when two oncoming cars are meeting near your location. The operators of the cars will be focused on each other, and the oncoming headlights will impede the vision of both drivers, making it harder for them to see you. They are likely to move toward, or even onto, their shoulders to give each other as much room as possible.
  1. Walk in well-lit areas. Avoid poorly-lit areas if at all possible.
  1. Obey traffic signals and devices unless a police officer directs otherwise, including pedestrian signals.
  1. Assume drivers do not see you. While you should do whatever you can to increase your visibility, do not walk into a crosswalk assuming that the oncoming vehicle can see you. It’s better to wait to be sure the vehicle stops than to make a wrong assumption.
  1. Do not wear headphones and turn off your phone. Be alert at all times while walking.

Thank you for reading,

Adam Gee
[email protected]
(607) 733-8866


Police Investigate After Pedestrian Struck By Vehicle In Town Of Chemung, Says NY and PA Accident Lawyer

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A pedestrian was struck by a vehicle Tuesday evening in the town of Chemung, and the New York State Police are investigating, according to Twin Tiers news reports.

Emergency responders were called to county Route 60 near Tomasso’s at about 9:30 p.m. Tuesday for reports of an injured pedestrian. Tomasso’s is a restaurant and golf course.

According to one news report, the person struck by the vehicle received CPR on the scene. It was not clear if the pedestrian was transported to a hospital.

State police declined to release any other information at midday Wednesday.

We will update this post as more information becomes available.  Our thoughts are with the pedestrian, and we hope to hear good news concerning his or her condition soon.

UPDATE – local media is now reporting that the collision occurred at approximately 9:15 PM on July 17, 2018.  It is also reported that the pedestrian involved in this collision is a 15 year old girl who was walking home with her father, and that emergency crews were performing CPR on the girl at the scene.  More information is expected to be released later today.

UPDATE #2 – We are very sad to report that pedestrian has died.  15 year old Xanadu Rumsey was pronounced dead at the Robert Packer Hospital after being struck from behind by a vehicle.  It is reported that this was a hit and run collision, and the police continue to investigate and search for the driver involved.  If you have any information concerning this collision, please contact the NY State Police at 607-739-8797.

Thank you for reading,

Adam Gee
[email protected]
(607) 733-8866

 

 

 


Legal News You Can Use: Check Out Ziff Law’s New Summer 2018 Newsletter

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Adam Gee, Christina Sonsire, Jim Reed, and Mike Brown.

 

The Ziff Law Firm debuts its new – and redesigned – free newsletter this week as the Summer 2018 issue arrives in mailboxes and inboxes around the Twin Tiers. It is filled with legal news that you can use – and much more.

Our cover story explains how our popular Veteran of the Game program came home to Elmira this summer.

Then we get to the legal news:

Our lawyers write about some of the key issues they encounter in their practices as they tackle these questions:

  • Do bicyclists in New York State have to operate by the same laws as vehicles? Ziff Law managing partner and noted bicycle law expert Jim Reed educates readers.
  • Is motorcycle insurance the same as car insurance? Partner Adam Gee, a longtime motorcyclist and motorcycle law expert, has some surprising answers.
  • Why does Ziff Law partner Christina Sonsire teach for a statewide legal education organization?
  • How does Ziff Law attorney Mike Brown’s family play a role in his legal practice?

And just for fun, we profile a downtown Elmira shop, a hidden gem that is in the “upcycling” business, in our Business Spotlight.

The owner of Nutmeg Upcycling, longtime downtown business owner Rich LaVere, talked to us about his growing business and why he keeps returning downtown.

We published a short interview in the print newsletter and there is a bonus longer interview with Rich here, where he talks about the challenges facing downtown and how the city can start turning things around. He’s an optimist!

At Ziff Law, we are committed to being environmentally responsible, so if you’d like to receive our free newsletter by email, send an email to us today at [email protected] and we will send you a PDF right away – and as a bonus, add your name for an upcoming drawing for a $50 gift card to Lib’s Supper Club in Elmira.

If you’d like to receive the newsletter by mail, call (607-733-8866) or email ([email protected]) us with your name and address and we’ll send it right out.

Happy reading!

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

How To Stay Safe When Boating This Summer, Says NY and PA Personal Injury Lawyer

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As our summer heats up, more people are heading for their nearest river or lake for some water recreation to keep cool and spend time with family and friends. There will be food and drink, including some alcohol … and we hope some life jackets.

From paddleboards to motor boats, getting out on your favorite body of water for some fun is a great way to beat the summer heat, but only if you are prepared and sober and drug-free.

The New York State Office of Parks, Recreation and Historic Preservation reports there were 15 fatal boating-related accidents in Upstate New York in 2017. The 15 deaths in 2017 included two in  Twin Tiers lakes, according to news reports:

  • A kayaker was killed April 17 when the kayak he was operating capsized on Almond Lake in Steuben County. He was not wearing a life jacket.
  • A motorboat passenger was killed Aug. 10 when he was ejected from his seat and run over by a boat on Waneta Lake in Schuyler County. He had marijuana in his system and was not wearing a life jacket.

The other deaths involved capsized canoes, a pedal boat accident, a paddleboard fall, swimming off a motor boat, a capsized rowboat, and a cabin swamped by a wave and sunk in rough waters.

In many cases, there were not life jackets or any personal flotation devices. Alcohol and drug use were reported in some cases.

According to national recreational boating statistics from the U.S. Coast Guard, in 2017, there were about 4,291 accidents that involved 658 deaths, 2,629 injuries and about $46 million in property damage as a result of crashes.

The fatality rate of 5.5 deaths per 100,000 registered recreational vessels was a 6.8 percent decrease from the 2016 fatality rate of 5.9 deaths per 100,000.

The number of accidents decreased 3.9 percent from 2016 to 2017. In addition, the number of deaths decreased 6.1 percent and the number of injuries fell 9.4 percent.

Let’s keep decreasing those numbers. Remember your life jackets and don’t use drugs or alcohol before or during boating.

Remember: If you are the operator of a boat you should ensure that your passengers are wearing life jackets (when required or appropriate for the conditions) and are not dangerously intoxicated or impaired.  If you feel that it’s unsafe for your passengers to be out on the water, you should do the right thing and get to shore.  Never forget:  YOU are the captain of the ship.

Here is why: 76 percent of fatal boating accident victims drowned, and of those drowning victims with reported life jacket use, 84.5 percent were not wearing a life jacket.

Finally, alcohol use is the leading known contributing factor in fatal boating accidents, according to the report.

Boating safety courses are not required under state law for anyone born before 1996, but with summer upon us, I would encourage everyone to take boating education seriously and consider taking the course.

Important information from the New York State Boaters Guide:

Motor Boat Education Requirements:

  • Operators born on or after May 1, 1996, must have a boating safety certificate and be at least 10 years of age.
  • Operators who are younger than 18 years of age must be accompanied by a person who is at least 18 years of age or older and is the holder of a boating safety certificate or not required by law to hold a certificate.
  • The operator is the owner of a recently purchased motor boat, if required by law to hold a boating safety certificate may operate the vessel without the required certificate for up to 120 days from date of purchase.
  • Persons 18 years of age or older may rent a motor boat without a boating safety certificate provided that the operator of the livery holds a certificate, demonstrates the use of the vessel and safety equipment, and the person renting demonstrates their understanding of the vessels operation and safety equipment. Those under the age of 18 must have a boating safety certificate in order to rent a vessel.

Motor Boat Operators Exempted From Having To Hold A Boating Safety Certificate:

  • Persons born before May 1, 1996.
  • Certified New York Safe boating instructors.
  • Members of the USCG Auxiliary or US Power Squadron.
  • Persons licensed by NYS Parks, the United States Coast Guard or Canadian Coast Guard to operate commercial vessels.
  • Police officers, peace officers, fire and rescue personnel, and life guards when acting pursuant to assigned duties
  • A resident of another state or country who is the holder of a valid boating safety certificate issued according to the laws of their home state or country

Before you hit the water, remember to keep safety in mind!

Thanks for reading,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Guest Blog Post: Preventing Dog Bites by Recognizing Their Warning Signs

Richard Cross is the guest blogger and the founder of TheDogClinic.com.

Richard Cross, the guest blogger, is the founder of TheDogClinic.com.

Richard Cross, our guest blogger, is the founder of TheDogClinic.com, which was founded in 2008 to help dog owners learn more about dog behavior, training, health, and more.

His advice here about recognizing dogs’ body language and their warning signs will help Twin Tiers residents recognize the different signs of behavior so they can remain safe.

I have represented many dog-bite and dog-attack victims and I can tell you that dog attack cases are difficult for everyone involved– the victim of the attack, the family of the victim and the dog owner.  

It is always the dog owner’s responsibility and legal obligation to prevent a dog attack but the advice below is good advice for everyone to keep in mind when in the presence of dogs.

Richard’s blog post:

Dog bites are more common in the United States than many people realize.

A CDC study found that from 2001 to 2003, there were an estimated 4.5 million bite victims each year. While many of these were minor bites, almost 20 percent of the victims required some medical attention.

For this reason, it’s important for both owners and members of the public to understand basic dog body language. This can reduce the chance of bites, which often have tragic consequences for both the animal and victim.

Common Canine Warning Signs

Most people know when a dog is showing signs of aggression. Raised hackles, bared teeth, and growling are easy to recognize as signals a dog doesn’t want to be approached. Common signs of submission, such as rolling over or crawling, are also easy to spot.

These are the most extreme examples of body language, though. Dogs have a variety of other ways to communicate discomfort or anxiety, such as:

  • Giving “Whale Eye” by holding eye contact, turning the face away, and exposing the eye whites.
  • Licking their lips when there is no food around.
  • Turning away from the person or trying to walk away.
  • Yawning while turning away.
  • Shaking off without being wet.

Dogs showing these signals aren’t likely to attack unless provoked, but may bite if they feel trapped. Unfortunately, many people miss the signals and continue to approach.

It’s also vital to understand that a wagging tail doesn’t always mean a happy dog. Dogs can wag their tails when defensive, submissive or aggressive.

How to Approach a Dog

The most important rule is to never approach a strange dog without permission from the owner. Dogs of any size and breed can bite, so you can’t judge temperament based on appearance alone.

The owner will know how their dog usually reacts to strangers and whether it’s safe to interact.

Once given permission, many people get into the dog’s “space” and immediately start stroking the dog on the head. This is the wrong way to greet a dog and a common cause of bites.

When you first approach a dog, hold out your fist and allow the dog to sniff it. This protects the fingers from a bite, while giving the dog a chance to signal whether he’s happy to interact.

A dog that’s happy to be stroked will continue looking at the fist or give it a lick. At this stage, it’s probably safe to stroke the dog on the neck or shoulders, but avoid reaching over the head. If the dog looks away from the fist or tries to walk away, this means he doesn’t want to interact and you should leave the dog alone.

Also: Never try to stroke a dog that’s alone in a public place, such as tied up outside a store or in a park. Just because the owner has left the dog in an accessible place doesn’t mean it is safe to approach.

More information about preventing dog bites is available here.

 

Thanks for reading,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


How To Avoid No-Fault Nightmares: Review Your Car Insurance Today

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Karen Wheadon, a paralegal who works with Ziff Law Managing Partner Jim Reed, has written the following blog post about no-fault insurance coverage.

Many of our clients are victims of car crashes, and therefore, subject to the rules and regulations of no-fault insurance. Unfortunately, many of our clients struggle financially because they have inadequate no-fault coverage.

Karen Wheadon.

Karen Wheadon.

Briefly, state-required minimum no-fault insurance consists of $50,000 in coverage for the following:

  1. All necessary doctor and hospital bills and other health service expenses, payable in accordance with fee schedules established or adopted by the New York State Insurance Department.
  2. Eighty percent of lost earnings up to a maximum monthly payment of $2,000 for up to three years following the date of the crash.
  3. Up to $25 a day for a period of one year from the date of the accident for other reasonable and necessary expenses the injured person may have incurred because of an injury resulting from the accident, such as the cost of hiring a housekeeper or necessary transportation expenses to and from a health-service provider.
  4. A$2,000 death benefit, payable to the estate of a covered person, in addition to the $50,000 coverage for economic loss described above.

When shopping for car insurance, many people don’t think to invest in anything other than that basic coverage. However, additional coverage can be purchased … and can make a huge difference to someone’s life and financial stability. When we consider the growing costs of health care, $50,000 does not last long.

Here are some examples of crash victims and their no-fault insurance coverage,

Mike

Mike, like many of our clients, receives Medicare benefits. He had a serious car crash and exhausted his basic no-fault coverage. His medical bills were then submitted to Medicare for coverage and he was personally responsible for co-pays. On top of that, under federal law, Medicare (and Medicaid) are allowed to assert a lien against any third-party recovery.

What that means for Mike is that the personal injury claim/lawsuit we filed against the person responsible for causing the crash and Mike’s injuries now has a lien against it. At the time of the settlement, Mike has to pay Medicare back from his settlement. Had Mike had additional no-fault coverage, he could have avoided his bills going to Medicare and kept more of his settlement for himself.

Michelle

Michelle, injured in a car crash in 2016, had basic no-fault coverage that was paying her medical bills and was also reimbursing her for lost wages because she is unable to work. Like so many of our clients, Michelle relied on her monthly wage loss checks to pay for her basic necessities (mortgage, groceries, etc.).

Michele’s no-fault benefits were exhausted in May, leaving her with NO income at all. She has an application pending with Social Security Disability, but applicants often wait a year to hear if they are accepted or denied. If denied, the appeal process is even longer.

On top of that, Michelle’s private health insurance is through the Affordable Care Act. She has catastrophic coverage only with a $6,000 deductible. The neck surgery that was being scheduled is now on hold because she cannot afford to pay a $6,000 deductible without any income.

Obviously, Michelle would have benefited greatly from additional no-fault coverage. Her story is a great argument for universal health care because her health insurance plan is abysmal. She is a hard-working, taxpaying citizen who found herself with a disability and unable to work after a car crash. She should not have to put off medical treatment because she can’t afford her co-pay.

Opponents of universal health care argue that they don’t want the government making their medical decisions, but insurance companies already do that all the time. They arbitrarily decide a patient only needs 10 physical therapy sessions, or that they can’t have a drug prescribed by their doctor because it is too costly, or that surgery is not necessary because they have not exhausted conservative treatment options. Insurance companies base these decisions on money – their money that they would rather not pay out!

Justin

My stepson, Justin, was involved in a near-fatal car crash in 2015. He was taken from the scene of the crash by ambulance to Arnot Ogden Medical Center in Elmira, and then quickly transferred to Robert Packer Hospital in Sayre, Pa. From there, he was life-flighted to Geisinger Medical Center in Danville, Pa., where he was admitted for more than a month and underwent numerous surgeries to repair his fractured neck and re-attach a shoulder and arm.

There are a lot of miracles associated with Justin’s crash – too many to recount here. The fact that he is alive and well and now a father of two beautiful little children is sometimes more than I can believe. We are very, very blessed. But as you can imagine, the medical bills were astounding. The life-flight bill alone was $54,999, which was paid in full by his primary no-fault coverage.

Luckily, in addition to the basic no-fault coverage of $50,000, Justin had $10,000 of med-pay, $25,000 of OBEL (Optional Basic Economic Loss), and $150,000 of APIP (Additional Personal Injury Protection). He had such incredible coverage because he was the passenger of a vehicle that had more than basic coverage and he was also covered under his own policy which had even better coverage. This is far from the norm.

But even all of that coverage was very quickly exhausted, leaving a balance due to Geisinger Medical Center in excess of $1 million. This was turned over to his health insurance.

Justin was 23 years old at the time of his crash, but thankfully he was still covered by his father’s health insurance plan as a result of the Affordable Care Act, which extended medical coverage for children up to age 26. Donations from friends and family through a gofundme campaign covered the deductible, so Justin did not have to file bankruptcy because of insurmountable medical debt, as so many Americans do.

Justin’s example shows that even incredible no-fault coverage cannot adequately cover you from a catastrophic injury. But catastrophic injuries are, thankfully, rare.

The vast majority of our clients are like Michelle and Mike. They have broken bones that may or may not need surgery. Most of our clients seek medical treatment locally and don’t have multiple ambulance and life-flight bills. However, even routine injuries that require fairly routine medical treatment will quickly exhaust a basic no-fault policy.

So make the wise choice and protect yourself by asking your insurance agent about increasing your no-fault coverage. Had Michele or Mike had Justin’s maximum no-fault coverage, they would not be facing hard financial and medical decisions. We hope you won’t have to, either.

Therefore, we recommend adding Additional Personal Injury Protection (APIP) of at least $75,000 and Supplementary Underinsured (SUM) Coverage of at least $250,000. The good news is that adding this additional protection does not cost much more but will give you much better protection.

If you have questions, or would like us to review your insurance policy for free, please email me at [email protected] or Jim Reed at [email protected].

Thank you for reading,

Karen Wheadon
Paralegal
Ziff Law Firm
[email protected]


Three Partners At Ziff Law Named 2018 Super Lawyers

Adam Gee, Jim Reed, and Christina Sonsire.

Adam Gee, Jim Reed, and Christina Sonsire.

Jim Reed, Adam Gee, and Christina Sonsire of the Ziff Law Firm have been named 2018 Super Lawyers in Upstate New York following a rigorous nomination process.

Super Lawyers, a rating service of lawyers working in more than 70 practice areas, selects the top lawyers based on nominations by their peers and an evaluation of 12 indicators of professional recognition and achievements. Those selected are grouped by practice area and size of the law firm. Ziff Law is a personal injury and medical malpractice law firm.

“We are so proud to be the only firm in Upstate New York where all the partners have been selected as Super Lawyers because it speaks to our excellent reputation among our fellow lawyers who selected us during the peer review process,” Jim said. “For our clients, that reputation is a huge factor in ensuring that we achieve the very best possible results for their cases.”

Jim, the managing partner of the law firm, was selected for Super Lawyers for the 11th year in a row. Jim has been with the Ziff Law Firm since 1986 and has been managing partner since 2001.

Adam, a partner in the law firm, was selected for Super Lawyers for the seventh time. Adam has been with Ziff Law since 2004.

Christina, a partner in the law firm, was selected for Super Lawyers for the second time. Christina was selected as a Super Lawyers Rising Star, for outstanding lawyers 40 years old and younger, from 2013-2016. Christina has been with Ziff Law since 2008.

To learn more about the Ziff Law Firm, go to www.zifflaw.com. To learn more about Super Lawyers, go to www.superlawyers.com/new-york-upstate.


NY State Appeals Court Reinstates $550,000 Verdict To Elmira Woman For Fall At Rochester Hospital

Attorney Christina Sonsire calls her client Thursday with the good news about the State Appeals Court judges' decision.

Attorney Christina Sonsire calls her client Thursday with the good news about the State Appeals Court judges’ decision.

Today was a great day for one of Ziff Law Attorney Christina Sonsire’s clients. A state Appeals Court has overturned a Chemung County Supreme Court judge’s decision to reduce a jury award to an Elmira woman who fell at Highland Hospital in Rochester.

On October 7, 2016, a six-person jury in Chemung County Supreme Court awarded an 83-year-old Elmira woman $550,000 for damages she suffered in a 2013 fall near the entrance to Highland’s Emergency Department.

The Elmira woman fell shortly before 6 a.m. on October 16, 2013, while helping her daughter get into a wheelchair in a parking garage.

“Highland Hospital allowed cement parking stops to be placed inside of a pedestrian walkway that bordered the handicap parking stalls,” said Sonsire, who represented the woman. “The parking stops were the same color as the parking garage floor, and lighting in the area was grossly inadequate. My client – who was told to report to Highland Hospital in the early morning for cancer surgery – was simply walking in a reasonable manner when she tripped.

“As a result, my client suffered a four-part proximal humerus fracture of her left shoulder, leaving her with significant loss of range of motion in the joint. These limitations make it very challenging for her to care for her daughter in the manner she did before the fall.”

Judge Judith O’Shea presided over the one-week trial in fall 2016 and attorney James Wolford of the Wolford Law Firm in Rochester represented Highland Hospital and its corporate owners, Strong Health MCO, LLC and Strong Partners Health System, Inc.

Following the trial, Wolford made several motions, including a request that the jury award be reduced because it is excessive.

On March 23, 2017, Judge O’Shea denied all of Wolford’s motions except his request for a verdict reduction. Saying the verdict was excessive, O’Shea reduced the verdict to $225,000 – a decrease of nearly 65 percent.

“We were extremely disappointed by Judge O’Shea’s ruling,” Sonsire said. “The right to a trial by jury is the bedrock of our civil justice system. This type of judicial interference undermines the notion that a trial of one’s peers, rather than an elected judge, will make decisions in cases like this.”

Sonsire and her client decided to appeal Judge O’Shea’s decision to the state Supreme Court Appellate Division, Third Judicial Department.

“Under New York law, a trial court can only interfere with a jury verdict if the amount deviates materially from what would be reasonable compensation,” Sonsire said. “The authority of a court to upset a jury’s monetary award should be used sparingly as it infringes upon a person’s right to a trial by jury.

“We knew it was risky to appeal the decision, as there was a chance the Third Department could reduce the verdict even further. However, my client and I both felt so strongly that this type of interference was inappropriate that we were willing to take the risk.”

On May 10, 2018, the Third Department issued a decision reinstating the $550,000 verdict in full. Unpaid judgments grow at a rate of 9 percent per year, meaning the amount Highland Hospital must pay is now close to $625,000.

“This is an occasion where justice truly has been served. My client suffered a serious injury that has a lasting impact on her life. The Third Department showed respect for the men and women who served on the jury by honoring their decision, and it confirmed to all people living in the Southern Tier that their right to a civil trial by jury remains intact.”

Sonsire said the best part, however, was telling her client the great news. “Not much beats making a phone call like that. I think the world of my client and her family, and I know the friendships we created through this litigation will last forever.”

A link to the May 10, 2018, decision is here.

Thanks for reading,

James B. Reed

Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
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