And as usual, it's time for our weekly ten-minute chat with Michael Brook, the head of the Bureau of Accident and Road Incident Investigation. Misha, hello.
Michael Brook: Hello, Alexander. Hello, esteemed radio listeners. I wish you all health and I ask you all not to get nervous, to drive carefully, to watch your step, and not to fall anywhere. If, God forbid, a misfortune happens, I will connect you with a lawyer at any time, day or night. For this, you just need to remember my phone number: 718-256-5610. Always carry it with you, save it in your mobile with a note for Michael Brook, 718-256-5610. If, God forbid, you can't find my number on hand, you can search for Michael Brook online, spelled BRook, and all my details will be there. You can save this icon on your phone, so it's always at hand.
Michael, a listener named Nikolai reached out. He is a professional pianist, and here's what happened to him. He was crossing the street when a passing car hit his elbow with a side mirror. As a result, he had a fractured elbow, underwent surgery, and now his fingers are numb, making him unable to play. He asks, what is the maximum amount one can receive from the party at fault in this situation? Could you please respond?
Michael Brook: In cases where a car hits a pedestrian or crashes into another car, causing injuries, the lawyer representing the injured party must initially obtain the full insurance policy of the at-fault party. If, for example, the at-fault party's insurance is $100,000, then the aim should be to get all of that $100,000, not $99,000. If the at-fault party has the minimum insurance of $25,000, in the states of New York or New Jersey, it is imperative to receive all $25,000, not $24,500. Only after this will a judge allow the proceedings to continue.
If the injured party owns a vehicle, even if they were a pedestrian at the time, and has a higher insurance coverage on their car, then it's possible to claim the difference between what the at-fault party’s insurance pays and their own insurance. This is done through a special procedure called arbitration. If all the funds have been obtained, one can also collect from additional sources, such as an umbrella policy if the at-fault party has one. If not, one might place a lien on their bank accounts or on their home.
This process relies on the existence of assets to claim from the at-fault party. If they have nothing, or if they're on welfare, then no further compensation can be extracted, unless they eventually get employed—then garnishing their wages is an option. My attorneys investigate thoroughly to secure the maximum possible compensation. This is crucial: obtaining the full insurance policy of the at-fault party is the first step. Without it, further proceedings are impossible.
Thank you for your consistent and thorough responses. Let's listen to Leo. Leo, your question.
Leo: Michael, I was descending the stairs in my building as the elevator was taking too long. The stairs were not well cleaned and were dirty. I slipped on something and fell down. While I didn’t break any bones, I have severe bruises on my hands, face, and thigh. Can I receive substantial compensation or is it pointless since there is no fracture?
Michael Brook: There is a specified law called the threshold law applicable only to car accidents. Under this law, if injuries do not exceed a certain limit, even if the person is not at fault, the insurance company may refuse to pay anything. However, in public buildings, such a law does not exist. Therefore, the insurance company is obliged to compensate even for a bruise if it occurred due to their negligence. If the building owner or management company is partially to blame, the injury assessment is first calculated and then the compensation proportionate to their responsibility is awarded.
For serious injuries, my attorneys can secure significant compensation. Handling such cases is considerably more expensive than auto insurance cases, which is why I work with larger law firms unafraid of these costs. I had a client who fell on dirty steps in a building and did not have fractures. My lawyer proved the building's management was negligent, as the staircase had not been cleaned for over a month. The evidence collected showed that the steps were worn and acted like a slide, leading to the accident. This resulted in a $80,000 payout due to the building's large portion of responsibility.
Thank you from Leo, and we have time for Christina's query. Christina, please go ahead.
Christina: I was hit by a car while riding an electric scooter. I don't own a car and rely on this scooter for transport. My question is how will my medical treatment be paid for after this accident? My back, hands, and legs are severely injured and I don't have medical insurance.
Michael Brook: If your scooter's maximum speed is less than 20 mph, your treatment will be covered under the no-fault law using the insurance of the car that hit you, up to $50,000, through a special fund designated for compensating accident victims. The lawyer will then work to obtain the liability insurance funds for harm caused to your health, ranging from a minimum of $25,000 to $500,000 more, depending on the car's coverage.
I handled a case for a young man hit while riding an electric bike. His bike's max speed was 15 mph, so he was treated as a pedestrian, and the insurer paid for his extensive surgery due to multiple leg fractures, which cost about $50,000. Additionally, my lawyer secured $500,000 from the at-fault vehicle's insurance and continues to pursue further compensation from the company owning the vehicle.
If anything like this happens, call me as soon as possible at 718-256-5610 or search for my website to download my business card. In case of an accident, injury, or fracture, Michael Brook, head of the Bureau of Accident and Road Incident Investigation, will direct you to experienced lawyers who will secure maximum monetary compensation for you: 718-256-5610.