And as usual, it's time for our weekly ten-minute chat with Michael Brook, head of the Accident and Road Traffic Accident Investigation Bureau. Misha, hello.
Michael Brook: Hello, dear listeners. Hello, Alexander. I traditionally wish everyone good health and advise you to stay out of trouble. Nevertheless, I recommend keeping my phone number as a lifesaver. Write it down on your mobile and always keep it handy: 718-256-5610. Michael Brook. Write it down, carry it with you. In case of injury—whether it's you, your friends, acquaintances, or coworkers—there's always a point in giving me a call. I will connect you with a lawyer specializing in the specific case at hand, any time, day or night, every day of the week. You only need my phone number: 718-256-5610.
Alexander: Michael, many listeners ask this question: If a pedestrian is hit by a car, who pays for the treatment? And what happens in a hit-and-run case? Will the treatment still be covered when the culprit seems to be non-existent? Please answer this question.
Michael Brook: If the accident occurred in New York State, the insurance of the car that hit the pedestrian pays for the treatment. If the pedestrian has their own car, then this insurance is secondary, a kind of backup. Meaning, should something happen with the primary insurance—for example, the culprit disappears from the scene and cannot be found—then the insurance of the pedestrian's vehicle kicks in. This could be their car or a family member's car with whom they live; this is called household insurance. So, if there's a car in the family, this car's insurance covers situations when the perpetrator cannot be found or they don't have insurance, such as when the car is stolen, etc. In New Jersey, the procedure changes. There, the household insurance serves as primary insurance, and the insurance of the car that hit the pedestrian becomes secondary. So, the family car pays for the treatment, and compensation is later sought from the culprit. It's important to note that insurance rates do not increase because it's just an additional insurance policy.
If the person has no car, the culprit's insurance applies. If the culprit disappears and there's no household insurance, there is a special city insurance that covers treatment up to $50,000, just like regular car insurance. This applies to all situations when you're hit by a vehicle with an internal combustion engine. If it's an unregistered electric moped, for instance, there might be no insurance. In all cases, my lawyer who I connect you with will handle everything, informing you on how your treatment will be paid. Here's an example: a woman in New York was crossing the road at a pedestrian signal, and a turning car hit her in the crosswalk and left the scene. Fortunately, she had a car at home with her husband, so my lawyer initially filed a claim with the car insurance, but then they managed to find the culprit through surveillance video at the intersection and shifted the payment to the culprit's insurance, which then fully covered her treatment, including the significant bills from her broken leg. The coverage of up to $50,000 fully covered everything, and later, they received an additional $100,000 from the culprit's insurance policy. So, if anything similar happens, just call my number 718-256-5610 as soon as possible. You can also use the Internet to reach my website by dialing 718-256-5610, and save it as an icon on your phone and immediately download my business card.
Thank you for the always insightful and reasonable responses. Let's hear from Mikhail. Mikhail, your question.
Mikhail: I was hit by a car while riding my bike, and the driver fled the scene. I was tuned into our broadcast with earphones when it happened. I don’t own a car, just this bike. What should I do? Who pays for treatment if I don't have medical insurance?
Michael Brook: Don't worry. Firstly, we'll arrange an ambulance to take you to the hospital to check your condition. Under no circumstances should you leave the scene of the accident. One of the requirements, if the culprit isn't found, is to have a report within 24 hours from the accident location. We'll call an ambulance to the scene, and they'll transport you to the hospital, ensuring the location is recorded. We’ll also team you up with a Russian-speaking ambulance service to take you where the lines are shortest. Naturally, we’ll search for the driver, try to get video footage; if their license plate is on the video, a lawyer will find and get compensation from their insurance. If not, a special city department known as MVAC or MVC covers treatment up to $50,000 and damages up to $25,000. You will still be covered, and I'll connect you with a highly successful lawyer specializing in similar cases.
One case involved a person hit by a car where the lawyer found the video, identified the driver, and got compensation from the insurance for treatment and damages, even though the person had no fractures. Nevertheless, the lawyer got them the whole $25,000 coverage of the car that hit them. Therefore, if anything similar happens, call my number 718-256-5610 as soon as possible. You can also go online, dial 718-256-5610, reach my website, download my business card, and save the info as an icon on your phone.
Thank you, from Mikhail. What's your question, Ekaterina? Katya, please go ahead.
Michael Brook: Hello, Michael. I'm disabled, and although I'm only 35, I walk with a cane. Recently, I tripped over a protruding tile on the sidewalk and fell, breaking my arm. Can I open a case if I'm disabled? Would they argue that the fall was due to my poor walking?
Michael Brook: Naturally, if the protruding tile was the cause of your fall, your health condition is irrelevant. What matters is the defect that triggered your fall. Such defects should not exist where pedestrians walk. I once had a similar case with a person in a wheelchair; they hit a sidewalk defect, a hole, which caused a fall, resulting in a broken arm. My lawyer proved the city not only failed to rectify the defect in time but was aware of it beforehand. When suing the city, proving pre-knowledge of the defect is crucial. The city was sued because it was a municipal defect, resulting in an award of $200,000 for that disabled person. I'll give you the same lawyer, and I'm confident they'll secure the best possible compensation for you.
Once again, my phone number is 718-256-5610. Keep it handy. If not right now, use the Internet to dial 718-256-5610, reach my website, and download my business card. Save my info as an icon on your phone so you'll always have it. If an accident, injury, or fracture happens, Michael Brook, head of the Accident and Road Traffic Investigation Bureau, will connect you with an experienced lawyer who will seek the best financial compensation for you. 718-256-5610.