2311 Genesee Street

Utica, New York 13501

(315) 724-3115

rwf@fuscolaw.com

 

Frequently Asked Questions

You have questions. Here are some questions and answers that we hear often.

Q: I have just been injured in a serious accident. What do I do now.
A: Do not call either your insurance carrier or the carrier representing the person who injured you until you speak to an experienced personal injury attorney.  The carrier for the other person may call you, and will very likely record the conversation which may be used against you at a later time. Before you speak to anyone, call us at 315 724-3115 and we will tell you what you must do. You will not know what to say to the liability insurance representative, and they may very well only be interested in benefiting the insurance carrier.  You may be damaging your case if you say the wrong thing at this very critical time.  Call our office first.

Q: The insurance carrier called me.  What do I say to them.
A: Tell them that you have consulted an attorney and questions and inquiries should be directed to your attorney. If you have not as yet retained an attorney, call us before you speak to the insurance carrier.

Q: But what if the insurance company tries to take a statement from me over the phone. What do I do.
A: Many times an agent from an insurance carrier will call you and attempt to question you about what happened. Your conversation will be recorded, but unknown to you, that recorded conversation may be used against you at a later time. It is very important for someone who has just been in an accident to speak to no one until first speaking with an attorney who is experienced in personal injury law.  If you say the wrong thing on tape to an insurance representative, you may be providing information to the liability carrier which may be misinterpreted by the agent, and which may damage your case later on.  You might also be confused as to who the insurance carrier represents. Before you make a mistake, call our office for answers to these vital questions.

Q: What is meant by "No Fault".
A: If you have been injured in a motor vehicle accident in New York State, you may come under the New York State no fault law. These are benefits for medical expenses and lost wages resulting from the accident which are paid by your own insurance carrier.  In order to obtain benefits under this law, there are forms which must be filled out and submitted to your insurance company within a certain time after the happening of the accident.  If these forms are not submitted timely, you may waive these benefits.  It is important to consult an attorney regarding these forms as soon as you can after being involved in a motor vehicle accident. Call our office for details as to No Fault, and on your accident.

Q: What is a SUM claim.
A: Many times a person is involved in a motor vehicle accident with someone who does not have sufficient liability coverage to cover the damages you may have sustained in the accident. In such a situation, many insurance companies offer Supplementary Underinsurance Motor Vehicle Coverage or "SUM" coverage to cover compensation for your injuries in excess of the coverage on the other car. You may be entitled to this SUM coverage under your own motor vehicle insurance policy. Certain forms must be submitted to your insurance company within certain time limits, and there are also notice requirements that must be met to qualify for this coverage.  We can advise you as to this as well.

Q: If I am not satisfied with my lawyer, can I go to someone else.
A: You are not required to stay with the lawyer you retained. you can take your file whenever and wherever you want, for any reason, and bring it to an attorney you believe will do a better job.