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Why You Need Supplemental Uninsured / Underinsured Motorists Coverage

Paying insurance is often considered a nuisance and something most don’t give enough thought to. While no one wants to think of the day they are involved in an accident, it is best to think about it before it happens. This way you can take the proper steps to protect yourself.

New York requires that all motorists insured in the State have supplemental uninsured / underinsured coverage. This type of coverage protects you in case of an accident with an uninsured or underinsured vehicle. Additionally, this type of coverage protects you as a pedestrian if you are hit by a vehicle that flees the scene. Depending on the severity of an accident, recovery can be long and expensive. It is important that you and your family are protected.

Many are not even aware of this coverage as most insurance companies downplay its importance, largely because it doesn’t make them much money but can cost them quite a bit. In NYS, minimum liability limits for SUM are $25,000 per person / $50,000 per incident. To protect yourself, get the highest limit on this type of coverage. Maxing out on this insurance typically costs under $50 per year!

If you have any questions or have been involved in an accident with an uninsured / underinsured motorist, give us a call at 212.366.4600.

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The Importance of Passing {Lavern’s Law}

Ever feel like a deadline is life or death? In the case of Lavern Wilkinson, it was.

Lavern May Wilkinson, a 41-year old single mother of an autistic girl, was laid to rest at Park Slope Ward of the Church of Latter Day Saints in Park Slope, Brooklyn on March 9th 2013 after she lost her battle with terminal lung cancer. But it didn’t have to be the case. (PHOTO: NEW YORK DAILY NEWS)

On February 2, 2010, Wilkinson went to Kings County Hospital complaining of chest pain. After completing an x-ray, the radiologist found a suspicious mass but did not report it to her. When her pain worsened, Wilkinson received another chest x-ray two years later, revealing that the cancer had now spread throughout her body, including both of her lungs, liver, spine and brain. It was now terminal.

When Wilkinson attempted to sew the hospital for medical malpractice to provide support for her daughter – who required round-the-clock care – the 15-month statute of limitations for reporting malpractice in New York State had already expired.

New York is one of only six states that has a statute of limitations for reporting medical malpractice, which can be devastating in the case of cancer patients.

Lavern’s Law was one of the topics on the agenda at Civil Justice Lobby Day 2017, held in Albany on May 16th, 2017. Attorney Joshua Gropper, along with other members of the New York State Trial Lawyers Association (NYSTLA), lobbied to have the law passed which tolls the Statute of Limitations for a fair date of discovery and would protect patients from undisclosed medical negligence.

As of June 5th, 2017, this is the status of the bill as reported by the NY Daily News:

“…At last count, there were 39 sponsors in the 63-member Senate, which has passed the state Assembly and would easily do so again…

The Democratic-led Assembly passed Lavern’s Law and is poised to do so again this year. Gov. Cuomo pledges his signature. But in the GOP Senate, with the bill opposed by the well-heeled Greater New York Hospital Association, Flanagan has made it a dead letter, never letting it get to the floor.

The bill is carried by Republican John DeFrancisco, the Senate’s No. 2. He can — and should — file a motion for full chamber consideration, which under Senate rules requires the support of “three-fifths of members elected.” That’s 38 senators. This bill has, we repeat, 39 sponsors.”

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NYSTLA Installs New Directors and Officers at Gustavino’s NYC

On the evening of June 13th, 2017, New York State Trial Lawyers Association held its 50th annual installation ceremony and reception.

Held at a New York City staple, Gustavino’s, the installation ceremony was hosted by Hon. Eric T. Schneiderman, Attorney General of the State of New York.

Attorney Joshua Gropper and his Associate Kris Nejat were proud to attend this event. They, along with the rest of the staff at Gropper Law Group, congratulate all NYSTLA officers installed last night. Of special note is the installation of Matthew A. Funk, the organization’s 50th President, whose award was presented by Hon. Lawrence K. Marks, Chief Administrative Judge of New York State.

Other officers include:

PRESIDENT – Matthew A. FunkPRESIDENT-ELECT – David M. OddoFIRST VICE PRESIDENT – David A. RothSECOND VICE PRESIDENT – Michele MirmanSECRETARY – Thomas P. ValetTREASURER – Edward A. SteinbergDEPUTY TREASURER – Halina N. RadchenkoPARLIAMENTARIAN – Marea L. Wachsman
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Is it Illegal to Drive with Headphones in New York State?

At Gropper Law Group, we primarily focus on representing injured parties in automobile accidents. With rapid advancements in technology, distractions for drivers are also growing. From texting to in-car WiFi, drivers are at a higher risk of another vehicle’s negligence than ever before.

The number one cause of car accidents in New York State is distracted driving, which includes the use of handheld devices for talking, texting, browsing the web and more. Other forms of distracted driving include eating, adjusting the radio, and talking to passengers.
One of the things few consider to be dangerous while driving is the use of headphones. Some drivers use headphones or earbuds to listen to music or podcasts, while others use them for phone conversations. It may seem like a better option over holding a device to your ear, but does it minimize your distraction level?

Many states do not regulate or prohibit the use of headphones or earbuds. New York, however, does! That’s right — under article 375(24), a of the New York State Vehicle and Traffic Law, individuals are not allowed to operate a motor vehicle — including an automobile, motorcycle or even a bicycle — while wearing more than one earphone attached to an audio device. The reasoning for this is that it prevents you from hearing the sound of horns honking and/or approaching emergency vehicles.

Additionally, studies have shown that using both earbuds while listening to music or a phone call is as much of a distraction as texting. To prevent an accident from injuring you or someone else, use your car’s Bluetooth functionality. Alternatively, you can purchase a standalone Bluetooth system if your car is not equipped with one. It could save a life.

Although there is no law preventing pedestrians from using headphones or earbuds, accidents involving automobiles and pedestrians are becoming more prevalent. The use of headphones makes the listener less aware of their surroundings and disables them from hearing outside noises such as an oncoming car.

Whether you are a driver or a pedestrian, it only takes a moment of distraction to cause an accident that can change the lives of those involved permanently. If you or someone you know has been injured as a result of another’s negligence in a New York car accident, contact the injury lawyers at Gropper Law Group.

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Can I {Get Fired} for Filing a {Workers’ Compensation Claim}?

A work-related injury can be devastating, especially if you do not file a workers’ compensation claim.

If you were recently injured in a workplace accident or if you are suffering from an occupational disease, you may be concerned that your filing a workers’ compensation claim can result in the loss of your employment.

This is a common concern that stops many from exercising their rights and getting the medical and financial benefits they deserve. New York State is an at-will employment state, like most, which means that a private sector (non-governmental) employer can discharge an employee for any reason, except discrimination.

Under the New York State Human Rights Law, an employer is prohibited from discharging an employee because of his or her race, religion, gender, place of national origin, age, marital status or disability. In New York City, employers are also prohibited from discharging employees on account of their sexual orientation, arrest or conviction record, partnership status, or status as a victim of domestic violence, stalking and sex offenses.

In respect to Workers’ Compensation claims, Workers’ Compensation Law prohibits an employer from firing an employee because he or she has filed a Workers’ Compensation or Disability Benefits claim or has testified before the Workers’ Compensation Board. If you file a workers’ compensation claim and are then suddenly fired, you have the right to sue your employer for retaliatory actions.

There is far more at stake if you do not file a workers’ compensation claim. Too often, injured workers are afraid to risk losing their jobs for filing a workers’ compensation claim. This causes them to pay out of pocket for necessary medical care, which is often unaffordable. Their injuries are then not treated and can cause greater, more expensive health issues in the future.

At Gropper Law Group, we help workers properly file their workers’ compensation claims in New York and get the financial and medical help they need. We only receive compensation when you do. Do not hesitate to call us today.

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7 Things To Do If You’re In An Accident

Accidents are frightening. Whether you are involved in a fender bender or a severe motor-vehicle accident, emotions can run high and injuries can be debilitating. The uncertainty of the situation can cause some individuals to make poor decisions, such as fleeing the scene of the accident.

While most of us don’t think about accidents until they happen, being armed with the knowledge of what to do if one occurs can help reduce the stress in the situation and ensure the best outcome. Below, you will find steps to take if you are involved in one:

1. Stay at the scene. New York State requires that in case of any accident – whether it is a fender bender or involves a serious injury or death – the operator of an involved vehicle:

  • Stop
  • Exhibit his or her driver’s license
  • Exhibit his or her insurance identification card
  • Give his or her name and residence, and
  • Report the incident to a police officer.
  • If no police officer is in the vicinity, then he or she must report the incident to the nearest police station.

Failing to do so can result in a fine, other penalties as well as prison time, depending on the severity of the accident.

2. People first. It may be a natural reaction to first check on the damage to your vehicle. However, a matter of seconds can make a difference between life and death. If you are mobile and not injured yourself, check on the rest of the passengers and get immediate medical attention, if necessary.

3. Call the police. If the accident results in property damage or physical injury, call the police. Ask that a formal police report is filed and take down the names and badge numbers of all officers involved. It is your right and can make a significant difference in your case.

4. Take down contact information for witnesses. If somebody saw the accident, don’t assume that the police will take down their information. If possible, get their names and contact information yourself.

5. Take photos. Try to take photos of all property damage and anything else you find to be significant. In addition to assisting your attorney, photos will help your insurance claim adjuster better determine the extent of the damage.

6. Call an attorney. If you are injured in the accident, after you call the police, call a personal injury attorney. When you call our office, we will instruct you on the best steps to take right away to help ensure the best outcome for your case. Keep in mind that often the most important actions in a personal injury case are taken at the site of accident and shortly thereafter.

7. Only discuss your accident with your attorney. After an accident, you will likely receive calls from investigators, your insurance company, the insurance company representing the other vehicles and, possibly, attorneys.

It is your right – and in your best interests – to politely redirect all callers to speak only with your attorney instead. Like they say on television, “anything you say can and will be used against you”.

If you are involved in a car accident, motorcycle accident, workplace or premises accident, give Gropper Law Group a call at 212-366-4600 for a free case review. Remember, we only receive compensation if you do.

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Having the Right Insurance Coverage BEFORE the Accident

All too often, when Gropper Law Group gets retained to represent victims of motor vehicle accidents, they find out the hard way that they had insufficient insurance coverage to adequately protect themselves. Thus, you should make sure that you have the correct insurance coverage in place BEFORE the accident! It’s OK to protect your assets, but you also need to protect yourself!!

This post will focus on 3 important insurance coverages: Supplemental Uninsured/Underinsured Motorists Coverage (UM/UIM), Additional Personal Injury Protection (APIP), and Supplemental Spousal Liability.

When purchasing automobile insurance coverage, most people focus exclusively on their Bodily Injury (BI) liability, which pays for injuries that other people suffer as a result of an accident which they (or others using their vehicle with permission and consent) caused.

BI liability limits are usually split limits, which means they provide a certain amount of coverage per person and a maximum total amount per accident. For example, a policy may have a split BI limit of $100,000 per person/$300,000 per accident. If you caused an accident and there were two people in the other car, the policy would pay no more than $100,000 for one person’s injuries and no more than $300,000 for both people’s injuries combined.

However, what happens when YOU are the accident victim? What happens if you are stopped and waiting for a red light and an uninsured or underinsured vehicle behind you smashes into your vehicle?

The minimum legal BI liability limits in New York are only $25,000 per person/$50,000 per accident and if the offending vehicle has either no insurance coverage or minimum limits, it is critical that you have adequate Supplemental Uninsured/Underinsured Motorists Coverage (UM/UIM) in place or you may find yourself limited to $25,000, which is often woefully inadequate to compensate you for the injuries that may sustain.

If you have adequate Supplemental Uninsured/Underinsured Motorists Coverage (UM/UIM) in place, however, then you can look to your own insurance coverage to protect yourself in the event of serious injuries sustained as the result of the negligence of the uninsured – or under insured – driver. While you are not allowed to have UM/UIM limits that are higher than your own BI liability limits, we recommend that the Supplemental Uninsured/Underinsured Motorists Coverage (UM/UIM) coverage be as high as the Bodily Injury liability limits. Note that New York UM/UIM only applies if the accident happens within the State of New York. If you’d like to have UM/UIM apply when you are traveling out of state, you’ll have to add an endorsement (something that changes the standard insurance contract) to your policy for an additional fee.

Personal Injury Protection (PIP) is required coverage in the state of New York. Personal Injury Protection provides certain benefits up to a set amount if you are in an accident, including coverage for medical bills (up to 50,000), increased household expenses ($25/day for 3 years following the accident), 80% of lost wages up to a maximum of $2,000/month for 3 years, and a $2,000 death benefit in addition to the basic $50,000 PIP benefit. For an extra fee, you can also add to the basic PIP coverages and obtain Additional Personal Injury Protection (APIP).

Additional Personal Injury Protection (APIP) raises the PIP benefit limit from $50,000 to $100,000. Guest PIP coverage extends PIP coverage to out-of-state passengers who would not ordinarily be covered. Optional Basic Economic Loss (OBEL) coverage is another additional PIP coverage that adds an additional $25,000 worth of benefits for basic economic loss, which includes lost wages, medical bills, etc.

If you are in an at-fault accident and your spouse is a passenger, he or she is generally excluded from receiving benefits under your Bodily Injury liability coverage. However, if you select Supplemental Spousal Liability, your spouse would be eligible to receive payments from your Bodily Injury benefits if he or she was injured in an accident that you caused. For this coverage to apply, your spouse would have to use up all of your Personal Injury Protection and Medical payments benefits first.

Other insurance coverages commonly found on New York auto policies include Property Damage Liability (PD), Medical Payments, Comprehensive and Collision Coverages, and Accidental Death and Dismemberment Coverage (AD & D).