Noncommercial Guidance for NYC Pedestrians and Cyclists in Case of Possible Car Crash Injury

Dramatis Personae

Confusingly, a car-bike/ped crash may involve many agencies. Twelve government agencies, and six categories of private sector entities, including dozens of private insurance companies, may be involved.

Yet no single entity has oversight of what happens to crash victims. So despite all this company, you’re basically on your own.

Now, consider this. In England, if you get hit by a car, you go to the nearest emergency room and the National Health Service takes care of it, no matter where you live. Of course, if your injuries were severe you might still need numerous specialists, and crash victims may sue for damages if they engage their own attorney. But the ordinary run-of-the-mill crash involves many fewer resources. And the crash rate is lower than in the U.S., too.

 
Federal agencies
Medicare <link>  
New York State
NYS Dept. of Financial Services<link>

Commissioner of Insurance
Regulates the insurance industry.
Examines market conduct “to monitor and assess insurers’ claims practices and ensure they comply with the requirements of the Insurance Law.”
Investigates consumer complaints.

DFS Consumer Service Bureau
Consumers can call with questions from 9am-5pm, Monday-Friday, 1-800-342-3736.
For complaints, visit this Web site.

Motor Vehicle Accident Indemnification Corporation (MVAIC) <link>

New York’s insurer of last resort for people injured by uninsured or hit-and-run drivers, as well as claimants denied by the driver’s insurer. Funded by insurance companies.

NYS Insurance Fund

Worker’s Comp <link>
If victim on the job when crash occurred and their employer is covered.

NYS Disability Insurance <link>
If victim employed by a covered employer and off the job when the crash occurred.

NYS Dept. of Motor Vehicles <link>

Regulates automobile registrations and drivers’ licenses.
Collects crash reports and publishes statistics.

Traffic Violations Bureau <link>
If violation issued for crash.

NYS Court System

NYC Small Claims Court <link>
For claims of up to $5,000.

NYC Civil Court <link>
For civil claims up to $25,000.

NYS Supreme Court <link>
Civil court for filing liability suits, in cases involving “serious” injuries.

NYS Department of Health <link>

Medicaid <link>

Bureau of Emergency Medical Services (EMS)<link>
Regional EMS Councils oversee local public and private ambulance services as per Section 3003 of NYS Public Health Law. (Wikipedia article here.)

 
New York City
NYPD <link>

911 emergency call center
Patrol officer
Local police precinct <link>
Highway Patrol Accident Investigation Unit
Emergency Services Unit
<link>
Assists Fire Dept in vehicle crashes.

NY Fire Dept.

Emergency Medical Services <link>

NYC Dept. of Transportation <link>

Collects statistics.
Street design and maintenance.

NYC Dept. of Health <link>

Health & Hospitals Corp. <link>
Runs public hospitals.
By law, all hospital emergency rooms must stabilize patients in trauma or labor under EMTALA, without regard of ability to pay.

District Attorneys (by borough)

Files criminal charges (rarely).

 
Private Sector
Car owner’s insurance carrier

Auto, property, umbrella, commercial insurance carrier
Insurance adjuster
Independent medical examiner hired by insurer
Other investigator hired by insurer
Insurer’s attorneys

Casualty’s insurance carrier

Auto, property, umbrella, commercial insurance carrier
Insurance adjuster
Independent medical examiner hired by insurer
Other investigator hired by insurer
Insurer’s attorneys

Personal injury attorneys Healthcare providers

Hospitals; physicians; psychiatrists; physical therapists; occupational and rehabilitation therapists; other professional health service providers
As noted above, all hospital emergency rooms must stabilize patients in trauma or labor under EMTALA, regardless of ability to pay.

American Arbitration Association <link>

If claimant opts for arbitration rather than settling with insurer or going to court. Witnesses/Good Samaritans


^ Top of Page ^

NycCarAccident.net
Entire Site Copyright ©2024 Carol A. Wood. All Rights Reserved. Disclaimer
This site is not connected to or affiliated with the City of New York or any other government agency. It has NO affiliation with, nor recommendation for, any attorney or site using a similar name or URL.
Site designed by Anna Buzzelli.