Injured in a Delivery Vehicle Accident

Dealing With Insurance Companies

Get a professional Long Island injury lawyer on your side.

When you are in an auto accident in New York, and you suffer physical and/or property damage, you ordinarily would look to the insurance company to compensate you. It could be your own insurance company or that of the other party. New York is a no-fault state, which means basically that for "non-serious" injuries, your insurance company will pay medical bills and any lost wages up to a certain amount while not allowing you to take the matter to court. It does not matter who is actually at fault for the accident. No-fault also includes accidents with pedestrians and bicycle riders.

In a case in which you or someone you love has suffered serious injuries, you could have problems, as the insurance company will take certain actions to minimize the status of your injury, and keep it within the non-serious status. If you have been injured in an accident, you need to contact a Long Island car accident attorney who handles motor vehicle accidents to find out what kind of compensation you really should be able to recover. The more serious the injury, the more important it is to be represented by an Long Island auto accident lawyer who has the experience and skill to fight aggressively to see that you receive the full benefits you deserve.

Cases of Serious Injury in Long Island

A problem can arise with the term "serious injury." If your injury qualifies for this status, then you will have the ability to sue for greater compensation for pain and suffering. This is not related to who is actually at fault. Your insurance company may hire an independent medical professional to look over your medical records. This doctor will not examine you personally, in most cases. Quite often, this doctor will report that you did not suffer a serious injury, or that no treatment is necessary at all, thus denying any no-fault benefits.

Or insurance may pay some of the medical bills, but upon the recommendation of the independent doctor may claim that no further treatment is necessary, or that you can in fact go back to work, may cancel any further benefits. These are distressing issues to deal with, and most people are unsure what to do next, or just accept the low settlement, which may not even cover medical expenses, much less lost wages.

Under no-fault insurance, the maximum amount that can be paid is $50,000 per injured person in the insured's vehicle, or a pedestrian hit by that vehicle. This payment is for actual medical bills, a portion of lost wages, and any other necessary, basic expenses. There is no compensation for "pain and suffering." If you suffered injuries that qualify under the "serious injury" category, then your case can be brought to court. These cases can be quite complex and require a very knowledgeable lawyer to persuasively present a well-documented case, and fight for your rights against the insurance company.

How can a personal injury attorney help me?

Without legal representation, you are fighting an uphill battle with an insurance company if you hope to be properly compensated for injuries and lost wages incurred in an accident. There are specific deadlines for filing claims. An investigation by an experienced personal injury lawyer could involve any or all of the following: hiring investigators to investigate the accident scene, retaining medical and property damage experts, accident reconstruction experts, and full case analysis and trial preparation, if a case is not settled prior to trial.

At The Odierno Law Firm, P.C. once we know the facts of the incident and the full extent of injuries and damages, we can advise you as to whether your case truly falls under the no-fault status or whether you should be seeking compensation for more serious injuries.

We take over all the necessary paperwork and negotiations with the insurance company involved. Contact us to find out how we can help you.

We Have Recovered OVER 100 MILLION DOLLARS

  • $1.2 Million Dollar Settlement

    Facts: Plaintiff was driving his motor vehicle straight when defendant, who was legally drunk, crossed over a divider and struck the plaintiff's car head on. Plaintiff was the only occupant in the car and died instantly. Plaintiff had dependent wife and teenage son.

  • $1.6 Million Dollar Settlement

    Plaintiff is a 50 year old man who was doing repair work on a residential residence in Suffolk County. He was on a ladder when several bricks in the patio supporting the ladder gave way causing him to fall to the ground. The homeowner was negligent due to the improper construction and maintenance of the brick patio. Plaintiff suffered injuries to his pelvis, back, neck and legs and is disabled from future work.

  • $850,000 Mediated Settlement

    Facts: Plaintiff is a 65 year old male driving his motor vehicle at approximately 3:00 a.m. when a tour bus pulled out from a parking lot. Plaintiff was driving straight and struck the middle of the tour bus on the driver's side. Defendant claimed that he was stopped in the roadway waiting to make a left hand turn and plaintiff had ample to see the tour bus and avoid a collision.

    Defendant additionally argued the reflectors on the side of the bus would make the bus clearly visible and that plaintiff was fatigued from work. Plaintiff suffered broken ribs and a fractured hip requiring an open reduction and necessitating plaintiff walk with the assistance of a cane.

  • $600,000 Trial Verdict

    Facts: Plaintiff is a 38 year old livery cab driver. He parked his car at the end of his shift in the dispatch garage and was walking to the office. Another car entered the garage at an unreasonable speed and skidded on oil that was left pooling by the owner of the garage. The car pinned plaintiff up against the garage wall breaking his left tibia and fibula and causing him to suffer permanent limp.

    Defendants claimed there was a safe egress from the garage and plaintiff was responsible for putting himself in harm's way. Additionally, defendants submitted surveillance video of plaintiff participating in recreational sports.

  • $555,000 Mediated Settlement

    Plaintiff is a 33 year old man who was riding his bicycle through an intersection when he was struck by a motor vehicle and injured his left knee. Plaintiff suffered a torn ACL requiring surgery an extensive rehabilitation. Plaintiff's injury resulted in a 1 inch atrophy of the left quadriceps muscle. Defendant claimed his motor vehicle was stopped at a red light when plaintiff rode off the sidewalk and struck the right front quarter panel of the vehicle.

  • $395,000 Settlement at Jury Selection

    Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.

  • $390,000 Mediated Settlement

    Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.

  • $350,000 Trial Verdict

    Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff's motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff's own doctors he made an excellent recovery and suffered no restrictions.

    Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.

  • $300,000 Settlement During Trial

    Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.

    Defendant claimed that the plaintiff's injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.

  • $295,000 Mediated Settlement

    Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.


  • Very professional, helpful and efficient.

    “I highly recommend the Odierno Law Firm. His entire staff is very professional, helpful and efficient.”


  • I can give no better recommendation then The Odierno Law Firm; my trusted advisers and the lawyers I can count on.

    “As a small business owner, it is imperative that I surround myself with a team of people that can help me lead from the front. O2 law allows me the peace of mind to know that I have professional and high level legal help whenever I need. Whether you have a current issue, or are in need of legal guidance, I can give no better recommendation then The Odierno Law Firm; my trusted advisers and the lawyers I can count on.”


  • Thank you for all your help

    “Just wanted to say thank you for everything, it was a pleasure to work with Maria and Stephanie who worked on my case. They were so friendly and especially given the circumstances of being in pain they really made this awful experience better and manageable. They really were on the ball and I can not thank them enough. Thanks for great service!!”

    Jennifer DiPietro

  • I've been using Odierno Law Firm for over 10 years and I've only had nothing but success.

    “I've been using Odierno Law Firm for over 10 years and I've only had nothing but success. They are great law firm to work with I would recommend them every day.”


  • I highly recommend this law firm!!

    “The whole staff is completely heart warming!! After my accident they came to my house to talk to me cause my mobility wouldn't let me go to them They constantly call and email to see how I'm doing. I highly recommend this law firm!!”



  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.