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.

  • $175,000 UM Arbitration

    Plaintiff is a 65 year old man who was injured when walking to his car parked on the street in front of a house he was visiting. Plaintiff was struck and knocked to the ground by an unidentified driver. Plaintiff reported the accident to the police and sought evaluation at the hospital. Plaintiff did not treat for one month after the accident as he was suffering from unrelated physical ailments. When plaintiff did seek treatment it was determined he suffered a torn ligament in his hip. Plaintiff’s doctor opined that the only remedy was surgery and plaintiff was not a candidate because of his COPD. Defendant contested the validity of the occurrence as well as the causation of the injury. Defendant cited the plaintiff’s previous injuries and accidents claiming his hip injury was a consequence of prior falls as well related to his history of arthritis.

  • $200,000 Mediated Settlement

    Plaintiff was a 26 year old male who died during a house fire occurring in Suffolk County. The defendant, who is the owner of the house admitted that she could not credibly testify the smoke detectors were operational as they were not checked regularly. Defendant home owner also admitted that the batteries used in the smoke detectors were never changed to her knowledge. Counsel for the defendant alleged that the plaintiff engaged in culpable conduct in the origin and subsequent spreading of the fire. Counsel also attempted to limit damages by emphasizing plaintiff did not have any dependents.

  • $250,000 Mediated Settlement

    Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff's injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.

    Plaintiff's surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.

  • $250,000 Mediated Settlement

    Plaintiff is a 54 year old woman who was exiting her motor vehicle when she slipped and fell on ice and snow in defendant's parking lot. Plaintiff sustained a fracture of her left ankle requiring surgery. Defendant claimed that they plowed, sanded and salted the parking in a reasonable manner and furthermore plaintiff did not suffer any residual limitations from the injury and resulting surgery.

  • $250,000 Settlement During Trial

    Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff's car.

    Defendant struck the plaintiff's stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.

  • $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.

  • $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.

  • $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.


  • 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.”


  • The Odierno Law Firm is the most professional law office I have ever dealt with.

    “The Odierno Law Firm is the most professional law office I have ever dealt with. All calls are returned in a timely manner. The attorneys are very knowledgeable. And I would highly recommend this Law Firm to anyone who is looking for complete professionalism.”


  • Very professional, helpful and efficient.

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


  • Thank you for all your help

    “They were so friendly and especially given the circumstances of being in pain they really made this awful experience better and manageable.”

    Jennifer DiPietro

  • I would highly recommend their services to those that need a good personal injury law firm.

    “I would highly recommend their services to those that need a good personal injury law firm.”



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