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A. Craig Purcell

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

For many people, a first arrest feels like the end of the world. Fear, embarrassment, and uncertainty can overwhelm someone who has never been on the wrong side of the law. But thanks to New York’s new Clean Slate Act, there is now a path for eligible individuals to move beyond their mistakes and work toward a brighter future.

The Clean Slate Act, which took effect on November 16, 2024, automatically seals eligible convictions—misdemeanors after three years and felonies after eight years—if certain conditions are met. This means those convictions will no longer be visible to the general public, including landlords, employers, and educational institutions. However, not all crimes are eligible. Serious offenses, like sex crimes and certain Class A felonies, are excluded. Additionally, sealing does not erase the record entirely; some agencies, such as law enforcement or employers in sensitive industries, will still have access.

While the Act offers a lifeline, it also requires patience. To qualify, a person must stay out of trouble—no new arrests or convictions—and meet other requirements during the waiting period. It could take until 2027 for the state to process all eligible cases, but for those who qualify, the potential benefits are life-changing.

Turning fear Into action

The first question many people ask after an arrest is, “Will this follow me forever?” The Clean Slate Act allows individuals to hope for a fresh start. It is an opportunity to reduce barriers to jobs, housing, and education, but it does not wipe the slate entirely clean. For example, the Act does not restore gun rights or erase the record entirely for government purposes.

The key is to take charge of the situation now. Yes, this moment may feel overwhelming, but it does not have to define your future. The Clean Slate Act is not automatic for everyone, and eligibility depends on what you do from this point forward.

From mistake to opportunity

Many first-time offenders feel stuck in shame and regret. While these emotions are natural, dwelling on them will not help you move forward. Instead, focus on the future. What can you do now to improve your situation?

The Clean Slate Act rewards those who stay on the right track. During the waiting period, you must avoid legal trouble, maintain employment, and contribute positively to your community. While it may take time, the effort is worth it. A sealed record can open doors to better job opportunities, housing, and education.

Other challenges to consider

Even with a sealed record, some barriers remain. For instance, getting licensed in certain professions—like nursing, real estate, or teaching—can still be challenging. The New York State License Guides can help explain what to expect when applying for licenses in various industries. Understanding these challenges now can help you better prepare for the future.

A second chance is within reach

Everyone makes mistakes, but those mistakes do not have to define the rest of your life. The Clean Slate Act is proof that people deserve second chances. It gives hope and opportunity to those willing to take the necessary steps to rebuild their lives. 

By focusing on the future, making good choices, and staying committed to personal growth, you can take control of your story. The past may leave its mark, but it does not have to limit your future. With the Clean Slate Act, a fresh start is possible—and within reach.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

The era of self-driving vehicles is now upon us. Presently fourteen states have passed legislation or issued executive orders permitting the testing and operation of autonomous vehicles either with or without human drivers. These states have differing levels of regulations, but they generally allow for testing, and in some cases, full deployment of automated driving systems. For illustration, we have included a chart below.

As self-driving vehicles shift from science fiction to reality, the implications for traffic laws are profound. For lawyers and drivers alike, understanding these changes isn’t just academic; it’s becoming essential. For example: who’s at fault when a driverless vehicle in involved in an accident? How do we enforce traffic laws on vehicles that don’t make mistakes? And what does all this mean for insurance coverage? 

Who’s responsible when no one’s driving?

Imagine this: a fully autonomous vehicle (AV) gets into a fender-bender. The “driver” was reading a book, and the car was doing all the work. Who’s at fault? 

Traditionally, liability falls on the driver, but when a car is self-driving, things get murky. Are we looking at a case of product liability, where the car manufacturer could be responsible, or does the blame shift to the software developers if the problem was a coding error? Or is it ultimately still the driver’s fault?

This isn’t just a thought experiment. As cars become more automated, courts will have to decide whether traditional concepts of liability apply. Shifting responsibility from drivers to manufacturers could have far-reaching effects. Car companies might find themselves more frequently in court, and we could see new standards for vehicle safety and software updates. 

Enforcing traffic laws in a driverless world

One of the selling points of AVs is that they should, in theory, eliminate human error. No more speeding or running red lights — just safe, compliant driving. But what happens when autonomous and human-driven cars share the road? The mixture in driving behavior could lead to unexpected problems.

Take, for example, a four-way stop. An autonomous vehicle is programmed to wait its turn, but what if human drivers—often more aggressive and impatient—don’t follow the rules? Who gets the ticket if there’s a collision? And how will traffic police adapt when the ‘drivers’ in these cars aren’t driving at all? The answer could lie in automated reporting, where AVs log and transmit data directly to authorities. But this raises privacy concerns and brings a whole new meaning to the term “big brother is watching.”

Changes in insurance and driver responsibility

If you’re sitting at the wheel of an AV, are you still considered a driver? This question could redefine driver responsibility. Currently, drivers are expected to stay alert, even in vehicles with high levels of automation. But as technology advances, that role could diminish. We might see the legal definition of a driver evolve, impacting everything from traffic tickets to DUI laws.

And what about automobile insurance? Today’s policies focus on human drivers—their history and behavior. But if the car, bus, or truck is driving, does your spotless record even matter? We could see a shift to policies that are more like product insurance, focusing on the vehicle and its technology rather than the person behind the (sometimes non-existent) wheel. Insurance could become bundled with the car’s cost, or we might see new types of policies that blend traditional auto insurance with product liability coverage.

Preparing for the future

Regulators are already taking steps to prepare for this brave new world. The National Highway Traffic Safety Administration (NHTSA) is working to develop guidelines. While states like California have begun to draft specific rules for AV testing and deployment. New York likely won’t be far behind. 

Autonomous vehicles promise to revolutionize transportation, but they also present a host of practical questions.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

Historically, the news predominantly focused on driving while impaired by the consumption of alcohol. However, driving while a person’s ability to do so is impaired by drugs, including marijuana, is equally dangerous and critical. This is especially so in light of marijuana being legalized for recreational use in New York. This month we will delve into the distinctions between driving while ability impaired by alcohol and drugs, specifically marijuana, under New York State law.

We all know that it is illegal to drive a vehicle while your ability to do so is impaired by drugs, including marijuana, as stated in the Vehicle and Traffic Law (VTL) § 1192(4). Even for a first-time offense, the penalties for violating this law can be severe.

Below is a helpful comparison of the penalties for driving while impaired by alcohol versus drugs.

It should be noted that a significant difference between these two offenses is the severity of the above consequences. A DWAI by marijuana conviction results in a criminal record from the first offense, whereas a first-time DWAI by alcohol does not. However, proving impairment due to marijuana can be more complex. Unlike alcohol, where Blood Alcohol Content (BAC) levels provide a straightforward measure of impairment, the presence of drugs like marijuana does not necessarily indicate impairment. The prosecution must demonstrate that the driver’s ability to operate the vehicle was actually impaired. However, there is a movement underfoot to lower the legal BAC limit, which would seriously affect the enforcement, prosecution, and defense of Driving While Intoxicated (DWI) cases. More will be written about this in future articles.

Currently, there is not a universally accepted test equivalent to the breathalyzer for marijuana. This makes it more challenging for prosecutors to prove impairment beyond a reasonable doubt. Therefore, individuals charged with DWAI by drugs may have a stronger defense so long as they are prepared to challenge the prosecution’s evidence, including the legitimacy of the traffic stop.

However, let us remind you that while both substances can impair driving abilities, it is crucial to remember that smoking marijuana or drinking alcohol before driving isn’t illegal per se—impairment is the key factor. The law requires proof of impairment, not just consumption. As laws evolve, especially with the increasing legalization of marijuana, understanding these nuances becomes even more critical. If you’re facing charges related to impaired driving, it’s advisable to seek experienced legal counsel to navigate the complexities of the law.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In last month’s column, we delved into the DMV point penalties for speeding violations in New York State. This month, we will explore the points assessed for other vehicle and traffic moving violations. Understanding these penalties is crucial for all drivers, as accumulating points can lead to higher insurance premiums, fines, and even license suspension. Below is a detailed look at the points assigned for various moving violations in New York State.

High-Point Violations (5 Points)

Reckless Driving

Reckless driving is a very serious offense that can obviously endanger the driver and other road users. In New York, a driver can be found guilty of reckless driving for operating a vehicle in a manner that unreasonably interferes with the use of public highways or unreasonably endangers other drivers, cyclists, or pedestrians. Law enforcement officials have wide discretion in determining what constitutes reckless driving. In order for a reckless driving charge to hold up in court, the prosecutor must prove that the driver was acting in a way that showed a disregard for the safety of others, in a manner that a reasonable person would not have done.

Failure to Stop for School Bus

Failing to stop for a school bus when it is picking up or dropping off children is a significant violation. This rule is strictly enforced to protect the safety of schoolchildren.

Improper Cell Phone Use

Using a cell phone while driving, unless it is hands-free, is deemed to be a significant distraction and is penalized heavily. 

Use of Portable Electronic Device (‘Texting’)

Texting while driving is considered one of the most dangerous forms of distracted driving. This is why it carries a severe penalty and is differentiated from “Improper Cell Phone Use,” which does not always cause a driver to look down to use their device.

Railroad Crossing Violation

Ignoring railroad crossing signals or attempting to cross when a train approaches clearly poses extreme danger and thus incurs a high-point penalty.

Moderate-Point Violations (3 Points)

Failure to Yield Right-of-Way

Failing to yield the right-of-way often leads to motor vehicle accidents and is taken seriously by traffic enforcement.

Running a Red Light

If a police officer observes a driver running a red light, this may result in a 3-point violation. However, if a driver is photographed by a road camera running a red light and receives a red-light ticket in the mail, this is a no-point violation. Our next column will discuss the reasoning behind this, outlining the various tickets you can receive due to cameras and video recordings.

Disobeying Traffic Control Signal, STOP Sign, or YIELD Sign

Ignoring these fundamental traffic controls is also very hazardous and results in a three-point penalty. And it is worth pointing out that you must completely stop your vehicle or risk a camera violation.

Improper Passing or Changing Lane Unsafely

Unsafe lane changes and improper passing cause many collisions, making them serious enough to carry a 3-point penalty.

Driving Left of Center/Wrong Direction

Driving on the wrong side of the road or in the wrong direction is obviously dangerous and penalized accordingly. Many severe injuries or even deaths are caused by this behavior.

Leaving Scene of Property Damage Incident

Leaving the scene of an incident without reporting can complicate legal matters and is thus penalized, even when no one is injured in the accident.

Child Safety Restraint Violation

While ensuring children are properly restrained in vehicles is crucial for their safety, the police give out more summonses for this than you can imagine. Violations here carry a three-point penalty.

Low-Point Violations (2 Points)

Inadequate Brakes (Employer’s Vehicle)

If an employer’s vehicle has inadequate brakes, it incurs a two-point penalty, emphasizing the importance of vehicle maintenance.

Failure to Signal

Not using signals to indicate turns or lane changes often leads to confusion and accidents. You have probably cursed (not out loud, of course) when a driver has done this in front of you on the highway. Take solace in knowing that this can result in a two-point penalty.

Improper Turn

An improper turn can disrupt traffic flow and cause accidents, warranting a two-point penalty.

Tinted Window Violation

Excessively tinted windows can impede visibility and are thus regulated. Violations here result in a two-point penalty.

Most Other Moving Violations

Minor moving violations that don’t fit into other categories typically carry a two-point penalty.

In conclusion, understanding the points associated with traffic violations can help drivers avoid infractions and the subsequent penalties. Always stay aware of traffic laws and drive safely to protect yourself, your passengers, and others on the road. If you find yourself facing a traffic violation, it is important to contact a knowledgeable attorney to understand your options and potentially mitigate the penalties. Remember, if you incur 11 points in an 18-month period, your driver’s license may be suspended.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

In the ongoing battle against impaired driving, the stakes couldn’t be higher. With potent synthetic drugs flooding into our communities, state legislators are feeling the pressure to modernize existing laws and ensure that those who choose to drive under the influence face appropriate consequences.

One of the primary concerns among lawmakers is the outdated nature of the current list of illegal drugs outlined in public health law. Democratic Assemblyman Bill Magnarelli pointed out the glaring flaw, stating that the list can’t keep pace with the rapid influx of new drugs hitting the streets. And he’s not alone in his sentiment; Onondaga County District Attorney William Fitzpatrick echoed Magnarelli’s concerns, emphasizing the ease with which drug manufacturers can skirt legislation by altering chemical compositions overnight.

This legislative lag poses a significant challenge for law enforcement, making it increasingly difficult to prosecute impaired drivers effectively. As Magnarelli aptly said, “You can’t keep up with it.” This sentiment underscores what our legislature sees as an urgent need for updated legislation that can adapt to the ever-evolving landscape of drug abuse and impairment.

Thus, Assemblymen Magnarelli’s proposed bill seeks to overhaul New York State’s vehicle and traffic law. At its core lies a crucial revision: broadening the definition of “drug” to encompass any substance or combination thereof that impairs physical or mental abilities. This change is essential in recognizing the diverse array of substances capable of impairing drivers, ensuring that the law remains relevant and effective in safeguarding public safety.

However, not everyone is on board with Magnarelli’s proposal. Critics argue that the bill’s reliance on subjective judgment in diagnosing impairment may pose challenges. Yet, Magnarelli remains resolute in his conviction: “Don’t get behind the wheel.” For him, the message is crystal clear — driving while impaired is not worth the risk.

As the bill navigates through the legislative process, its fate hangs in the balance. With a version also under consideration in the Senate, the stage is set for a pivotal debate on how New York State can best address the issue of impaired driving. Be assured, however, that there has never been a time when it was more advisable for anyone charged with a drug and/or drinking-related offense to obtain experienced counsel to represent them in the courts of New York State.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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DMV has proposed to increase the point value for certain violations such as passing a stopped school bus. METRO photo

By A. Craig Purcell, Esq.

A. Craig Purcell

Back in September of 2023, the New York State Department of Motor Vehicles (DMV) issued a press release to announce proposals to strengthen regulations “to get dangerous drivers off the road.” These proposed amendments would bolster the state’s ability to remove drivers who engage in risky behavior and make it “more difficult for persistent violators to restore driving privileges.” 

These changes in regulations are part of a multifaceted strategy to combat reckless driving, which endangers everyone. 

Commissioner of the New York State Department of Motor Vehicles and Chair of the Governor’s Traffic Safety Committee, Mark J.F. Schroeder, stated that “the message is simple: If your actions behind the wheel put others in danger, you don’t belong in the driver’s seat. That’s why we are proposing significant and aggressive actions to protect other drivers, motorcyclists, bicyclists, pedestrians and children. Everyone deserves to feel safe regardless of how they choose to commute or enjoy our roads.” The amendments will: 

1. Increase the number of points associated with dangerous driving. 

The long-established Driver Violation Point System gives the NYS DMV a way to identify and act against high-risk drivers. The DMV assigns points for certain traffic violations. DMV is proposing to add point values to violations that presently have none. These violations include alcohol or drug-related convictions, driving without a license, and any violation involving speeding in a work zone, leaving the scene of a personal injury crash, or striking a bridge. DMV has also proposed to increase the point value for certain violations such as passing a stopped school bus.

2. Decrease the threshold at which dangerous drivers are disqualified from holding a license. 

Currently, if a licensed driver accumulates 11 points in 18 months, his or her driver’s license may be suspended. The DMV is proposing to amend that regulation to keep more habitual offenders from driving. The proposed amendment will increase the time frame that administrative action can be taken against a persistent violator from 18 months to 24 months. DMV is also proposing changes to the point system used to evaluate requests for re-licensure after drivers have been convicted of multiple reckless driving and similar violations. 

These changes will make it more difficult for drivers with many convictions to regain their driving privileges. During that evaluation process, DMV is also proposing a change that will allow the agency to consider an applicant’s driving history going back four years from the date they applied for re-licensure. DMV previously looked at a driver’s record going back three years.

3. Lower the bar for permanent license forfeiture for reckless drivers who continue to drive under the influence of drugs or alcohol. 

DMV is also proposing to reduce the number of alcohol- or drug-related driving convictions or incidents that would result in a permanent denial of a driver’s license application. Currently, where regulations stipulate that an application for re-licensure be denied if a driver has five or more alcohol or drug-related driving convictions, the DMV is proposing to lower that number to four or more alcohol or drug-related convictions. 

The DMV is also proposing to change regulations to allow for permanent license revocation after three alcohol- or drug-related driving convictions plus one or more other serious driving offenses. 

Other proposed changes will empower the DMV to deny an application for re-licensure for two years if the applicant has three alcohol- or drug-related driving convictions and no serious driving offense. Other applicants who meet the same criteria but have a current license revocation for an alcohol or drug-related conviction will face a five-year revocation.

We will keep the public informed on the progress of these proposals in the New York State Legislature.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell

A. Craig Purcell

As we embark upon a new year, it naturally prompts a period of introspection and planning. We have the opportunity to retrospectively examine the last 12 months, extracting valuable insights to help form our plans for the new year.

This thought process is not exclusive to personal reflection but extends to essential matters such as automobile and homeowner’s insurance. Conducting an annual review of some insurance components is advisable to ensure the best coverage. Given the prevalent spirit of setting and achieving resolutions during this peak season, why not proactively address a few insurance-related objectives?

To facilitate this process, we are pleased to offer a comprehensive insurance checklist for the new year, aiding you in navigating this crucial aspect of financial planning.

1. Compare rates: Do you believe you’re overpaying for auto insurance? You very well may be. But you’ll never know unless you do some comparison shopping. You should review your insurance policy to determine how your premium is trending. It is possible that despite maintaining an exemplary driving record, your premium may have experienced an increase. Alternatively, an unfortunate accident could have precipitated a significant spike. Participants in telematics insurance programs may observe regular fluctuations in premiums on a monthly basis, potentially necessitating a reconsideration if such uncertainty induces unease. Awareness of these subtleties helps you make well-informed decisions and guarantees that your insurance coverage meets your needs and expectations.

2. Find out how much it would cost to replace your home: Understanding your home’s replacement cost is a critical component of a homeowners insurance policy. This is also known as your dwelling coverage limit, and it determines the cost of repairing or replacing your home if it is damaged or destroyed.

It’s important to understand that the replacement cost is not the same as the market value of your home. You can’t just go to Zillow or another home valuation website and get an estimate for your house.

Furthermore, in order to be fully covered, your dwelling limit must be at least 80% of the rebuild value of your home. Otherwise, the insurer is only required to cover damages in proportion to the amount of coverage you have.

Several factors influence the cost of rebuilding your home. Consider the age and square footage of your home, the type of foundation and roof, local building and zoning codes, and any home additions or upgrades.

Given the likelihood of modifications or renovations to your home over the years, it is advisable to compute the replacement cost of your home annually. Likewise, promptly updating this valuation with your insurer, as necessary, is a prudent practice to ensure that your coverage aligns accurately with the current value of your property.

3. Keep an eye out for new exclusions: Even though insurance policies cover a wide range of situations, there are usually exclusions. A typical home insurance policy, for example, does not cover damage caused by natural disasters such as floods, earthquakes, or hurricanes. Certain insurance companies may also refuse to cover pets or may only cover certain breeds.

Check your policy for exclusions at the start of the year. It’s possible they were added without your knowledge. Exclusions could include large purchases such as jewelry, artwork, or electronics. If you notice an exclusion for something that concerns you, it may be worthwhile to purchase separate coverage.

4. It doesn’t hurt to ask for a discounted or reduced premium: Insurance providers extend discounts for a myriad of reasons, such as exemplary driving records, academic achievements, military service, and the bundling of auto and home insurance, among others. It is worth noting, however, that not all insurance companies offer identical discount structures. Indeed, many may not proactively communicate the full spectrum of available discounts unless prompted by a customer inquiry.

While exploring all your insurance options, it is prudent to proactively engage with your current insurer or prospective ones to inquire about available discounts. Whether you possess a commendable driving history, hold student status, or have a military background, it is advantageous to communicate these attributes during your inquiry.

Discount offerings may vary across different insurers, but it is not uncommon to secure substantial reductions on monthly premiums. This translates to noteworthy annual savings, potentially amounting to hundreds of dollars.

As the new year unfolds, filled with anticipation for what lies ahead, consider using this checklist to help usher in a more welcoming and financially prudent future.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

So many Long Islanders, both young and old, ride motorcycles these days that we are constantly being asked about insurance coverage available for this exceedingly common means of transportation and recreation.

The first thing you need to know is that you can obtain motorcycle insurance, and more importantly, liability insurance for motorcycles is mandatory in the State of New York. This means you must insure your motorcycle in order to register it here.

What type of insurance is mandated for motorcycles? The motorcycle must have liability insurance in the minimum amount of $25,000, as is the minimum for all New York automobiles. The standard minimum coverage for both is as follows:

— $ 25,000 in bodily injury per person

— $ 50,000 in total bodily injury per accident

— $ 10,000 in property damage per accident while operating your motorcycle

This requirement means that if you are at fault for someone else’s injury, these are the minimum protections for your liability. Remember, these are only the state required minimum coverages, and higher coverage amounts are strongly recommended to protect your assets.

It is important to understand that no-fault insurance coverage (personal injury protection) is unavailable for motorcycles. This means that your medical bills will not be paid by your own insurance company. This differs from the policy covering your own automobile, which insurance coverage requires that your reasonable medical bills be paid by your own company even if the accident was your fault. 

As our first article in this series, “Only pay for what you need. The question then becomes: What do you need?” explained supplemental underinsured coverage is extremely important and mandatory for motorcycles, as well as automobiles. 

As emphasized in that article and throughout this series, obtaining more than the minimum amount of coverage available (as outlined above) is highly recommended and should be discussed with your insurance broker or insurance company.

In concluding our discussion concerning motorcycle coverage, we wish to emphasize our strong advice to resist the temptation to purchase the minimum coverage allowable in the state, and obtain more than the minimum coverage mandated. Do not let the additional costs persuade you from paying for what you and your family really need to protect your assets and give you peace of mind.

Please see our March and April columns explaining what No-Fault Insurance coverage means for you and your family in addition to our June column discussing the MVAIC and its applicability to motorcyclist’s claims.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In our last column, we outlined the criteria for eligibility to seek compensation or monetary damages for injuries you sustained in an automobile accident due to another driver’s negligence. We also explained the initial steps necessary to make such a claim. Now it is time to discuss how to evaluate your claim and negotiate with the insurance company insuring the at-fault party who caused the accident. 

Indeed, the first question we, and other lawyers, are often asked is, “How much is my case worth?” Although cliché, the answer is virtually always “It depends.” The truth is that there is no simple or easy answer to this inquiry, nor is there a tried-and-true method to develop a reasonable value for a given case. There are simply no established valuations for any particular injury, no charts to refer to, or answers even Siri can provide you. Among the many criteria for estimating a case’s value are the following:

• The severity of the injury itself

• Permanent disability due to the injury

• Age and occupation of the injured person

• If employed, time missed from work

• Ability to perform functions for daily life in the future (i.e., household chores)

• Ability to enjoy recreational activities, such as sports, that you participated in prior to the accident

• Expenses not paid by your No-Fault insurance carrier.

Several additional factors are considered when evaluating a particular claim; however, those enumerated above are the most important. For example, if the injured person is a construction worker who hurts his or her back in a motor vehicle accident, the effect may be a long period of time out of work. A computer operator who suffers a fractured hand or wrist and develops carpal tunnel syndrome may be disabled for longer than someone in a different position. The same goes for a doctor, electrician, or many other professions. In conjunction with these issues, the pain and suffering caused by the injury leads claimant’s attorneys and insurance companies to come up with monetary damage ranges and amounts.

While this is clearly far from an exact science, lawyers who handle personal injury automobile accident cases have many references they can utilize to evaluate these cases. These include publications reporting recent jury verdicts around the state for particular injuries or even significant settlements. Thus, the personal injury practitioner can get a sense of how much a claimant may expect to receive for a particular injury in each county in New York State, or what an insurance company would be willing to pay for such injuries. 

However, the exact amount your case may be worth is highly subjective and unique to your specific circumstances. Therefore, the claimant and their attorney must discuss the above criteria applicable to the case and start negotiating with the insurance carrier. 

It must be understood that insurance companies are under no legal obligation to pay a claim, although if they do negotiate, they must do so in good faith. This basically means that the insurance company runs certain risks if it makes woefully inadequate offers to settle your claim.

Our next column will answer more often-asked questions, like “Why do I need so much automobile coverage, if I have homeowners’ insurance or an umbrella policy?”

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

After an automobile accident, you should always stop and notify the police. Indeed, under New York State (NYS) law, anyone involved in an accident must stop at the scene, and if the accident caused injuries or significant property damage, it is very important for you to notify your insurance company right away.  

A car accident can have far-reaching consequences on everyday life for you and any other driver or passenger involved. Although an accident may occur within the blink of an eye, the subsequent negative impacts on an injured person’s ability to work and perform daily activities may continue well into the future. This may potentially jeopardize the health and financial security of all parties involved in the accident (driver, passenger, etc.). The property loss that may be sustained may pale when compared to the severe bodily harm from a crash.

As we have discussed previously, New York imposes the following minimum amounts for liability coverage:

• $10,000 for property damage coverage (PDL) from a single accident

• Bodily injury coverage (BIL) of $25,000 per person and $50,000 for all persons injured

• Death coverage of $50,000 per person killed in an accident and $100,000 for all persons killed in an accident

• No-Fault coverage of $50,000

Types of Automobile Liability Insurance

Liability insurance covers damages if someone makes a claim against you for loss or harm as a result of your negligence. Your insurance provider protects you and reimburses the individual who made a claim against you up to the extent of your coverage. In addition to being required by law, liability insurance is crucial to avoid out-of-pocket losses.

If you cause a car accident, your liability insurance, specifically your bodily injury liability policy, will pay for the injured parties’ pain and suffering or permanent injuries after a settlement is reached or a personal injury verdict is rendered. Remember, NYS only mandates that you hold accident coverage of $25,000 per individual. This amount should be increased to protect you and your assets, so paying for a policy that at least provides $100,000 per individual and $300,000 per accident in coverage for all injured persons is essential, and more is strongly recommended 

So how much liability coverage is enough?

As much as you can reasonably afford. Don’t scrimp on liability coverage when deciding how much auto insurance you need. Doubling liability coverage does not mean you will pay twice as much for the additional protection. Low liability limits place your savings and assets at risk should you cause an accident, making it imperative that you purchase as much liability insurance as you can. This is especially so because medical expenses are constantly increasing. 

High liability limits protect you if you cause an accident and prevent you from possibly having to sell your home to cover accident costs caused by a severe injury to the other party. Therefore, it is crucial that you assess whether your liability limits accurately reflect the assets at risk should an accident occur due to your negligence.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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