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Anatomy of a Car-Crash Scam

Posted on April 1, 2013 by Lina Maini

scam_alert

According to the National Insurance Crime Bureau, car crash scams are up almost by 50% from the period 2009 to 2012 alone.

Accident investigators are well aware of this insurance claim scam uptick.   Granted, if you are working defense, you will be looking for disqualifiers but those of us who work with plaintiffs’ attorneys are equally as trained and aware of fraudulent claims.  We have to be. Our job, and nature, is to protect our law and legal community clients.

(Recounted in the vernacular.) We have conducted thousands of  MVA investigations at this point in our company’s history.   The majority of the investigations follow a fairly common routine: obtain and review police report, verify factors on said report, interview witnesses and if necessary, on site or actual vehicles involved accident reconstruction.  This is, of course, a very simplified version of the investigative steps involved in MVA cases but again, generally MVA cases are fairly straightforward – from the investigator’s perspective.

Every so often, and more of late,  along comes the case that strikes the investigator as odd.   This is the one where the pieces (sometimes literally) do not come together.  Mid-August 2012, what appeared to be a routine MVA investigation request came across my desk.  The potential clients were  passengers in a vehicle rear-ended by a rental truck.  I was about to assign it out to one of our field operatives for a sign-up and intake when I realized that an out-of-state vehicle was involved. The manager side of me shot down my mental list of state requirements to verify the vehicle’s registrant, owner…

Vehicle 1:

Registrant: Male, 29, recently licensed in PA.

Owner:  U-Haul, (PA). Ok, slam dunk on insurance.  PA driver’s license, valid.

Vehicle 2:

Driver: Male, 52, from the Bronx, NY.

Owner: Livery cab operation in the Bronx. (Same address as driver.)

Victim 1: Female, 38, from the Bronx, NY, soft tissue injuries

Victim 2: Female, infant, age 7, Bronx, lacerations, orbital fracture (ocular)

Victim 3: Male, infant, age 10, Bronx, concussion, broken tooth, face and head lacerations

In the course of a routine def. driver’s address history, one of his former addresses intersected within one block of  our “victim’s” current address in the Bronx.

We ran the adult victim for prior lawsuits.  6 hits.

Intuition. A harder look at the victim’s address history yielded her having lived exactly at the def. driver’s former Bronx address.

I spoke with our client, the attorney, advised him of these developments and requested his permission to re-interview his potential client  and if possible. also have the kids involved present during this meeting.  Approved.

The mother gave a very compelling, emotional account of the accident.  Looking directly at me, eyes dissolved in tears.  She was extremely upset that her children (who were in the cab she had hired to go food shopping) had been injured and traumatized.  I occasionally lobbed a soft question to one of the kids.  They would not look at me directly and answered in staccato, almost sullen responses. (That will happen regardless with most children when interviewed. A stranger is asking them about a painful incident.  We’ve socialized our children to a- not speak to strangers and b- keep quiet about important things unless speaking with a parent or guardian.)  I figured the boy would be the best shot at uncovering anything out of the ordinary as he was older, articulating well,  albeit in spurts,  and not to be a sexist, but boys like cars and actiony-stuff. (Yes, that is professional terminology.)  As the mother was recounting the accident, with a few variations from the attorney’s brief  to me, and now with her eyes diverting from mine, I asked the boy if he had talked to the police and helped his mom explain how the accident had happened.  He said he had talked to the police. ”Did they ask you if you were okay?”  “Yes, ma’am.”  (Intentionally did not ask the next logical question.) Skipped to “Do you remember, Kevin,  if the police asked you if your Mom was okay? Was Sonya ok?”.   He nodded his head  and then blurted out, “ but I don’t  know what happened to Uncle Tommy”.   (Immediate mental note to self, def. driver, middle initial T.) The mother stopped crying for a moment, interjecting immediately, “No, no, Kevin, we do not know if that is the cab driver’s name”.  Then looking directly at me, she said she had used this car service a few times with her children (in tow) so perhaps her son thought he knew him. I slid right over that poor explanation and continued interviewing the mother about her injuries and various other throwaway questions.  Interview completed.

I then took a more in-depth look at the woman’s lawsuit history and another pretty nugget revealed itself.  The def. driver  was also a plaintiff in one of her previous lawsuits. (Apparently, over the years, they’d tired of paying other drivers to rear end them so decided to bring that activity in-house.  The out-of-state license was a nice touch.)

This information returned to my client.  In her first conversation with the attorney, the potential client had stated she did not know of any witnesses, or the drivers involved in the accident, etc.   He refused the case.  (Please don’t ask if the livery cab “operation”, run by an individual out of his apartment,  had active insurance. Also, I’m not going to describe the ethical decisions that the mother made regarding endangering the welfare of children.)

There has been an astounding increase  in car-crash scams within the past several years and especially now, in an economic downturn.  We’ve literally been told,  by the claimants themselves, “I’ve done this before. With kids getting hurt, the insurance companies will settle.”

Our MVA investigation protocol is to do exactly as outlined above:

Ask the potential client if s/he has been involved in prior accidents. (The primary objective is to determine if the victim has a significant, possibly related medical history.)

Run the def. driver’s background to include address history.

If anything unusual will come out, it is generally during this initial “homework” phase and well before our clients go into significant out-of-pocket.

Our Operatives: Street smart; info savvy.

As always, stay safe.

Filed under: accident, mva, scam | Tagged: , , , | Leave a Comment »

Can’t Find Your Client? Witness? or the Defect?? 5 Proactive Steps

Posted on March 19, 2013 by Lina Maini

lost and found

Every attorney has his/her own intake survey (generally varying by incident type) and method of working a case.  Below are several situations that our investigators have experienced in the field, and recommendations based on these incidents.  We hope these observations serve a proactive purpose in keeping a case in check.

1. Your client’s emergency contacts.

Situation: On numerous occasions we’ve had to locate a client that has moved without notifying his/her attorney.

Recommendation:  Obtain the complete contact information of at least 2 relatives and 2 friends NOT living with the client.  (Drilling deeper,  obtain the DOBs of the emergency contacts.  This may appear to be a rather aggressive suggestion but,  at least 2 of these 4 contacts should be within the 25 – 45 years old range.  Obtain an email address as these are often traceable. )

 

2.  The witnesses.

Situation: I’m sure you’ve all seen a PAR w/a witness listed as “Johnny, 917-555-1234″. (or same, similarly incomplete police report).   No address, no surname and a cell phone that may or may not be active in 2 weeks, let alone 2 years.

Recommendation(s):  1. Call “Johnny” immediately.  Obviously,  the first objective is to determine his knowledge of events regarding your client’s matter.  2. Obtain his contact information and an identifier.  (Again we suggest DOB.  Many people are reluctant to release their SSN.)  3. Obtain an emergency contact for him.   4.  Check the contact info every 6  months until the case is resolved.

 

3. Professional photographs of the accident scene, especially if citing defect or disrepair. 

Situation:   Several years ago, we had an exterior premises  trip and fall situation wherein we were called to investigate the scene approximately 4 months post-incident.  The injured person made several natural and unintentional mistakes: 1. Not realizing the extent of his injuries, he did not call 911.  There were no on-site witnesses and no responder witnesses, and  2. When he returned a week or so later, after receiving medical attention, he’d taken photos of the accident scene but the shots contained shadows running across the defect rendering it difficult to determine the exact nature and severity of the  defect.   He was to go back and re-shoot the scene but did not.  4 months later, no defect, no repair record.  The homeowner, of course, knew nothing.  Good luck with an area canvass among neighbors.

Recommendation: Send out a professional to photograph the accident scene ASAP.  Don’t expect the client to return and accurately record the scene.  Bear in mind, however, that the defect may have permanently “disappeared” and there may not always be a repair record.

From our good friend, http://www.stus.com:

 car accident

4.  If it seems weird; it probably is.  Check all possible contributory factors.

Situation:  Claimant fell UP the stairs.  She wasn’t carrying bags, wore flat shoes; no drugs or alcohol were involved.  No defects, liquids or debris on the ground.

Recommendation: Measure everything.  After taking detailed step and rail measurements, we realized that a) the steps were unequally sized – from the height between them to the protruding lip of each step (which was excessive at the point where she was caused to trip and b) the rail would have been out of reach from her position regardless, with no secondary wall rail in place.   Rarely do people slip, trip or fall for no reason (unless there is an underlying medical condition.)

 

5. Always check to see if drugs and alcohol were involved. (Defense)

Situation:  Building maintenance crew member claims to have fallen off of a defective ladder.  The ACR showed extremely high bp readings; 3 taken at 15 minute intervals by responding EMS.   Beyond what would be expected even in a stressful situation.

Recommendation: Check the medical history.  The individual was on Lipitor and had not taken his medication as prescribed for several days preceding his fall.  (He’d also commented to several co-workers earlier on the day of incident that he was feeling “dizzy”.)  There was absolutely nothing wrong with the ladder, the area surrounding it, nor was he working at a height requiring specialized safety equipment.

Our Operatives: Investigative minds at work.

As always, stay safe.

Filed under: accident, General Information, locate, slip and fall, witness | Tagged: , , , , , , , , , , , , , , , , , , | 3 Comments »

Comprehensive Intake Surveys Help Yield Better Case Results

Posted on March 21, 2011 by Lina Maini

We asked our clients to identify the type of legal case management that they use in their practices, to better refine the information required on field intake surveys.    In reviewing the management software (from Amicus, Time Matters, PCLaw, Saga, to Needles and more), we then developed a four-page  interview survey, to be taken at sign up.  Our proprietary form covers the necessary fields (i.e., identifiers, witnesses,  insurance information) and then goes more in-depth with questions regarding municipality involvement,  work and/or school status, lost wages, injuries…  

Below is the first page of our 4-page MVA Intake.  (We’ve also developed  intakes surveys for : Slip/Trip & Fall,  Construction Site Accidents, Elevator/Escalator Injury, Premises/Security, Other Negligence and General.)   Please feel welcome to email cases@BNIinvestigations.com and request a  complimentary copy of any of our Intake Surveys. (Select one from above categories.)  

   

MVA INTAKE

 

BNI Operatives: A step ahead.

As always, stay safe.

Filed under: accident, crash investigations, intake, mva | Tagged: , , , , , , , , , , , , | Leave a Comment »

Celebrity v. Average Joe/Jane Offenders and Police 10 codes

Posted on November 30, 2009 by Lina Maini

The recent Tiger Woods’ driving “incident” at his Florida estate has sparked quite the discourse among friends in the law enforcement, investigative and legal professions, focusing on:

Are celebrity offenders treated differently from the “average Jane/Joe” offenders? If so, how and why?

There was a general consensus (Congress: take note) amongst us that celebrity offenders are treated differently.  Weaving this agreement, with the how and why,  is no more a perfect example than the  past Friday Tiger Woods incident.  The facts, as we know them to be at this time, are:

1. Tiger Woods was driving his Lincoln Escalade SUV on his property at approx. 2:35 a.m. Friday and somehow hit a fire hydrant and his neighbor’s tree.  His wife, swinging a handy golf club, smashed out the vehicle’s window(s) to, purportedly, rescue her husband.

2. Although police arrived on the scene shortly after the incident, as reported by the Associated Press,  Florida State Troopers have been denied follow-up access to Mr. Woods three times, thus far.

3. At 2:00 p.m. today, via Twitter and his Web site, Mr. Woods, vaguely commented that he had embarrassed his family and “it” would never happen again.

4. His privately retained attorney, Mark NeJame, stated that Mr. Woods had complied with Florida requirements for this type of incident, which calls only for the presentation for review by police of the driver’s license, vehicle’s registration and proof of insurance.

Points 1, 2 and 3, while curious indulgences, don’t raise the questions that Point 4 smacks one over the head with.  I.e.  a) The tree was not on Mr. Woods’ property; the damage, thusly,  was to another’s property.   Did the neighbor simply accept the loss?  b) The on scene police investigation yielded that Mr. Woods was in serious condition and at times unconscious.  An RMA was obviously accepted by police, then why has the follow-up investigation by FSP not been allowed? (We may do things a bit differently here in NY but even as a CYA measure, a detective would have gotten a sign off on that issue.)  and c) Can a private citizen own a fire hydrant in Florida? If not, can Mr. Woods simply blow off the Florida State Police when municipal property is involved?

The voyeuristic appeal of the Tiger Woods case aside, it comes down to a call for fairness.  Had you or your neighbor or your son’s teacher, presumably all “average Joes and Janes”, crashed a vehicle into someone else’s property and taken out a fire hydrant, on the busiest news day, a local field reporter, shivering in her network provided strappy heels, would be busy earning a day’s salary hunting down an articulate neighbor to interview on camera.  On a really slow, uneventful day, she might even be on the scene with police still present, pointedly ignoring her questions.  The camera guy would have, at least once, panned over the offender’s mailbox or front door; wherever the (alleged) defendant’s address is posted. 

So why the difference in treatment?  I don’t think we, and certainly not the Florida State Police, will be satisfied until a complete investigation has resolved the matter.

Perhaps Mr. NeJame is preparing Mrs. Woods with the Bullwinkle defense.  That would certainly explain the club-wielding glass party.  Judge me guilty now, but I would have done the same under similar circumstances.

In the meanwhile, we’re sure the local crime reporters will continue to listen in to police radios, especially in celebrity enclaves. Well, we, along with celebrity news reporter, TMZ,  might as well all understand what is being transmitted.  Below are commonly used (generally) nationwide police 10 codes:

* 10-1 poor reception
* 10-2 good reception
* 10-3 stop transmitting
* 10-4 message received, affirmative, ok
* 10-5 relay this information to ___.
* 10-6 busy
* 10-7 out of service
* 10-8 in service
* 10-9 please repeat your message
* 10-10 negative
* 10-12 standby
* 10-13 civilians present and listening
* 10-15 en route to station with suspect
* 10-18 urgent
* 10-19 return to station
* 10-20 specify location/my location is ___.
* 10-21 place a phone call to ___.
* 10-22 disregard
* 10-23 stand by on this frequency (also “On scene” in some areas)
* 10-27 vehicle registration request
* 10-28 arrests/warrants on driver’s license
* 10-29 arrests/ warrants on the vehicle
* 10-32 gun
* 10-33 emergency traffic follows, hold routine messages
* 10-34 frequency open (cancels 10-33)
* 10-36 what is the correct time of day?
* 10-39 false alarm, premises was occupied
* 10-40 false alarm, no activity, premises appears secure
* 10-41 begin watch
* 10-42 end watch
* 10-45 fueling vehicle
* 10-49 en route to assignment
* 10-50 accident
* 10-51 tow truck needed
* 10-52 ambulance needed
* 10-53 road blocked at ___.
* 10-54 animals on highway
* 10-55 security check
* 10-57 hit-and-run accident
* 10-58 direct traffic
* 10-59 escort
* 10-60 squad in vicinity, lock-out
* 10-61 personnel in area
* 10-62 reply to message
* 10-63 clear to copy info?
* 10-64 message for delivery
* 10-65 net message assignment
* 10-66 net message cancellation
* 10-67 person calling for help
* 10-68 dispatch message
* 10-69 message received
* 10-70 prowler, fire alarm
* 10-71 gun involved, advise nature of fire
* 10-72 shooting, fire progress report
* 10-73 smoke report
* 10-74 negative
* 10-75 in contact with ___.
* 10-76 en route
* 10-77 ETA ___.
* 10-78 need assistance
* 10-79 bomb threat, coroner’s case
* 10-80 bomb has exploded
* 10-81 breathalyzer report
* 10-82 reserve lodging
* 10-83 work school crossing at ___.
* 10-84 if meeting ___, advise ETA
* 10-85 delay due to ___.
* 10-86 officer on-duty
* 10-87 pickup
* 10-88 present phone number of ___.
* 10-89 bomb threat
* 10-90 bank alarm at ___.
* 10-91 pick up prisoner
* 10-92 improperly parked vehicle
* 10-93 blockage
* 10-94 drag racing
* 10-95 prisoner/subject in custody
* 10-96 psych patient
* 10-97 check signal (“On Scene” in CA and other areas)
* 10-98 prison/jail break
* 10-99 wanted/stolen record
* 10-100 dead body
* 10-200 alarm

Bulletin’s site of the week: gizmodo.com. Best tech site online.

BNI Investigators: Street smart; Web savvy.

As always, stay safe.

Filed under: 10-codes, accident, investigation, police | Tagged: , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

When The Cops Get It Wrong; Investigating Your Client’s Case

Posted on May 18, 2008 by Lina Maini

The above video is somewhat tangential to this week’s Bulletin topic but it does describe a trend that will certainly be used and useful in future vehicular accidents – the car black box. For our below article, however, we stick to old fashioned ground pounding to uncover the true facts of a real accident puzzler.

Generally, most private investigators enjoy and prefer to maintain, good relationships with law enforcement; especially considering that the majority of us come from an l.e. background. Regardless of current or past affiliations, however, a good investigator is a fact-finder first.

We recently ran into a quirky situation involving the police with a hit and run of a pedestrian in mid Manhattan. The actions of law enforcement from the date and time of the accident to this day are puzzling.

A male pedestrian was struck, while crossing the roadway, traveling with the light and within the crosswalk, by first a bus and then a Jeep. A large crowd gathered. The pedestrian suffered severely crushed legs – injuries consistent with being struck by two vehicles back to back. The bus took off (hence the hit and run designation) but the Jeep and its driver remained on scene – for a while. The Jeep driver was questioned by police and told to leave the scene as there was no eyewitness to the Jeep having struck the pedestrian. And no note of the plate number was made by police on the scene.

The first place to start is the precinct of jurisdiction. Pick up the Police Accident Report (the PAR). A PAR is sequentially numbered so its number should fall into place around the date of accident. The PAR should contain def. vehicle, driver and witness information. This PAR contained none of those and the matter was simply designated a “Hit and Run”.

Our investigators felt there had to be more to the story than a simple leaving the scene. This is a residential area of Manhattan, with all of those people moving about their daily lives, someone had to have seen something.

We decided to make a flyer of the victim’s case (the victim and attorney’s permission of course). We Photoshopped the victim’s photo into a flyer we distributed liberally throughout the neighborhood. Literally, within 18 hours, we had a video of the victim being struck by a bus and email giving us the Jeep’s plate number. The victim’s attorneys are now processing the claim with this information.

I guess it all comes down to something I have said to each BNI investigator, regardless of experience – know the rules but always trust your gut instinct. It will lead you to where you need to go. The function of a good investigator is to find the facts that will help with victim, even if the odds are stacked against recovering this information.

BNI Investigators: Street Smart: Web Savvy.

Be safe,

Lina

Filed under: accident, bus, parking, pedestrian, police, roadway, struck, victim | Leave a Comment »

Freebie Marketing Tip For Your Firm

Posted on March 10, 2008 by Lina Maini


Luckily, our marketing strategy doesn’t need to be used in the above video but sometimes it’s the simple things that elude us in coming up with an effective yet cost-efficient marketing plan for our business. If you practice personal injury law, we recommend the following visibility heightener to increase word-of-mouth regarding your firm.

Instead of standard business cards, distribute postcards to potential clients (with the suggestion to give them out liberally to friends and family as well) and arrange to have them prominently displayed in participating doctors’ offices, physical therapy and rehab centers.

Not just your typical postcard. This post card should have the firm’s information (of course) but also a To do List in case of an accident. We’ve prepared copy for you:

If you are involved in an accident:

Call 911.
Take pictures immediately.
Do not admit liability.

Fill out the below at the scene of your accident:

Date of Accident: __________________________________
Location of Accident:________________________________
Other Driver’s Name: _______________________________
His/Her Phone Number: _____________________________
His/HerAddress: __________________________________
His/Her License Plate #: __________________ State:______
Insurance Company: ________________________________
Policy Number: ____________________________________
Police Expiration Date: _______________________________
Witnesses: _Name_________________Phone Number____
_______________________________________________
_______________________________________________
_______________________________________________
Precinct: _____________ Accident Report No.____________

BNI Operatives: Street Smart; Web Savvy.

Be safe,

Lina Maini

Filed under: accident, insurance, lawyer, marketing, personal injury, police | Leave a Comment »

Why Proper Slip/Trip & Fall Intake Surveys Can Make or Break You

Posted on February 25, 2008 by Lina Maini

This week, we focus on the primary information required in the event of a slip/trip and fall situation involving your client.

1. CLIENT PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info and emergency contacts)

2. WEATHER CONDITIONS (including for interior falls in that proper matting may not be present at the location of occurrence)

3. LIGHTING CONDITIONS

4. SURFACE DESCRIPTION (sidewalk, hallway, stairs…)

5. DEBRIS/DISREPAIR/CONSTRUCTION PRESENT

6. DESCRIPTION OF SURFACE (concrete, torn matting, tile…)

7. PRESENCE OF ANY WARNING SIGNS (e.g. wet floor cones), TAPE, HANDRAILS

8. DIRECTION OF TRAVEL OF PARTICIPANTS (northbound, descending steps…)

9. DESCRIPTION OF ACCIDENT (detailed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE CLIENT GOING?

12. RATE OF WALK (normal gait, walking briskly… )

13. TYPE OF SHOES WORN

14. CONDITION OF SHOES (new, good, worn.. )

15. DOES THE CLIENT STILL HAVE THE SHOES?

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RECEIVED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. STATEMENT(S) MADE AT SCENE

20. ADDITIONAL WITNESSES

21. DOES THE CLIENT KNOW OF ANY OTHER SIMILAR PRIOR INCIDENTS AT SAID LOCATION?

22. HAD THE CLIENT COMPLAINED TO MANAGEMENT OF EXISTING RELATED CONDITIONS?

23. DOES THE CLIENT KNOW OF ANYONE ELSE WHO MAY HAVE MADE SIMILAR PRIOR COMPLAINTS TO MANAGEMENT?

24. COPY OF CLIENT’S LEASE.

25. MANAGEMENT INFORMATION, IF KNOWN.

26. MUNICIPALITY INVOLVED?

With regard to the last checklist item, your investigator can then run an online real property check. City owned property information is immediately accessible. In many cases, private property information is also available online and may also yield homeowners insurance information.

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: accident, General Information | Leave a Comment »

Vehicle Accident Checklist

Posted on December 31, 2007 by Lina Maini

We’ll say up front and repeat it the end of this Bulletin. Be careful driving – particularly on New Year’s Eve when the roads are crowded with people driving too and from parties. (To lighten up the mood of this message, and since we’ve all viewed real accident videos, the above clip is of a Hollywood staged accident. Short but with some interesting mini-scenes.)

If the unfortunate occurs and you are involved in a vehicular accident, remember to take the below steps:

Medical care:

First, check yourself for injuries. Then, if you are CPR certified, attempt to determine if any other vehicle occupants, involved pedestrians… need your help.

Once everyone wellbeing has been accounted for;

Get information (especially important for a potential insurance claim).

The other driver’s name, address, driver’s license number, insurance information, and license plate number (check the plate’s issuing state too).

If there are witnesses, get their names, addresses, and telephone numbers. (Make sure this information. E.g. not just a first name. Cases take time to resolve, people move…

Ask for a business card from the police officer who investigated the traffic scene. Also get the “incident number” so that you can obtain an accident report. Most officers will provide you with the information even if you don’t ask.

Take note of the location—the road conditions, speed limits, traffic control devices, any ongoing construction or large debris, the weather, and the lighting. (Try to remember to always keep a disposable camera in the glove compartment. Nothing conveys the accident scene as well as an immediate on-site photographs).

Take note of how the accident happened.

It is important to note the direction and rate of travel of the vehicles involved, and what the cars are doing at the time of the accident.

Never admit liability.

Even if you believe you are at fault, do not admit liability. There may be other factors which you don’t know that may turn the fault to the other driver. Do not make statements, on print or tape, to anybody at the accident scene, except for the police. Nevertheless, when speaking to the police, tell them only the facts of what happened. Let them make their own conclusion from the facts.

Seek medical care.

See a doctor. This is to eliminate the probability of the inability to obtain “no fault” benefits for your injuries. There are statutes in every state pertaining to what the insurance can cover. If you do not see a doctor, you might find later on that the insurance company or the other driver involved in the accident argue that your injuries were not related to the accident. In addition, the “adrenaline rush” from the accident can mask symptoms, which a physical examination can otherwise reveal.

Tell the doctor your symptoms— any loss of memory, headache, blood or fluid in the ear, dizziness, disorientation, ringing in the ears, nausea, confusion, or any other unusual physical or mental feeling.

Above and beyond all, we wish you all a happy, healthy and prosperous New Year – just remember to take extra care while driving the next several days.

Stay safe,

Lina

Filed under: accident, business card, impact speed, lighting, passengers, pedestrian, rate, scene, steps | Leave a Comment »

Finders Keepers: Securing Witness Contact Information

Posted on June 24, 2007 by Lina Maini

From an investigator’s perspective, few things can be as frustrating as trying to locate a witness a year or more post-accident.

Having conducted innumerable first contact/initial intake surveys, it is our experience that it is critical to obtain as much information on potential witnesses as early on as possible. And. to then immediately reach out to those witnesses and obtain additional contact information. Often, the starting point of any file (once the retainer is secured) is the police accident report – PAR. (For the purpose of maintaining a tight focus, and as the information is applicable to other agencies and incident types as well, we will concentrate on police department PARs) A PAR’s witness information content varies from agency to agency, county to county and even intra-department. An NYPD officer may be thorough and include the witness’ name and address in the PAR’s witness information section. A Yonkers cop may simply jot down the witness’ name and address or phone number in the body of the accident description. Outside of the occasional NYPD officer or State Trooper, there is usually no witness identification verification conducted on scene.

In any case, your firm initially has only the PAR or any info that your client may provide regarding the witness(es). A simple phone call or contact letter within a week or so of accepting a case may not only secure contact information, it begins to establish an association between the witness and your client and can facilitate cooperation down the line.

Understandably, until the issues of accident/incident circumstances, injuries, liability and potential defendants are developed, a law firm may not wish to expend additional energy or monies on non-critical activity. Our experience, however, leans us towards an ounce of prevention when it comes to securing witness information. In an increasingly mobile/transient world, more information is not only better, but necessary. A phone call or contact letter requesting additional info (such as an emergency contact, email, employer info…) can often make the difference later on in obtaining a witness statement… or not. Done correctly, this witness outreach may a) induce the witness to become a more cooperative part of the process, b) begin to imprint a more solid recall of events should testimony become necessary and c) provide additional future contact avenues.

Filed under: accident, investigator, police, police accident report, statement, witness | Leave a Comment »

Talking To The Most Important Cop At The Precinct – The TSO

Posted on June 11, 2007 by Lina Maini

For personal injury attorneys, generally, the most important cop at any precinct is the TSO – the Traffic Safety Officer.

Data for New York City indicates that 26.7 percent of total statewide annual traffic fatalities, and 43 percent of total statewide crash injuries occurred within city limits.
In an effort to reduce fatalities, injuries, property damage and overall costs associated with motor vehicle crashes in New York City, the New York Police Department (NYPD) developed TrafficStat in 1998. Modeled after the highly successful crime-reducing system, CompStat, the objectives of the NYPD’s TrafficStat program are to:

A – Identify locations throughout the city where crashes are most likely to occur

B – Design an effective crash analysis program to determine the primary factors that contribute to traffic crashes at these locations

C – Develop effective countermeasures to correct hazardous conditions

D – Implement a public information and education campaign, to help the public avoid traffic dangers and crash risks.

The first step though, in any accident investigation, especially one suspected of having occurred in an accident -prone location is to talk to the local precinct’s Traffic Safety Officer (TSO). The TSO generally has more direct knowledge and information regarding the precinct’s traffic “hot spots” than any other officer assigned to that specific house. We also suggest calling before 2 p.m., weekdays, regardless of the PD or precinct involved.

Below please find the direct phone numbers to the Queens NYPD TSOs (except where so noted, wherein the main precinct number is then provided). (For Albany PD, the main TSO’s number is 518/458-5676.) (Also let us know if you would like TSO info from other boroughs.)

NYPD

PCT TSO
100 718/318-4230
101 718/868-3422
102 718/805-3246
103 718/657-8806
104 718/386-3004
105 718/776-9160
106 718/845-2211*
107 718/969-5771
108 718/784-5405
109 718/321-2273
110 718/476-9311*
111 718/279-5200*
112 718/520-9311*
113 718/712-5299
114 718/626-9300*
115 718/533-2018

* Direct precinct #

Filed under: accident, compstat, nypd, personal injury lawyer, police, precinct, stats, traffic, traffic safety officer, trafficstat | Leave a Comment »

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