Managing Partner
Expired inspections are fairly common in New York, and while they can cause drivers some legal problems they are relatively minor. However, some motorists who have been involved in automobile accidents worry about the potential impact of an expired inspection on their right to compensation.
If your vehicle had inspection problems prior to the accident, don’t panic. The first step you should do is retain a knowledgeable Long Island personal injury attorney. Dell & Dean PLLC can help you deal with complications from your insurance company and with seeking compensation for your injuries.
Expired Inspections and Your Automobile Insurance
Depending on your automobile insurance policy, you could run into problems filing a claim after an accident if your inspection is expired. The policy may require you to keep inspections up to date in order to comply with its terms. If you don’t, this may cause delays and problems processing your accident claim.
It’s no secret that automobile insurance companies will look for any reason imaginable to deny coverage to Long Island accident victims. Your insurer may attempt to do this if it finds out your inspection was expired. However, you should consult us for a second opinion and to help you claim the payout to which your policy and the law entitle you.
Expired Inspections and Accident Fault
An expired inspection does not directly prove a driver’s fault for an accident. But it could be relevant if an inspection would have revealed something dangerous about the vehicle. If a driver fails to get an inspection in Long Island, and a detectable hazard causes a wreck, the driver may be held liable if:
- The vehicle suffered from a mechanical flaw or a defective component: For instance, the vehicle’s brake pads may have been worn down. An inspection could have detected this. The driver failed to get the inspection and got into a wreck due, at least in part, to brake failure.
- The vehicle was poorly designed or manufactured: The inspection may have shown a problem with the design or assembly of the vehicle. This doesn’t necessarily absolve the vehicle’s manufacturer (or a parts manufacturer) of liability, but you should assume that an accident victim will point fingers at the driver.
Problems like these are complicated because there may be other parties who share some blame for the accident. Someone who was involved with vehicle safety, like a parts maker, could be partially liable too. So could another driver who was involved in the accident.
How a Long Island Car Accident Attorney Can Help
Remember, your insurer or anyone who may have been responsible for the accident is always going to look for ways to blame you and deflect questions of liability. An expired inspection is an easy way for them to do so. But that doesn’t mean their decisions or arguments are justified.
If you were in a car crash in Long Island, even if your inspection expired, we strongly advise that you connect with our law office. When you retain us, we can assist you by:
- Reviewing the details of your insurance policy: We will examine the policy closely for anything related to expired inspections and your right to file a claim. Then, we can explore the best options for moving forward.
- Determining fault: The issue of fault is critical to any automobile accident claim. It may be that an inspection could have revealed a problem with the vehicle, but this doesn’t automatically mean 100% of the fault rests with you. Our aim is to find out who was truly liable and to what degree.
- Refuting any attempt to shift blame to you: To the extent possible, we will contest any attempt to shift liability to you and thereby protect your right to compensation. For example, if there was a hidden problem with the vehicle, an inspection may not have revealed it anyway. Expert witnesses are often called upon in Long Island accident cases to explain such matters to court.
Advocating For the Compensation That Car Accident Victims Deserve
At Dell & Dean PLLC, we take our time to carefully review the circumstances surrounding car accidents, and then seek the compensation victims need. If you have piling medical bills and you’re unable to work after a Long Island automobile accident, reach out to us today.
