Buffalo, N.Y. (WBEN) - Of the more than 250 pieces of legislation placed on New York Gov. Kathy Hochul's desk for her signature, one bill is garnering support from a local personal injury attorney that may help anyone possibly finding themselves in any sort of accident in the future.
The Unfair Settlement Timing Act is a bill that has gotten the approval in the New York State Legislature that would require insurance companies to wait, at least, 30 days before contacting accident victims with an injury settlement.
"There are cases where immediately after a motor vehicle accident, or even other types of accidents where someone is injured, they are immediately contacted by a claims adjuster. The claim is made that sometimes uses high pressure tactics to get the accident victim to sign a release in exchange for a check, which is usually very minimal compensation early on. Oftentimes before this, the victim doesn't have a chance to consult with an attorney, and sometimes even to have gotten a medical evaluation to see what the extent of the injury is," explained Rich Barnes of The Barnes Firm with WBEN. "What the bill does is it would require there to be a 30-day waiting period before insurance companies can contact accident victims to allow them to explore legal counsel, proper medical care and that type of thing."
Barnes feels there is a benefit for anyone to be allowed proper time to get things in order and evaluate the extent of their injury.
"I think it's a great service to people that find themselves in that unfortunate situation," Barnes said. "The argument, as I understand from the other side, is a claim that it's going to increase insurance costs, etc., but that's often what you get from the insurance lobby. I don't see that. I don't think the data bears that out. I think it just gives a reasonable period of time for people who are unfortunately injured in an accident that may be no fault of their own to figure out what the right direction is before signing a release and a check that gives them money that, in many cases, does not adequately compensate them for what happened."
That's why Barnes firmly and enthusiastically supports this bill, and hopes Gov. Hochul will put pen to paper and enact it into law.
"Many of these people - I've been doing this for over 40 years - they've never been involved in this situation before, and their lives are kind of turned upside down. They don't know exactly what to do. It just gives a reasonable 30-day period before they have to make a decision," Barnes said. "If they sign a release with the insurance company and accept the check, that's the end of it. They can no longer turn to the courts for justice in these cases. So I think it's a very reasonable bill, and I certainly hope the governor sees it that way."
Is this bill also a way to protect people from insurance companies abusing their powers following an accident?
"Insurance companies, they understand it's a business and they are entitled to pursue the business. But expecting someone to make a decision that could keep them out of court or from talking to a lawyer so immediately after an accident, it doesn't serve the public good, as far as I'm concerned," Barnes answered.
Gov. Hochul has until the end of the year to sign the bill into law.