Have you ever been involved in a car accident in New York? If that’s the case, you know how stressful it can be. Injuries, car repairs, medical bills, logistics, and emotional consequences can be stressful and challenging to deal with. Suppose you have the misfortune to be involved in a car accident or someone close to you, and you don’t know what you should do or what to expect next. In that case, personal injury lawyers from Giordano Law Offices Personal Injury & Employment Lawyers highlight some helpful tips that can save not only your sanity but money and time too.
Steps You Should Take After A NY Car Accident
Call 911 to Get Medical Assistance & Document the Accident
If you or anybody else is hurt, contact 911. You may report an accident and obtain emergency medical care quickly. Even if an injury seems minor, still call 911. Except for doctors, you won’t be able to see indicators of more serious injury. For example, the seat belt might induce pain in the chest and back after an accident. You may not be aware of your shattered bone. Also, for insurance purposes, filing claims, and court action, if necessary, it is imperative that you have an Accident Report completed by a police officer.
Take Photos or Videos of the Accident Scene
Even if your motor vehicle collision was minor, you should collect proof immediately. The accident scene, damaged vehicle, and any property damage or injuries should be photographed if another driver or insurance company contests your claim. Take images of:
- Accident scene
- Position of the car
- Vehicle involved
- Vehicle damage
- Property damage
- Road conditions
- Road signs
- Parked car
- Scene of the accident
- Anything that explains your situation
Witnesses to the motor vehicles accident and events leading up to it may potentially support your story. Time erodes facts and recollections. So you must substantiate your claim quickly.
Before you Leave the Scene, Call the Police
Even for a minor motor vehicle crash, call the police immediately.
In New York State Law, a police report is required after a car accident. A written agreement protects all parties.
If you are in a car accident with an uninsured driver, call the police officer. In certain states, it’s mandatory. It would help if you let the cops decide whether or not to react in any event.
Once you’ve called the cops, you’ve made efforts to protect yourself and follow the law. This will help if a case is brought later.
Exchange Information
Note the contact details of any other drivers involved in the collision. Exchange insurance information if possible. Assemble the data:
- Address
- Date of birth
- Phone number
- driver’s license information
- Insurance information
- License plate number
- Insurance policy number
The Accident Report
The police report is the accident report and often the only official record of an accident. The report is generated and filed when the police respond to the accident scene. So it is worth the wait. When a fatality occurs or a “likely to die” situation arises in the New York City area, Highway Division (and sometimes crime scene) detectives will be dispatched to perform a more detailed investigation and reporting.
It is not a good idea to resolve the matter independently without police and attorney assistance.
Filing a police report gives your insurer an accurate account of the accident. This allows them to represent you in any accident-related matters, so you don’t have to.
Wait until the cops have taken a thorough report. A report will safeguard you if any legal issues develop from the collision. If required, the cops can assist you in filing the report with the DMV.
In the event of a hit-and-run, many insurance plans require a police report within 24 hours to be compensated as well. New York’s MVAC program provides protection for injuries that are caused by hit and run drivers.
Inform Your Insurance Company
Even if the accident is minor, you are often required by law to notify your own insurance company as soon as possible. If you do not fulfill this obligation, they may deny your claim even if the other driver was at fault.
When notifying your insurance company about a collision, the most important rule to remember is to keep it simple. You can inform the insurance representative as follows:
- There was a collision.
- Where the crash occurred.
- Whether or not your vehicle was damaged.
In your situation, saying much more than the bare minimum can cause more harm than good, though it is important to read the insurance policy to ensure that you are not legally required to provide more information. Leave it to them to decide.
Contact an Experienced Car Accident Lawyer
It may seem easier to handle a car accident alone. But this isn’t the case. Personal injury attorneys may help you recover and protect you from dishonest insurance adjusters.
- If the insurance company is unjust, your lawyer may sue and take legal action. That’s why you need a qualified New York Car Accident Lawyer on your side.
- Both a vehicle accident claim and a personal injury lawsuit need paperwork. To be successful, this paperwork must be completed accurately and on time. Incorrectly filed forms or failure to submit documents may cause considerable delays and denial of money.
- A car accident lawyer will ensure you don’t miss any deadlines, such as the statute of limitations. Attorneys will act quickly to protect your rights if you have a limited time to file a claim.
- Most accident lawyers work on a contingency fee agreement. They only get paid when they win or settle your case.
An auto accident attorney’s primary purpose is to get you paid for:
- Medical bills
- Medical attention
- Medical treatment
- Car accident claim
- Making good on the damages in property
- Losses
- Pain and suffering
Things You Should Avoid After Your Car Accident In New York
Avoid Leaving the Accident Scene
Leaving the site of an accident may be a criminal offense. If you’ve been in a car crash, stop and examine the situation even if you don’t think anybody has been hurt. Call the police and wait until they have conducted an investigation.
Avoid Apologizing or Admitting Fault
After an accident, many drivers want to apologize and see what they can do to make things right. Acknowledging responsibility for an occurrence is considered good etiquette and is typically encouraged.
Sadly, apologizing after a mishap might be seen as admitting guilt. Some examples of utterances that might be seen as an acknowledgment of blame are:
- “Sorry, I got a text and glanced down.”
- “I knew I needed brakes checked.”
- “I’m tired from work and may have drifted off.”
- “Sorry, I must have missed you.”
Even if these claims are correct, the speaker’s actions may not necessarily cause the accident. A sleepy motorist may cause an accident, although another car may have caused the collision by running a stop sign.
As a result, avoid discussing the details of the incident and apologizing to other parties.
Avoid Posting Content on Social Media
Many individuals now share photographs and ideas on social media sites like Facebook and Twitter on a regular basis. Many people would consider an occurrence as big (and ideally rare) as a vehicle collision worthy of social media.
Many individuals are unaware that social media activity might impact a victim’s capacity to receive compensation. In many vehicle accidents, the major source of recovery comes pain and suffering compensation and how injuries have curtailed the victim’s daily activities.
If a vehicle accident victim claims to be in severe pain and unable to do everyday tasks, posting images of going out with friends, exercising, traveling, or other leisure activities tends to contradict that claim. An opposing attorney or the at-fault party’s insurance company might utilize social media postings to justify lowering or withdrawing a settlement offer.
Avoid Discussing the Accident with the At-Fault’s Insurance Company or Lawyer
After an automobile accident, victims often get calls from the other party’s insurance company or attorney. Victims must remember that the opposing party’s attorney must defend their client’s interests. Make sure you speak to an Attorney representing you first before talking to anyone, other than the police officers, on the phone.
Also, insurance companies want to make money and instruct their adjusters to pay out as little as possible. As a result, all efforts to communicate by the other side should be refused. Calls from opposing lawyers or an insurance company should be directed to your lawyer.
Never Avoid Talking to the Police
Yes, call the cops after your car collision. But watch what you say.
You’re not required to answer every question a cop asks at the site of an accident, but you can’t remain silent either. You must show the police your driver’s license, registration, and insurance card. Drivers who refuse to provide this information may be arrested and charged.
Avoid Accepting a First Settlement Offer
This happens quickly after the disaster before the victim has had a chance to assess their losses completely. These criteria sometimes result in unreasonable low settlement offers representing a small percentage of the entire claim.
Non-experts in New York personal injury law sometimes undervalue their cases. Following a major vehicle accident, several types of damages are recovered.
- Medical expenses
- Lost income
- Property damage
- Loss of enjoyment of life
- Physical and emotional pain and suffering
Common Types Of Injuries In A Car Accident
- Broken bones
- Burns and scarring
- Head and neck trauma
- Traumatic brain injury
- Bodily injury
- Bruise (whiplash-soft tissue injuries)
- Back and spinal cord trauma
- Permanent disability or paralysis
- Wrongful death
New York Is A “No-Fault” Insurance State
The state of New York is one of a dozen or so that have adopted a “no-fault” auto insurance policy. No-fault auto insurance covers medical care and other out-of-pocket expenses incurred by everyone covered by the policy, up to coverage limitations, regardless of who caused the accident.
Statute Of Limitations For Car Accidents In New York City
The statute of limitations for most vehicle accident claims in New York is the same as other personal injury cases. According to New York Civil Practice Laws & Rules section 214, anybody harmed in an automobile accident must bring a lawsuit within three years after the event. The statute will be even shorter when a government-related vehicle is involved, transit authority, city, state, or federal agency vehicle. In those cases, there is a 90 day limit to filing a notice of claim and a one-year and 90-day statute of limitations to file a lawsuit. You have to find an attorney quickly to help you when an accident occurs and especially when the accident involves a government-owned vehicle, including transit authorities buses.
The same three-year period (or 90 days and year and 90) apply if the case seeks reimbursement for damaged property (such as a vehicle).
A relative or other representative of the deceased may launch a New York wrongful death lawsuit against the motorist who caused the accident two years after the deceased’s death. Note that the death date may vary from the accident date.
Injured In A Car Accident In New York? Contact A Car Accident Attorney Today
Choosing the right attorney is a critical decision. At Giordano Law Offices Personal Injury & Employment Lawyers, we take great pride in our client service and communication. We fight hard to get you the compensation you deserve.
A New York Motor Vehicle Accident Lawyer works relentlessly to build a strong case on your side and fight for your rights. We may be able to help you in these ways:
- Take time to look into what caused your accident;
- Gather any relevant information, such as photos, police reports, testimonies of witnesses, and proof of damage;
- Contact the at-fault driver insurance company and file a personal injury claim;
- If the insurance company tries to underpay you after a vehicle accident, we will try to get a fair settlement;
- File a claim for compensation for damages.
- If the insurer is unwilling to negotiate, we can file your case in court. You can rely on us to fight for your rights in court and at every step of the journey.
We hope that you never have to experience a car accident in New York. Still, if you ever do, Personal Injury lawyers at Giordano Law Offices Personal Injury & Employment Lawyers hope this information will be helpful. More than anything, please remember that you may not have all of the answers on how to handle a car accident in New York after an accident, and it would do well if you would contact us for additional advice and free consultation.
Schedule a free consultation with one of our car accident lawyers by reaching us at (646) 271-0749 or through our online contact form.