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Car Accidents

New York City Experienced Car Accident Attorneys

New York City Car Accident Lawyer

Table of Contents

You Need a Experienced NYC Car Accident Lawyer​

Photo of Law OfficeIf you have been hurt because someone was negligent, you are entitled to compensation for your injuries, including pain and suffering, past and future medical bills, property damage, and lost income. Giordano Law Offices Personal Injury & Employment Lawyers has vast experience successfully representing clients injured in a car crash in New York or New Jersey. We have consistently won awards for our personal injury legal representation, please check out our case results and client reviews pages.

What Should I Do After a Car Accident in NYC?

If you have been involved in a car collision in New York, NY, there are important next steps to take to ensure that you can get coverage for medical bills, lost wages, emotional trauma, physical trauma, and other financial setbacks that your injuries directly contributed to.

Oftentimes, injuries can take time to fully manifest, so it is important to call an experienced and dedicated NYC car accident attorney as soon as possible after your car accident to ensure your best chance of financial recovery.

Skilled New York car accident attorneys are imperative to ensuring that you obtain the best possible financial recovery because it is in the best interest of insurance companies to challenge who caused the accident, question your credibility, and minimize the seriousness of your personal injuries so that their net payout is less.

Without proper and skilled legal representation, you could walk away with far less than you deserve, and worse, you could end up having to pay for medical bills and other financial losses caused by the accident. Our skilled and experienced New York car accident legal team routinely does the following for our New York motor vechicle accident clients:

Conduct a comprehensive and thorough investigation of your NYC car accident. This is inclusive of canvassing the site for available cameras that may have captured your accident (we have a team of video experts)

  • Collect witness testimony and other corroborating evidence
  • Build strong car accident cases that support your claim and efforts to obtain a financial recovery
  • Prove who is truly at fault
  • Effectively advocate on your behalf with insurance representatives
  • Properly evaluate and present your injuries with our team of medical experts to ensure that you receive the maximum compensation for your car accident claim

Who’s Responsible For My Injuries After a Car Accident?

New York City, being a no-fault insurance state, means that the first liable party is always your own insurance company. The only exception is in case of major injuries, in which case the victim can file a case for compensation

New York’s No-Fault Insurance Rules

In New York, the no-fault car insurance system dictates that after an accident, your personal insurance covers the cost of your medical treatment and out-of-pocket losses. Under New York State Law, if you have sustained serious and significant injuries that limit normal body functions, you can go outside the no-fault system and file a claim.

New York is a Comparative Fault State

NYC follows the comparative fault law, which means that in a car accident, all the parties can recover compensation from their insurance companies, regardless of the percentage of their fault or driver error. This is unlike other states where the party primarily responsible cannot seek compensation. 

However, the amount of compensation that a party can collect will be decreased in proportion to the degree of their fault. So the courts first determine each party’s percentage of fault before computing the damages they are due. 

What Are the Common Causes of Car Accidents in New York City?

In New York State, where over 4,750 accidents occur per week, driving can be difficult. The huge number of pedestrians, cars, bikes, trucks, scooters, and other types of vehicles on the road means that collisions are unfortunately a common occurrence. Some common car accident causes in New York are:

  • Road Hazards
  • Vehicle Failures 
  • Reckless or Distracted and Careless Driving:
  • Speeding
  • Cell phone use
  • Improper turns
  • Running red lights
  • Changing lanes without signaling 
  • Unsafe exits/entries
  • Using any sort of device that is in violation of hands-free laws
  • Failure to obey traffic signs
  • Failure to yield to drivers or pedestrians that have the right-of-way
  • Driver error
  • Drunk Driving
  • Driving under the influence of drugs or controlled substances 

In New York, common causes of car crashes are head-on collisions, rear-end collisions, side-swipe and side-impact crashes, and T-bone collisions.  

New York City Car Accident Statistics

In New York City, approximately 28 car accidents occur per hour. The sheer amount of taxis, Uber, Lyft, revel rental motorbikes, city bikes, delivery trucks, and more is dizzying. If you have been involved in a car crash in NYC, you know that it can be a terrifying experience. You also know how exhausting an auto accident case can be.

It is important to contact a car accident attorney as soon as possible if you have been injured. Our team of NYC accident experts can walk you through the important steps to take and how best to communicate with police officers when filing your police report and the insurance company representatives when they reach out to you.

In the United States, over 6 million car crashes happen every year. In the first half of 2023 alone, almost 20,000 people died in motor vehicle accidents in the US. Many of these car crashes take place in New York, with almost 100,000 crashes reported in 2022. If you do the math, that translates to over 624 car collisions happening per day across NYC.

According to reports published by The New York Institute for Traffic Safety Management and Research, in 2022, there were 96,059 NYC vehicular accidents. 71,264 of those injuries were classified as serious–and nearly 6,919 were classified as moderately serious. 226 people died of fatal injuries caused by car accidents. 

New York City Car Accident Statistics: Graphic

The above graphic details the total amount of NYC car accidents for the month of August 2023 alone. Year-to-date, these car crashes have resulted in over 160 fatalities.

In New York, motor vehicle accidents are the most common type of accident, claiming 226 lives in 2022 alone. Of those fatalities, 38 were alcohol related and 10 were known not to have been wearing seat belts at the time of the crash.

Victims of serious car accidents often sustain brain injuries, spinal cord damage, broken bones, amputations, burn injuries, organ damage, or other serious injuries, as a result of negligence on behalf of other drivers on the road. According to NYPD reports, in June 2020 there were 7,456 motor vehicle accidents– even though the city was largely shut down because of the COVID-19 Pandemic. In one month, 2,644 people were injured or killed in traffic accidents in New York City (1,581 motorists, 951 vehicle passengers, 580 bicyclists and 399 pedestrians).

If you’ve been a victim of a car crash, it is important to contact a lawyer immediately. At Giordano Law Offices Personal Injury & Employment Lawyers, we have successfully handled many personal injury cases. If you have questions about your rights after a NYC auto accident, call us to schedule a free consultation today.

Where can a New York City Car Accident Happen?

Photo of a Turned Over Truck

Of the 96,059 NYC car crashes that were reported in 2022, the majority of  the car accidents and injuries happened in Brooklyn and Queens, while the area with the fewest accidents was Staten Island. Here’s a more specific breakdown of where car crashes happen in NYC in August 2023:

  • Brooklyn – 34%
  • Queens – 27%
  • Manhattan – 18%
  • The Bronx – 16%
  • Staten Island – 5%

How Serious Are New York City Car Accidents?

Many car crashes take place in the hustling and bustling city of New York, with Queens and Brooklyn taking the top ranks when it comes to cities with the most motor vehicle incidents reported daily. These boroughs are also where the most serious and fatal accidents happen. In New York in 2018, there were 44,300 collisions that caused serious injuries, which translates to about 5 car collision injuries happening every hour. One out of every five car accidents in NYC results in an injury. Further, NYC car accidents often result in death, with 197 people killed in 2018. Queens and Brooklyn are also the top boroughs with the most fatal accidents.

Where Do Most Car Accidents in NYC Happen?

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New York is a hustling and bustling city where things and people move fast. People are always in the rush to get to work, with the city being home to career men and women. Because of this fast-paced lifestyle, car crashes are rampant. Hundreds of car crashes happen daily — a lot of them causing serious injury or even death.

Among the boroughs of New York City, Queens and Brooklyn are where most car accidents happen. Most of the reported incidents here are also fatal, and sometimes even deadly.

Accidents By Borough

Queens

Of the 96,059 motor vehicle and pedestrian accidents that occurred in New York City in 2022, 29,228 or 30.4% happened in Queens. This borough is also one of the places where injury and death-causing accidents most likely happen. The following datapoints display 2022 Queens Car Accident Statistics:

  • Motor vehicle accidents – Queens makes up 30.4% of the NYC total
  • Accidents resulting in injury – 30.4% of the city’s total or 14,508 serious injuries
  • Accidents resulting in death – 65 deaths
  • Bicycle accidents – 1,120 bicycle accidents with 2 resulting deaths
  • Accidents involving pedestrians –  37 fatalities
  • Motorcycle accidents – 10 motorcycle accidents
  • Large truck accidents – 17,596 large truck accidents in New York State in 2022

Brooklyn

Brooklyn is also one of the boroughs with the most accidents. Of the 96,059 vehicular accidents that were reported in NYC in 2022, 29,561 accidents or 30.7% happened in Brooklyn. The following datapoints display 2022 Brooklyn Car Accident Statistics:

  • Total motor vehicle accidents in Brooklyn – 30.7% of the NYC total.
  • Accidents resulting in injury –  15,825 serious injuries
  • Accidents resulting in death – 69 deaths
  • Bicycle accidents – 2,316 accidents with 10 resulting deaths
  • Accidents involving pedestrians – 3,439 accidents with 44 resulting in  fatalities
  • Motorcycle accidents –  528 motorcycle accidents with 5 fatalities
  • Large truck accidents – 17,596 large truck accidents in New York state in 2022

Manhattan

In Manhattan in 2022, there were 14,974 motor vehicle accidents, which represents 15.6% of the total number of auto accidents that happened in New York City in 2022. The following datapoints display 2022 Manhattan Car Accident Statistics:

  • Total motor vehicle accidents in Manhattan – 15.6% of the NYC total
  • Accidents resulting in injury –  7,399 serious injuries 
  • Accidents resulting in death – 30 deaths
  • Bicycle accidents – 1,508 bike accidents with 4 resulting deaths
  • Accidents involving pedestrians – 1,949 accidents with 19 resulting deaths
  • Motorcycle accidents – 302 motorcycle accidents with 3 fatalities
  • Large truck accidents –
  • 17,596 large truck accidents in New York state in 2022

The Bronx

16,841 of the total 96,059 car accidents in NYC in 2022 occurred in the Bronx, or 17.5% of the total number of NYC car accidents. The following datapoints display 2022 Bronx Car Accident Statistics:

  • Total motor vehicle accidents in the Bronx – 17.5% of the NYC total
  • Accidents resulting in injury –  9,064 serious injuries 
  • Accidents resulting in death – 50 deaths
  • Bicycle accidents – 709 bike accidents with 5 resulting deaths
  • Accidents involving pedestrians – 1,758 accidents with 21 resulting deaths
  • Motorcycle accidents – 288 motorcycle accidents with 7 fatalities
  • Large truck accidents – 17,596 large truck accidents in New York State in 2022

Staten Island

When it comes to car accidents in New York, Staten Island is considered the safest borough, having the least number of accidents and deaths. It accounts for only 5.7% or 5,455 accidents out of the 96,059 total car accidents in NYC in 2022. The following datapoints display 2022 Staten Island Car Accident Statistics:

  • Total motor vehicle accidents in Staten Island – 5.7% of the NYC total. 
  • Accidents resulting in injury –  2,400 serious injuries 
  • Accidents resulting in death – 12 deaths
  • Bicycle accidents – 77 bike accidents
  • Accidents involving pedestrians – 399 accidents with 7 resulting deaths
  • Motorcycle accidents – 73 motorcycle accidents with 1 fatality
  • Large truck accidents – 17,596 large truck accidents in New York State in 2022
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Most Dangerous Intersections in NYC

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Intersections can be considered as the center of many car accidents that happen in New York City. 2.2 million car accidents happen in intersections across the Big Apple yearly, accounting for 40% of all car accidents in NYC. 

We compiled the most dangerous intersections in the boroughs in New York City: 

Most Dangerous Brooklyn Intersections

  • Hooper Street and South Fifth Street in Williamsburg
  • Lawrence Street and Willoughby Street in Downtown Brooklyn
  • Newkirk Avenue and Argyle Road in Ditmas Park
  • Newkirk Avenue and Rugby Road in Ditmas Park
  • Smith Street and Wycoff Street in Boerum Hill
  • South Fourth Street and Keap Street in Williamsburg
  • South Third Street and Havemeyer Street in Williamsburg
  • Sterling Place and Kingston Avenue in Crown Heights

Most Dangerous Bronx Intersections

  • East 168th Street and College Avenue in Concourse
  • East 196th Street and Valentine Avenue in Fordham
  • East Mosholu Parkway North and Hull Avenue in Norwood
  • Field Place and Creston Avenue in Fordham
  • Goble Place and Inwood Avenue in Mt. Eden

Most Dangerous Manhattan Intersections

  • Clinton Street and Rivington Street in Lower East Side
  • Ludlow Street and Rivington Street in Lower East Side

Most Dangerous Queens Intersections

  • 37th Avenue and 101st Street in Corona
  • 37th Avenue and 99th Street in Corona
  • 39th Avenue and 111th Street in Corona
  • 89th Avenue and 168th Street in Jamaica
  • Woodward Avenue and Willoughby Avenue in Ridgewood

We’ll Help You Demand Money For All of Your Car Accident Injuries

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When an accident occurs, an insurance company reviews your claim to determine if they are going to pay — and if so, how much that amount is. In New York, depending on the type of accident you have been involved in, there may be a maximum recovery amount. 

New York City car accident attorneys at Giordano Law Offices Personal Injury & Employment Lawyers will help to advise you on the recovery amount that you can expect depending on your injuries and the types of vehicles that were involved in your car crash. 

When you communicate with insurance companies, it is important to do so with legal counsel as insurance companies have experienced and skilled lawyers that work to protect their financial interests, which typically means a lesser payout for you. 

If you have been involved in an auto accident, you deserve a skilled NYC car accident lawyer that protects your interests! Giordano Law Offices Personal Injury & Employment Lawyers never charges you a penny for an initial consultation and all car accident cases are done on a contingency fee basis. This means that you don’t pay us anything unless we are successful in obtaining a recovery for you. 

Giordano Law Offices Personal Injury & Employment Lawyers car accident attorneys aggressively advocate on your behalf and seek the maximum compensation for past and future accident-related medical bills, pain and suffering, lost wages, and other forms of financial relief.

What If I’m Blamed For My Car Accident?

If you are being blamed for an automobile accident, it’s important that you hire an NYC car accident lawyer immediately. Your attorney can help you navigate the situation even before a case is filed against you. They can also assist you in recovering the damages that you too are entitled to.

However, if a case has already been filed against you and you do not have a lawyer, make sure to keep these in mind:

  • Refer involved parties to your insurance company
  • Forward all correspondence to your insurance company
  • Forward all legal notices to your insurance company

Being represented by an attorney can go a long way in helping you navigate all the procedures involved when you are blamed for a car accident. An attorney can help protect your interests and your rights. Our lawyers have handled a plethora of car accident cases, so we have the skills and expertise to help you. 

Damages Are Available After a New York City Collision

Car accident victims in New York, NY are left to fend for themselves and carry the financial burden of medical bills and other expenses. Because New York follows the no-fault insurance principle, both parties can recover from their own insurance companies. In case of serious injuries, a victim can file a case and recover from the party who is primarily at fault. Some damages that can be recovered include:
  • Medical bills
  • Long-term medical care
  • Therapy
  • Permanent disability modifications
  • Vehicle repairs or replacement
  • Property damage
  • Lost income
  • Loss of future income
  • Mental anguish
  • Pain and suffering

Do Car Accidents Always Result In Litigation In New York?

what-does-an-employment-lawyer-do

In case nobody is injured in the car accident or the injuries are not considered serious, the No-fault laws of NY will govern any bodily injury claims and restrict recovery. But what is a “serious injury”? There really isn’t a standard definition for this, but rather guidelines that state what is and is not considered a “serious injury”. Each no fault state has a statute that outlines the types of injuries that would allow a plaintiff to file a lawsuit against the at-fault driver.

Serious injuries which, under New York State law, can entitle individuals to file personal injury claims are injuries that may result in death, dismemberment, disfigurement, fractures, loss of a fetus, permanent loss of use of a body organ, member or function or system, permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all the victim’s usual activities for at least 90 during the 180 days immediately following the accident.

If your injuries are not considered serious, you won’t be able to receive damages for losses such as pain and suffering. When property damage occurs as a result of the accident(for example your car needs repairing), you can make a claim against your own insurance coverage or seek compensation from the at-fault driver’s liability car insurance policy. Overall, under the No-Fault Act, damages above $50,000 per person (i.e. medical payments, lost income, and anything else) are not recoverable, unless your injuries fall under a statutory “serious injury” that entitles you to recover additional money beyond this threshold.

How Long Do I Have to File a Car Accident Lawsuit in New York?

The statute of limitations governs the time limits for filing a lawsuit. These limitation periods are very important — missing the statute of limitations in NY means you are forever prohibited from bringing a lawsuit. Always make sure to consult a competent attorney about your particular case and how long you have to bring it.  

While every case is different, in New York, you generally have 3 years from the date of an accident or negligence to file a claim against a private party. If the government is involved then you only have until your case is a year old to commence action.

It is very important to consult our dedicated car accident legal staff because in each case there are exceptions. It is also important to note that in both types of car accident claims, you have 30 days to file your no-fault application.  

What Happens If The At-Fault Driver Doesn’t Have Sufficient Insurance Coverage To Compensate The Victims?

statute-of-limitation-definition

The statute of limitations governs the time limits for filing a lawsuit. These limitation periods are very important — missing the statute of limitations in NY means you are forever prohibited from bringing a lawsuit. Always make sure to consult a competent attorney about your particular case and how long you have to bring it.  

While every case is different, in New York, you generally have 3 years from the date of an accident or negligence to file a claim against a private party. If the government is involved then you only have until your case is a year old to commence action.

It is very important to consult our dedicated car accident legal staff because in each case there are exceptions. It is also important to note that in both types of car accident claims, you have 30 days to file your no-fault application.  

Joint and Several Liability

Any New York Driver could be liable for injuries they cause by driving negligently. But different drivers have different levels of coverage in NYC. The state’s Basic Insurance policy limits liability to $25,000. If someone is responsible for a car accident and they only have $25,000 in insurance coverage and the other driver suffers a debilitating injury that requires life-long medical care, and a jury returns a judgment of $250,000 — that is all the money the driver at-fault would get to pay. The remaining $225,000 would come from the at-fault driver’s insurance and/or assets.

In New York, we also follow the joint and several liability rule, which could be to the plaintiff’s benefit. So, in case there is another party involved in the auto accident, and that third party is capable of paying the full amount of a judgment, that party is responsible for paying the entire amount. 

How To Choose A Car Accident Lawyer in NYC?

The Giordano Law Firm provides experienced and skilled representation to NYC car accident victims — our valued clients. If you or a loved one has sustained injuries from a car collision, our New York car accident lawyers can help. Car Accident and Injury Attorneys at Giordano Law Offices Personal Injury & Employment Lawyers have been ranked in the top 5% in the country by Thomson Reuters Super Lawyers. 

Platforms like Expertise, Avvo, and Lawyers.com have recognized Giordano Law Firm attorneys with 5-star reviews across the board. We are one of the best personal injury law firms in NYC. When you call Giordano Law Offices Personal Injury & Employment Lawyers after you or your loved one has been injured in a car collision or has tragically died, you are treated with personal care. A client speaks directly with attorneys who have successfully won millions for NYC car accident injury clients. 

Our car accident lawyers share their personal cell numbers with the client so that our leading attorneys can themselves available to you around the clock. With Giordano Law Offices Personal Injury & Employment Lawyers, we take pride in our customer service, and a client is always treated as an extension of our family. Call us anytime for a free consultation: (646) 217-0749.

Additionally, you can email us: Info@Gio-Law.com, or contact us online to schedule a consultation. We look forward to hearing from you soon.

Call Our New York City Car Accident Lawyers For Help

Choosing a car accident lawyer who has tried many cases is important because it allows the lawyer to approach your case from a perspective of having already experienced most of the issues that will arise when confronting a complex car accident case. The New York City car accident lawyers at Giordano Law Offices Personal Injury & Employment Lawyers have won millions of dollars on behalf of clients who were victims of motor vehicle accidents. As a result of this experience, our law firm is requested by victims from all over the United States in every state to handle automobile accident cases. You can call us anytime at: (646) 217-0749. You can also email us at: Info@Gio-Law.com, or contact us online to schedule a free consultation.

Insurance Claim

Getting the compensation you deserve from your insurance company can be difficult. These institutions will do what they can in order to lessen the value of your cash out. You need to be very careful when making an insurance claim. As much as possible, have an attorney with you. Your car accident lawyer NYC can help you make a claim in the most effective way possible.

Personal Injury Lawsuit

For serious injuries from a car accident in New York or in case of wrongful death, you can file a personal injury lawsuit. But you only have 3 years from the car accident to file a lawsuit, because of the tight timelines it’s important to hire Giordano Lawyers New York now to get a free consultation about your case. If you wait until your case is a year old, it might already be too late.

Our lawyers can help you file your personal injury case and create a strategy that will help you attain the best results. We’ll handle everything for a client even before we file a lawsuit so that you can focus on your recovery. 

Government Claim

If you believe that a government entity, agency, or employee caused your personal injury, you can still file a claim against them. This is in the form of a government claim. The catch is that this type of claim has a quicker statute of limitations. You only have 90 days from the date of your accident to make your claim.

How much should I ask for in a settlement?

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Each car accident case is different, which is why it’s hard to say how much you should ask for in a settlement. But a lot of people get overwhelmed with the procedure of filing a case and end up accepting the first settlement amount they receive, without crunching the numbers and seeing if it’s actually worth their losses.

To make sure that you’re getting the rightful compensation for your unique circumstances, take into account all the damages that you suffered, including:

  • Medical bills
  • Long-term medical care
  • Therapy
  • Permanent disability modifications
  • Vehicle repairs or replacement
  • Property damage
  • Lost income
  • Loss of future income
  • Mental anguish
  • Pain and suffering

Most common factors that can affect your car accident settlement are: liability (if you were also guilty for the accident, that could reduce your settlement), the severity of your injury (the more treatments and medication it requires, the more you will receive in your settlement), the type of job you have (if your work was physically demanding and you can no longer do it because of the personal injury caused by the accident, that could factor into your settlement), your marital status (if you are married and your family relies on your abilities to provide for them, you could receive a bigger compensation in case of an accident). The average settlement for a car accident is usually between 1.5 times and two times your financial damages.

Our lawyers can help you compute the value of the damages you are entitled to. Contact us today and find out how much compensation you deserve. We’ll get you the best settlement possible because we fight for the client. And because we work on a contingency fee basis, you won’t pay a dime unless we win.

How is a settlement paid out?

When a claim for insurance damages has been settled, there is a legal time limit for the defendant to pay all sums due. In N.Y. C.P.L.R. § 5003-a(a) (McKinney Supp. 2002), it says that the settling party has 21 days to make the payment. If the settling party is a public corporation not indemnified by the state, the payment should be made within 90 days. This is the same time period if the settling party is the State or an officer or employee thereof.

Settlement payout methods can either be in a lump sum or through periodical payments. They can be paid in any manner suitable to the individual needs of the parties, which will be indicated in the terms of the settlement. But once the terms are made, they cannot be changed. 

What happens if you don’t accept a settlement?

The at-fault party who is liable for damages would usually propose a settlement. What happens is that they suggest a settlement amount that they pay in exchange for you dropping your case in court. Should you accept, the amount will be paid and the case will no longer proceed.

If you don’t accept a settlement, your case will continue through the court process and the judge will determine whether or not you are entitled to the damages. Most personal injury cases often end in the settlement phase and never make it to court. Ask your lawyer to give you advice on whether or not you should accept the settlement being proposed to you.

What To Do After A Car Accident?

Car accidents can be one of the most stressful situations in a person’s life. Not only can a car accident lead to serious injury, but it can also lead to severe financial and legal ramifications for the people involved. Attorneys at Giordano Law Offices Personal Injury & Employment Lawyers want to ensure that you are prepared if you are ever involved in a car accident.

Preventative Safety Measures

Photo of safety belt

 Car accidents come in many different forms. They can involve vehicle-to-vehicle collisions, a vehicle colliding into a structure, a vehicle striking a pedestrian, or a driver losing control of their vehicle and veering off the road. To ensure that you are well-prepared for any of these situations, you should take the proper preventative safety measures. These measures include staying on top of your car’s maintenance and keeping a health kit, a portable cellphone charger, and your insurance card in your vehicle always. Also, it is a good idea to equip your vehicle with a dashboard camera to document potential accidents or any other incidents. The failure to equip these safety measures may have dire financial, health, and legal consequences.

After Your Car Accident

Photo of person speaking on the phone Not only do car accidents come in many different forms, but they also vary in severity. A driver may be involved in anything from a routine fender bender to a life-threatening vehicle-to-vehicle collision. Unless you are involved in a situation where you are required to get away from your vehicle (e.g., vehicle is on fire), a driver involved in a car accident should always remain in their vehicle until they have had an opportunity to properly assess the situation. Whether it is because you got into an accident on a busy road or highway, or the other driver involved in the accident appears to be hostile or dangerous, it is best to stay in your vehicle and out of harm’s way. 

The next thing you should do is call 911. This is imperative for two reasons: First, you or your passengers may have suffered injuries because of the accident and may need medical attention. Second, the presence of law enforcement will de-escalate any potential hostile situations that may arise due to the accident (e.g., verbal and/or physical altercation between the individuals involved). Also, once the police arrive at the scene of the accident, they will fill out a police report documenting the accident. Once you do seek out legal assistance for the accident, the police report may include important details that will aid your attorneys in representing you in any ensuing lawsuit.

Next, you should take photos and videos of the scene of the accident, and of the damage done to your vehicle immediately after the accident occurs. This is important for litigation and insurance purposes. Similar to the police report, photos and videos from the scene of the accident may serve as evidence which will aid your attorneys in the event of any ensuing lawsuit. This video evidence includes any footage collected from your dashboard camera, should you have one installed in your vehicle. Importantly, you should make efforts to save all photo and/or video evidence to a backup server (i.e., iCloud, Google Drive) or an external memory unit (i.e., external hard drive, memory stick) to ensure that you do not lose it or that it is not accidentally erased. Lastly, your insurance company may likely require that you submit photo and/or video evidence from the car accident before filing an insurance claim. Therefore, preserving this photos and/or video evidence is of the utmost importance.

Contacting An Attorney

Photo of person speaking on the phone You should contact an attorney immediately after your car accident. Not only will an attorney vigorously advocate on your behalf, but they can also advise you on your legal options and help you navigate the post-accident insurance process. Moreover, contacting an attorney immediately after your car accident is important because there are statutes of limitations and no-fault insurance deadlines that must be met to ensure that you are financially protected after an accident. Missing a statute of limitations deadline in New York means that you can never file a lawsuit regarding the matter at hand. In essence, you forfeit your right to sue someone and lose your ability to collect any money for the damages you may have incurred because of the accident.

For example, in the case of “serious injuries” received because of a car accident, you may file a lawsuit against the party, or parties, at fault and recover damages for your injuries; you generally have  three years from the date of the accident to file a lawsuit against the private party. On the other hand, you have even less time after a car accident to file proper documentation if the government is involved.  Most municipal, state and federal agencies require that a Notice of Claim or Notice of Intention to Sue be filed within a very short time after the car accident, usually no more than 90 days. In situations where a government vehicle is involved in a car accident or a signal is out, a sign is missing, or the roadway is inherently dangerous, you need to move very fast to secure competent lawyers.

Most importantly, you only have 30 days from the date of the accident to file a no-fault claim with your insurance company.

No-Fault Insurance

Photo of a formNew York State is a No-Fault Insurance state which means that after a car accident, your insurance company is responsible for covering the cost of your damages (i.e., medical treatment, out of pocket losses) regardless of who was responsible for causing the accident. As mentioned above, you only have 30 days from the date of the accident to file a no-fault insurance claim with your insurance company (or the responsible party when you were a pedestrian, passenger or otherwise do not have no fault coverage), or else you may be on the hook for all the medical and work-related losses you incur due to the car accident. If you sustain a “serious injury,” as defined under New York State law, then you may go beyond the no-fault system and file a lawsuit against the other party, or parties, to the accident. 

Regardless of the severity, or type, of car accident that you are involved in, the attorneys at Giordano Law Offices Personal Injury & Employment Lawyers want to ensure that you are well protected. We are available to advise you through the insurance process and advocate on your behalf. No one ever expects to get into a car accident, but you can be prepared, and knowledgeable about your legal rights, if you are ever involved in one. 

Call (646) 217-0749 or submit an online request form to get a free consultation at www.gio-law.com.

Call or text (646) 217-0749 or submit an online request form to Get a Free Consultation.