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What Should I Do After a Car Accident?
Being involved in a car accident can be stressful and overwhelming. In the aftermath, it’s important to know the right steps to take to protect your rights and ensure a smooth insurance claims process.
Our experienced New York personal injury lawyers explain what to do after a car accident below.
What to Do After a Car Accident
The first and most important step is to ensure the safety and well-being of everyone involved. Check on yourself, your passengers, and the occupants of any other vehicles. If anyone is injured, call 911 immediately for emergency medical assistance.
If possible, move your car to the side of the road or a safe location away from oncoming traffic; this will help prevent further damage or injuries. Turn on your hazard lights to alert other drivers.
Even if you think the accident is minor, report it, provide details to the police, and get the officer’s name, badge number, and a copy of the report.
Exchange insurance, contact, and vehicle information with the other driver(s) involved. Get their name, address, phone number, driver's license number, license plate, and insurance policy details.
Take pictures of the accident scene, damage to the vehicles, the positions of the cars, and any visible injuries.
If there are any witnesses to the accident, politely ask for their contact information. Their testimony could help determine fault and support your case.
Notify your insurance company about the accident as soon as possible, even if you’re not at fault. Give them details about the incident and any information you gather.
Even minor injuries should be checked by a doctor. Some injuries like whiplash may not be immediately apparent. A medical evaluation and documentation of your injuries can be crucial for your insurance claim and any potential legal action.
Don't make any statements or admit fault to the other driver, the police, or your insurance company. Stick to the facts and let authorities and insurance companies determine liability.
Consider consulting an experienced car accident attorney who can guide you through the legal process and protect your rights.
New York Car Accident Law FAQs
Yes, New York is a no-fault state when it comes to car accidents. This means that regardless of who was at fault, your auto insurance provider will cover your medical expenses and part of your lost wages up to the policy limits. That said, you may still be able to file a lawsuit against the at-fault driver if your injuries meet certain thresholds.
Fault is typically determined through an investigation that considers the following:
- Physical evidence at the accident scene (skid marks, vehicle positions, etc.)
- Witness statements
- Police reports
- Violations of New York's Vehicle and Traffic Law (speeding, running a red light, etc.)
According to New York's comparative negligence rule, you can still get compensation even if you're partially at fault for an accident. However, the amount will be reduced based on how much you're at fault. For example, if a victim is 30% at fault, they can still recover 70% of the total damages.
In New York, the general statute of limitations for car accident-related personal injury claims is three years from the date of the accident. The deadline for property damage claims is also three years. However, such as claims against government entities typically have a much shorter timeline.
Definitely! Hiring a car accident lawyer can help you get the compensation you deserve. They can navigate the legal system, handle insurance negotiations, and protect your rights. Here are the key reasons to hire one:
- Determining Liability - A lawyer can investigate, gather evidence, and build a solid case to establish who’s at fault.
- Navigating the No-Fault System - New York’s no-fault insurance laws can be confusing. An attorney can help you understand your rights and receive the benefits you’re entitled to.
- Negotiating with Insurance Companies - Insurance providers often try to minimize payouts, but a lawyer can negotiate on your behalf to secure a fair settlement.
- Pursuing Damages - If your injuries meet the “serious injury” threshold, an attorney could help you seek additional damages, like pain and suffering or lost wages.
- Handling the Legal Process - From filing the necessary paperwork to representing you in court if necessary, a car accident lawyer can handle the complex legal aspects of your case.
Many New York personal injury lawyers, including our firm, Field Law Group, work on a contingency fee basis, which means we only get paid if we win your case — there are no upfront costs.
Key Takeaways
Under New York's no-fault system, your auto insurance pays for your medical expenses after an accident, regardless of who caused it.
The statute of limitations for filing a personal injury claim after a car accident in New York is three years from the date of the incident.
A car accident lawyer can very helpful in handling insurance discussions to secure fair compensation for you.
Have Questions About New York No-Fault Law?
If you or a loved one has been involved in a car accident in New York, Field Law Group is here to help! We’re available 24/7 to discuss your case and provide the guidance you need during this time.
Call 212-739-7278 or contact us today for a FREE, no-obligation consultation!
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.
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