After a car accident, there are specific steps you may want to take to follow the law and ensure everyone is safe.
If you have suffered injuries in a New York car accident, the actions you take after the accident can impact your case. A NYC Car Accident Attorney at Gregory Spektor And Associates recommends that you do the following:
Assess Your Injuries
If you have suffered injuries, seek immediate medical attention. Call 911 or ask someone else to do so.
If you have severe injuries, try not to move and wait for emergency services to arrive.
If you are not too hurt, check on others and assess their injuries.
Stay At The Accident Scene
After the accident, do not leave the scene of the accident. Stay in the vicinity of the accident scene and remove yourself, your passengers, and the vehicle from exposure to further harm.
Report The Collision
It is vital to call the emergency services and the police to report the accident. The responding police officers will document the scene and fill out an accident report.
Many victims do not contact the police after an accident. They assume that the damage to their cars is minor or they have few or no injuries. However, they could discover in the ensuing days that the damage to their vehicles is extensive or they might start to experience symptoms of a severe injury.
Exchange Information With Others
Write down the full names, addresses, home phone numbers, work phone numbers, and licence plate numbers of all parties involved, including any witnesses to the crash.
Exchange auto insurance information with the other parties.
Document The Accident Scene
Note the date and time of the collision and the make and model of all vehicles in the accident.
Make a rough drawing of the scene of the accident, showing the position of all vehicles.
Use your smartphone to capture images of the accident scene and also of other vehicles in the crash. It is critical to take photographs of road signs and road conditions (such as slickness from rain).
Do not give statements to anyone other than the police officers.
Maintain calm, don’t argue, don’t blame anyone, and don’t admit fault.
Contact Your Insurance Company
New York is a ‘No-fault’ insurance state.
New York’s no-fault insurance laws require motorists to file claims with their insurance company, regardless of who causes the accident.
New York laws do not require you to report an accident to your car insurance company. However, to receive damages under your no-fault policy, you must notify your insurer about the accident within thirty days.
In cases involving an uninsured or underinsured driver, you must report the accident to your insurance company within ninety days to receive uninsured or underinsured motorist coverage.
Abide By New York Car Accident Reporting Requirements
The New York State Vehicle and Traffic Law requires reporting of car accidents involving injury or death to the police and Department of Motor Vehicles (DMV).
The police file a Report of a Motor Vehicle Accident (MV-104) with the DMV, even if the involved parties report it.
Leaving the scene of an accident that causes personal injury or wrongful death is a crime in New York.
In accidents involving property damage of less than $1,000, the parties need to only exchange insurance, registration, and driver’s licence information. If the damage is to a parked vehicle, it is necessary to locate and inform the owner or notify the police.
If there are no injuries and the property damage exceeds $1,000, it is not necessary to notify the police. However, the law requires the filing of an accident report with the DMV by every driver in such an accident within ten days.
Failure to report an accident to the DMV can result in a suspension or revocation of your driver’s licence and even criminal charges. Criminal charges carry substantial fines and potential jail time.
Contact A Car Accident Lawyer
Determining fault is necessary to recover damages in a car accident case.
At Gregory Spektor And Associates, our lawyers conduct an independent accident investigation. Clients may not recollect the accident. The experienced attorneys at our New York personal injury law firm don’t rely only on the police report and accident scene evidence to try to build a case. We use a network of experts to assist us in our investigations, including accident reconstruction experts, medical professionals, life care planners, and economists to ensure that they identify, collect, and preserve critical evidence to prove the other party caused your injury.
If you or a loved one have suffered injuries in an accident anywhere in New York, don’t assume you’re out of options. Depending on the facts and circumstances of your case, you could receive compensation to pay your medical bills, lost income, and more.
Contact anAttorney at our firm to schedule a free consultation to understand your legal options.
