Your actions after a car accident can greatly affect your ability to get fair compensation for your damages. You’ll be dealing with insurance companies that want to pay out as little as possible. They’ll take advantage of any misstep on your part to minimize your compensation, so it pays to be strategic. This page discusses what to do after a car accident in New York.
Our New York car accident attorneys can also help. When you turn to Richmond Vona, we’ll determine the best course of action after your car accident to protect your rights. Whether you’ve been in a rear-end collision, a sideswipe accident, or a head-on crash, we can handle the legal details while you focus on your recovery. Contact us online or call (716) 500-5678 today to schedule a free consultation.
What Should You Do After a New York Car Accident?
The immediate aftermath of a New York car accident can be a whirlwind, but try to stay calm and take the following steps:
- Call the police, even if the damage seems minor. The police report will be crucial evidence for your insurance claim.
- Exchange information with the other driver, including insurance details. Ask to see a copy of their insurance card or policy documents so you can verify the information.
- Document the accident scene. Take photos of all property damage, injuries, and contributing factors, such as road and weather conditions.
- Collect witness information, including names, contact information, and statements.
- Seek medical attention, even if you don’t feel injured. Some injuries may not show symptoms right away. Prompt medical care can prove a direct link between the accident and your injuries.
- Notify your insurance company about the accident. Provide only basic details, such as when the accident occurred and who was involved, before consulting with an attorney.
Things You Should Not Do After a Car Accident
What you do is just as important as what you don’t do after a car accident in New York. Avoid these common mistakes that could jeopardize your claim:
- Don’t admit fault for the accident, directly or indirectly, even if you are partially at fault. The insurance company may view statements like “I’m sorry” or “I didn’t see them” as an admission of fault.
- Don’t leave the accident scene. New York car accident laws require you to stay at the scene and exchange information with the other driver. Leaving could damage your ability to recover compensation, even if someone else caused the accident.
- Don’t share details about the accident or its aftermath on social media. This includes updates about your health or activities that could suggest you’re not as injured as you claim. The insurance company may monitor your social media for evidence it can use against you.
- Don’t skip medical attention. If you’re injured but delay seeking medical care, the insurance company may argue that your injuries didn’t result from the accident.
- Don’t forget to gather evidence. You only have one shot to document the scene in the immediate aftermath of the accident, and missing it could leave gaps in your claim.
How New York No-Fault Insurance Affects Your Car Accident Claim
New York is a no-fault insurance state. Under this system, all drivers must carry personal injury protection (PIP) coverage. PIP coverage pays for medical expenses, lost earnings, and certain other economic losses, no matter who’s at fault for the accident.
If you’re injured in a car accident in New York, you will file a claim with your own insurance company for PIP benefits. The minimum amount of PIP required by law in New York is $50,000 to cover basic economic losses. You can purchase higher non-mandatory coverage.
If your economic losses exceed $50,000 or you suffered a “serious injury,” you may be eligible to seek compensation for your remaining damages through the at-fault driver’s liability insurance or a lawsuit. Under New York law, serious injuries include death, dismemberment, bone fractures, permanent disabilities, loss of a fetus, and other significant bodily harm.
Keep in mind that the no-fault system only applies to personal injury claims. You can pursue a claim for property damage against the at-fault driver’s liability insurance without having to file a PIP claim.
How Long Do You Have To Report an Accident in New York?
Making an official report to the authorities is one of the most important things to do in a traffic accident. If the accident caused more than $1,000 of property damage, you must file an accident report with the Department of Motor Vehicles within ten days of the crash. You may temporarily lose your driver’s license if you fail to report the accident by the deadline.
There are also instances where you must immediately call the police to the scene. These include accidents that result in injury or death of a person or domestic animal. They also include collisions with parked vehicles when the owner isn’t present. Leaving the scene in these circumstances may be considered an illegal hit and run accident.
Can I Leave the Scene of the Accident If I Sustained No Visible Injuries?
Depending on the circumstances, it may be illegal to leave the scene of the accident, even if you aren’t injured. Someone else could be injured, or the accident could involve a parked vehicle.
Leaving the scene can also harm your case for compensation if you end up discovering injuries later on. If you don’t remain at the scene to document the damage, exchange information, and make a police report, you’ll have limited evidence to support your claim.
How Our Attorneys Can Help With Your New York Car Accident
Working with a New York personal injury attorney is one of the best ways to protect yourself after a car accident. When you turn to Richmond Vona, we’ll help you understand what to do after a motor vehicle accident, then gather evidence and negotiate with insurance companies on your behalf.
We’ve recovered over $175 million in case results for our clients, and we’re ready to seek the maximum compensation available for your injuries and losses. Contact us online or call (716) 500-5678 today to get started with a free consultation.
