Craig D. Rosenbaum | November 23, 2020 | Car Accidents in New York
Being sued after a car accident can be stressful, especially if you have never been involved in a lawsuit before. You may be worried about paying damages, appearing in court, or protecting your personal assets. However, receiving lawsuit papers does not mean you have already been found responsible for the crash.
If someone sues you after a New York car accident, the steps you take next can affect how the case proceeds. Understanding when to contact your insurance company, how to respond to the lawsuit, what evidence to preserve, and what your insurance may cover can help you navigate the process and protect your rights.
Contact Your Auto Insurance Company Immediately
One of the first things you should do after receiving a summons, complaint, or other lawsuit documents is contact the insurance company that covered you at the time of the accident. Provide copies of everything you received and follow your insurer’s instructions.
New York requires motorists to maintain liability insurance. Liability coverage protects insured drivers when another person claims they were negligent or otherwise responsible for an accident. The New York Department of Financial Services explains that an auto insurer must also provide its insured with a legal defense against covered liability claims.
Even if you previously reported the accident, do not assume your insurer automatically knows that a lawsuit has been filed. Promptly send the company the new documents.
Do Not Ignore the Lawsuit
Ignoring a lawsuit will not make it disappear. New York imposes deadlines for defendants to respond after they have been served.
Under CPLR Rule 320, a defendant generally must appear within 20 days after service of the summons. In certain situations involving other methods of service, the deadline is 30 days after service is complete.
The exact deadline depends on how you were served and what documents you received. Missing the applicable deadline could allow the plaintiff to seek a default judgment. Therefore, give the paperwork to your insurer and attorney as soon as possible.
Preserve Evidence From the Accident
Evidence can become especially important once an insurance claim turns into litigation. Do not throw away or delete materials connected to the collision.
Potential evidence may include:
- Photographs and videos from the accident scene
- Dashcam footage
- The police accident report
- Insurance correspondence
- Vehicle repair estimates and receipts
- Medical records if you were also injured
- Contact information for witnesses
- Text messages or emails discussing the accident
You should also avoid deleting relevant social media posts or other potentially important electronic information. Preserving evidence gives your attorney a better opportunity to investigate the plaintiff’s allegations and prepare a defense.
Be Careful About Discussing the Accident
Once you know you are being sued, avoid discussing the details of the case with the plaintiff, witnesses, or other people who are not involved in your defense.
You should also be cautious about posting anything related to the crash or lawsuit on social media. Statements, photographs, location information, and other posts could potentially become relevant to the litigation.
Instead, direct questions about the lawsuit to your attorney or insurance company.
Understand What Your Insurance May Cover
New York’s required auto insurance includes third-party bodily injury and property damage liability coverage. The state’s minimum liability limits generally include $25,000 for bodily injury to one person, $50,000 for bodily injury to multiple people, and $10,000 for property damage in one accident. Higher limits may apply if you purchased additional coverage.
Your policy limits can become particularly important if the person suing you alleges severe injuries or substantial financial losses.
New York is also a no-fault insurance state. No-fault benefits generally cover certain economic losses regardless of who caused the accident. However, lawsuits may still be available for economic losses exceeding no-fault benefits and for non-economic damages when the injured person satisfies New York’s serious injury requirements.
Contact a New York City Car Accident Lawyer at Rosenbaum Meier Personal Injury Lawyers for a Free Consultation
If you have questions about a car accident claim or lawsuit in New York City, Rosenbaum Meier Personal Injury Lawyers can help you understand your legal options. Our New York City car accident lawyers have decades of combined experience handling complex injury claims.
For more information, please contact Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
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