Rosenbaum Personal Injury Lawyers | November 4, 2024 | Car Accidents
If you get injured in a car accident that wasn’t your fault, you’re likely entitled to file a personal injury claim against the responsible party. However, even though New York law affords you this opportunity, knowing exactly what steps to take immediately after the accident can significantly impact your ability to recover compensation.
Here’s what to do after a car accident in New York:
Ensure Safety and Call Emergency Services
The first and most important step after a car accident is to ensure your safety and that of others involved. If possible, move your vehicle out of traffic to a safe location. Turn on your hazard lights to alert other drivers.
Also, check yourself and your passengers for injuries, and call 911 to report the accident. Even if the accident seems minor, having police and medical professionals on the scene is crucial.
Exchange Information With the Other Driver(s)
After ensuring everyone’s safety, exchange information with the other driver involved in the accident. This includes names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance details.
Be polite and cooperative, but avoid discussing fault or apologizing, as these statements can be used against you later.
Document the Accident Scene
Collecting evidence at the scene can be invaluable for your personal injury claim. Use your phone to take pictures of the vehicles, damages, skid marks, traffic signs, and any visible injuries. If there are witnesses, obtain their contact information. Their accounts might support your version of events and help establish liability.
Seek Medical Attention Immediately
Even if you feel fine, it’s essential to seek medical attention as soon as possible after the accident. Some injuries may not have immediate symptoms A medical professional can assess your condition and document any injuries related to the accident. Medical records will serve as critical evidence when proving your damages.
Notify Your Insurance Company
Report the accident to your insurance company promptly. New York is a “no-fault” insurance state, which means your own insurance will cover certain expenses regardless of who was at fault. Provide accurate information but stick to the facts. Avoid giving recorded statements or accepting quick settlements without consulting an attorney.
Understand New York’s No-Fault Insurance System
In New York, the no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) coverage. This means your insurance company will pay for medical expenses and lost wages up to a certain limit, regardless of fault. However, if your injuries are severe or exceed the PIP coverage, you may be able to file a claim against the at-fault driver.
Consult a Personal Injury Attorney
Navigating the aftermath of a car accident can be complex. Consulting a personal injury attorney can help you understand your legal rights and options. An experienced lawyer can guide you through the legal process, handle settlement negotiations with insurance companies, and work to maximize your compensation.
Why Proving Liability Matters
To recover compensation beyond your PIP coverage, you’ll need to establish that the other driver was negligent. This involves proving four elements: duty of care, breach of duty, causation, and damages.
- Duty of Care: All drivers have a responsibility to operate their vehicles safely and follow traffic laws.
- Breach of Duty: You must show that the other driver failed to uphold this duty, such as by speeding or running a red light.
- Causation: It must be established that the other driver’s breach of duty directly caused the accident and your injuries.
- Damages: As a result of the accident, you suffered losses such as medical bills, lost wages, and pain and suffering.
Understanding these elements is crucial, as they form the foundation of a personal injury claim. Your attorney can help gather evidence to support each aspect, increasing your chances of a successful outcome.
Damages You Can Recover After a Car Accident
Victims of car accidents in New York can recover both economic and non-economic damages.
Economic damages include:
- Medical expenses (current and future)
- Rehabilitation costs
- Lost wages and loss of earning capacity
- Property damage
- Out-of-pocket expenses related to the accident
Non-economic damages cover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of companionship
In some cases, punitive damages may be awarded if the at-fault party’s actions were particularly reckless or egregious.
The Importance of Acting Promptly
Time is of the essence after a car accident. New York has a statute of limitations for personal injury claims, generally three years from the date of the accident. Failing to file a lawsuit within this timeframe may bar you from recovering any compensation.
There are exceptions that could change the time limit for some cases. Additionally, evidence can disappear, and memories can fade over time. Acting quickly helps preserve crucial information for your case.
How an Attorney Can Assist You
If you’ve been injured in a car accident, don’t hesitate to seek legal assistance. An experienced attorney can help you understand your options and guide you through the legal process. Most offer free initial consultations, so even if you’re unsure about your case, it can be beneficial to reach out.
A car accident attorney can handle various aspects of your case, allowing you to focus on recovery. They can:
- Investigate the accident
- Collect and preserve evidence
- Communicate with insurance companies on your behalf
- Calculate the full extent of your damages
- Negotiate for a fair settlement
- Represent you in court if necessary
Most personal injury lawyers work on a contingency fee basis, meaning you won’t pay attorney’s fees unless they secure compensation for you.
Contact an Experienced New York Car Accident Attorney Today
Knowing what to do after a car accident in New York is essential for protecting your rights and securing the compensation you deserve. By following this step-by-step guide, you will be able to navigate the aftermath more effectively.
Remember, consulting an experienced personal injury attorney can make a significant difference in the outcome of your case. Get started with a free initial consultation today.
Contact Our Car Accident Law Firm in New York City
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York City car accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332