Car accidents are common on the roads, and anyone can get involved in one at any time. Even though most accidents are minor fender-benders, there are times when car accidents result in severe injuries, and compensation is essential to cover medical expenses, property damages, and recovery costs. Getting compensation from the parties at fault may depend on what you do immediately following a car accident, so it is essential to contact your car accident lawyer in NYC as soon as possible. It will ensure the best-case scenario as a roadmap to manage your injury claim.
In this guide, we’ll cover the steps you need to take following a car accident to ensure you reach a fair settlement.
First, Call the Police
You should notify the authorities or police as soon as the auto accident occurs. If it is safe, you can stay inside your vehicle and call the police from there. While you’re in your car, you can take a photo of the car accident and the other vehicle with your phone. To help identify the place and time of day where the accident occurred, remember to add the other car’s license plate information and pictures of the area.
If accident happened in a heavy traffic area, you should not get out of your car to snap pictures of the accident scene before the police arrive to block oncoming traffic. You don’t want bypassing car to hit you while you distracted taking pictures of the accident scene.
Also, for your safety and the safety of other drivers on the road, do not remove vehicles from an accident scene unless told to do so by police.
Let Emergency Responders Do Their Job
When there is a car accident, emergency responders like fire department, or paramedics may be sent to the scene to help anyone who was hurt. Do not refuse their services at the accident scene if you are hurt or if you think you are hurt but don’t have any visible signs of it.
When paramedics arrive at the scene of an accident, they will always carry out a thorough examination of the drivers of the vehicles and others involved.
If you are involved in a car accident and wish to decline assistance, you will be required to sign a waiver at the scene of the accident stating that you have refused these services. This waiver protects the paramedics whose help you refused.
Please remember that most victims of car accidents don’t realize they are injured at first, — it might take a few days or weeks for them to feel pain or show any visible symptoms.
It’s crucial to understand that you may be suffering from life-threatening injuries without even realizing it!
Contact Your Insurance Company
When you are involved in a car accident, you have to contact your insurance company to report the details of what happened.
This is a report to explain the damage to your vehicle and the injuries you incurred as a result of the accident. Your insurance company may ask you for any documents supporting your loss, such as medical bills, car service bills, drug receipts for medications, a copy of the doctor’s diagnosis of your condition, or any discharge papers from the hospital. Keep track of all the doctor appointments and how much it cost, as well as the dates of each injury-related event.
This will allow you to keep track of the harm you have received, and the costs associated with the auto accident.
New York Vehicle and Traffic Laws
Several laws in New York can affect the outcome of a motor vehicle accident, particularly if you intend to file a claim against the other driver for personal injury or negligence. It is helpful to keep this information in mind as you heal and consider your options after a car accident. Please feel free to contact car accident lawyer in NYC if you have any questions or are interested in discussing how these laws may apply to your case.
Drivers Must Exercise Due Care
In the New York Vehicle and Traffic Laws, pedestrians are protected, and risky driving behaviors are prohibited in an effort to prevent accidents. According to Vehicle and Traffic Law 1212, reckless driving is prohibited strictly, and anyone convicted of it is guilty of a misdemeanor. Moreover, the state has banned drivers from using portable electronic devices while driving, which is a leading cause of accidents. Pedestrians are also protected under New York Vehicle and Traffic Laws. Drivers must exercise due care to avoid colliding with pedestrians, bicyclists, or domestic animals on any roadway, according to Section 1146. If a motorist fails to exercise due care and strikes a pedestrian, they can be liable.
New York State has these regulations in place, so if you are involved in a car collision and believe the other driver has violated any of these laws, there is a good chance that you can sue them. For more information about New York traffic laws, consult an experienced lawyer.
No-Fault Insurance
Any driver with a registered vehicle in New York is required to have no-fault insurance (also called PIP). Any driver (and his passengers) covered up to $50,000 each for economic losses sustained in a car accident, regardless of who was at fault. Its purpose is to restore injured people to “health and productivity” after a car accident, according to the New York State Department of Financial Services. A personal injury lawsuit can only be filed against the negligent party if the economic losses exceed $50,000 benefits or if there are non-economic damages (such as pain and suffering) due to a serious injury. Death, dismemberment, fractures, a permanent loss of use of an organ or system, and significant limitations in the use of a body part are all considered serious injuries under no-fault insurance laws.
This is to say, if you are wondering if you may be able to bring a personal injury lawsuit after a car crash in New York, you can, but it depends on the circumstances of the accident. Regardless of whether or not you are able to file a lawsuit, no-fault benefits compensate you for any economic losses caused by your accident, including medical expenses and income loss. The no-fault insurance claim must be filed within 30 days of the accident; otherwise, it will no longer be considered valid.
Comparative Negligence
As a comparative negligence state, New York divides fault between multiple people if an accident occurs. This depends on the circumstances of the accident. It may initially seem that the driver who rear-ends another car at an intersection is entirely at fault, for example. Even so, there are other factors to consider, such as why the car behind the rear-end didn’t stop in time. Because of New York’s comparative negligence law, the fault may have been shared by both drivers if the first car’s brake lights were out or they failed to signal to slow down for a turn. Generally, liability is not split equally in cases like these, but is assigned as percentages based on each party’s negligence. As an example, a rear-end accident may result in the rear-ending driver being held responsible for 80% of the accident, whereas the first driver may only be responsible for 20%.
Statute of Limitations
New York has a three-year statute of limitations for auto injury lawsuits. Thus, you will need to file your lawsuit within three years of the accident to be considered valid. Therefore, although you have three years to file a lawsuit, it is best to do so as soon as possible after an accident occurs. By doing so, the evidence and memories of those involved are relatively recent and are more likely to be regarded with credibility.
Who Pays Medical Bills
Those who have been injured in car accidents will incur medical expenses as a result of their injuries.
Despite the fact that the majority of drivers will submit claims to their own insurance company, if another driver is at fault for the accident, that driver’s insurance company must cover the medical expenses. Insurance companies often attempt to compensate a car accident victim or reach a settlement with them after an accident.
This is the time when you need a car accident lawyer in NYC the most!
The at-fault or other driver’s insurance company will want to settle the claim for bodily injuries as cheaply and as quickly as possible. You need to have a car accident lawyer in NYC on your side to get you the fair compensation you deserve. Please remember that you or your loved ones may suffer recurrences of the injuries from an auto accident. During the settlement process for bodily injuries, you should consider any future medical needs that may arise in the following months or even years. We are here to help support your bodily injury case every step of the way. Call 1-800-HURT-511 today.
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