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A collision steals the calm of a normal day, leaving you standing by the roadside, trying to figure out what’s next. Taking the right actions protects your rights and any potential compensation you may recover. A New York City car accident attorney details the path forward, guiding you through each step of the claims process.
File an Official Report of the Incident
You must create an official record of the collision by notifying both the police and the Department of Motor Vehicles (DMV). Specifically, in New York, you must call the police if anyone is injured or killed. If officers responded to the scene, they should have filed an accident report.
If the accident caused more than $1,000 in property damage to any single person, you must file a Report of Motor Vehicle Accident (form MV-104). You have 10 days from the date of the collision to file this form with the DMV.
How To Get a Copy of the Police Report in NYC
After a car accident in New York City, you have a few options to obtain the report, but it can often take about a week for the report to become available.
- Online Portal: You can use the NYPD’s Collision Report Retrieval Portal to find reports.
- In-Person: You may go to the precinct where the accident happened. You’ll need two copies of the Request for Copy of Collision Record form.
- By Mail: You can also mail the request forms to the precinct.
Precincts only keep collision reports for 30 days. After that, you must request the report directly from the New York DMV.
Organize Your Information
The information you gathered at the accident scene forms the foundation of your claim. Now is the time to organize the facts, photos, and contact details.
Review the photos you took after the crash. Look for clear images of the vehicle damage, the final positions of the cars, and the general area, like the street signs near the collision. These pictures create a visual timeline of what happened.
If you exchanged specific information with the other driver at the scene, keep it in a folder and make copies. This information is now vital for the insurance process. If you find gaps in your notes, some of these details will be available on the official police report.
Confirm you have the following from the other driver:
- Personal Information: Their full name and current address.
- Contact Information: Their phone number and email.
- License and Registration: Their driver’s license number and license plate number.
- Insurance Details: The name of their auto insurance company and the policy number.
If any witnesses stopped to help, their account of the accident provides an independent perspective. Add their names and contact information to your file. Compiling all these facts gives you a solid record for your claim.
The Insurance Claims Process
You must notify your insurance company about the accident. This action starts the claims process, which is the first step in a system with many rules and deadlines. The good news is that an attorney can manage this entire process for you, including the paperwork and communications.
New York’s No-Fault System
New York uses a no-fault insurance system. Your own Personal Injury Protection (PIP) coverage pays for your initial economic losses. This includes up to $50,000 for medical bills and lost wages, no matter who caused the crash.
You must apply for these no-fault benefits within 30 days of the accident. This deadline is firm, and missing it may jeopardize your benefits. No-fault insurance doesn’t pay for your vehicle damage or for your pain and suffering.
A lawyer can assist with the process, including finding avenues to seek compensation for all of your losses.
Negligence in a Car Accident Claim
Your lawyer must prove the other driver was negligent to recover compensation beyond your no-fault benefits. Negligence means the other driver acted carelessly or broke a safety rule. Their careless action must have directly caused the collision and your injuries.
Proving negligence involves showing four elements. First, your lawyer shows that the other driver had a duty to drive safely. Second, they show the other party failed in that duty, perhaps by speeding or texting.
Third, your attorney shows that their failure (to act carefully) caused the crash. Lastly, they have to prove that you suffered harm as a result.
Potential Compensation
A successful claim allows you to recover payment after a car accident for the various ways that it has harmed you. These payments are known as damages. A lawyer helps identify and calculate the full value of all your damages.
Common examples include:
- Medical Expenses: This covers the cost of all your past and future medical care, including hospital stays, surgeries, doctor visits, and physical therapy.
- Lost Income: This reimburses you for the wages and benefits you lost if you couldn’t work because of your injuries.
- Future Lost Earnings: If your injuries permanently affect your ability to earn a living, you may receive compensation for this diminished earning capacity.
- Property Damage: This compensation is for repairing or replacing your vehicle and any other personal items damaged in the crash.
- Pain and Suffering: This compensates you for the significant physical pain and emotional distress caused by the accident and your injuries.
- Loss of Enjoyment of Life: You may seek compensation if your injuries prevent you from participating in hobbies, activities, and life events you once enjoyed.
Legal Deadlines for Your Claim
The law sets strict time limits for filing a personal injury claim after a car accident. In New York, you typically have three years from the accident to file a lawsuit. This is the statute of limitations, but it has some exceptions. For example, it’s much shorter if a government agency is involved.
An accident with a city bus in Manhattan or a municipal truck near Eisenhower Park requires you to file a Notice of Claim within just 90 days. This is a trap that can prevent you from getting any compensation.
Your attorney is responsible for tracking and meeting every deadline. They manage the legal calendar for your case. This removes the risk of a simple mistake costing you your right to pursue a claim.
Common Pitfalls To Avoid When Filing a Car Accident Claim
The actions you take after a car accident have a major impact on your ability to recover fair compensation. Insurance companies aren’t on your side; they search for any reason to deny or reduce a claim.
Avoiding these common mistakes protects the value of your case and strengthens your position.
Discussing the Accident on Social Media
Insurance companies sometimes hire investigators to search your social media profiles. Don’t post any details about the accident, your injuries, or your recovery online.
Investigators look for anything they can use against you. Even a photo of you smiling at a family event might be used to argue you’re not in pain. A comment saying you are “feeling better” could be twisted to mean you have fully recovered.
Making an Official Statement
The at-fault driver’s insurance adjuster will contact you and ask for a recorded statement. You’re not obligated to provide one. Their goal is often to get you to say something that harms your claim.
Adjusters are skilled at asking questions designed to trip you up. They may ask you to speculate about the accident’s cause or describe your injuries in a way that minimizes them.
Politely decline their request and direct them to your attorney. Your lawyer will handle all communications.
Accepting a Quick Settlement Offer
Insurance companies often make a fast, low settlement offer shortly after a crash. They want to close your case for as little money as possible. This offer is almost always less than the true value of your claim.
Your injuries may take time to fully reveal themselves, and you might need future medical treatments or extended time off work that you don’t know about yet. Once you accept a settlement, you lose the right to ask for any more money, no matter what happens later.
Downplaying Your Pain or Injuries
Many people have a habit of saying “I’m fine” even when they’re not. This can seriously damage your claim. You must be completely honest with your doctors about every single symptom.
Your medical records are the most important evidence of your injuries. If you don’t report a pain to your doctor, it won’t be in your chart. From the insurance company’s perspective, if it’s not in your medical records, it didn’t happen.
Not Following Your Doctor’s Treatment Plan
Follow your doctor’s orders exactly as they are prescribed. This includes attending all physical therapy sessions, specialist appointments, and follow-up visits. Don’t stop treatment until your doctor releases you.
If you miss appointments or have large gaps in your treatment, the insurance company may argue that your injuries must not be that serious. They may also claim that some other event during that gap in care is what caused your current pain.
Consistent medical care creates a clear link between the accident and your injuries.
Failing To Document Your Expenses
You need a detailed record of every cost related to your accident. Keep a file with all of your medical bills, pharmacy receipts for medications, and proof of any out-of-pocket expenses. This includes costs for things like crutches or travel to medical appointments.
You must also track the time you miss from work. Keep copies of your pay stubs to show your rate of pay. Without documentation, it becomes your word against the insurance company’s, and they’ll fight to avoid paying for any undocumented losses.
How a Lawyer Helps With a Car Accident Claim
If you’re wondering what to do after a car accident, seek legal help. The legal process is complex, and dealing with insurance adjusters can be frustrating. A car accident lawyer manages the entire claims process, allowing you to focus on your recovery.
Investigating the Accident
An attorney conducts a thorough investigation by gathering evidence like the police report, witness statements, and photos from the scene. They may also work with accident reconstruction experts to build a strong case proving what happened.
They’ll use the evidence and information that you collected and weave it together with what they uncovered during the investigation to build a compelling case of negligence.
Calculating Your Damages
Your personal injury lawyer identifies all your losses from the accident. This includes medical expenses, lost income, and the cost to repair or replace your vehicle. They also calculate non-economic damages, such as pain and suffering.
Handling All Communications
An attorney communicates with the insurance companies on your behalf. They handle all the negotiations and paperwork, which shields you from the tactics of adjusters who may try to offer a quick, low settlement. They’ll use evidence to argue for a fair settlement to cover your losses.
Filing a Lawsuit
Most car accident claims settle out of court. However, if the insurance company refuses to offer a fair settlement, your lawyer can file a personal injury lawsuit. They represent you through every stage of litigation, including a trial if necessary.
FAQ for What To Do After a Car Accident
How Is Fault Decided in a New York Car Accident?
Fault is determined by evidence showing which driver acted negligently. Investigators and insurance companies review the police report, driver and witness statements, photos of the scene, and physical evidence like skid marks. They’ll also consider traffic laws, such as which driver had the right-of-way.
What Happens if the At-Fault Driver Has No Insurance?
You file a claim through the Uninsured Motorist (UM) coverage on your own auto policy. This coverage is mandatory in New York and is designed to pay for the injuries and losses caused by an uninsured driver. The process involves dealing with your own insurance company.
Can I Still Have a Claim if I Was Partially at Fault?
New York follows a pure comparative negligence rule, which means you can recover compensation even if you were partially to blame for the crash. However, your percentage of fault reduces your final compensation award.
How Do I Report a Car Accident in New York?
In New York, you must report any accident involving an injury or death to the police immediately. For any accident resulting in over $1,000 of property damage, you must file form MV-104 with the DMV within 10 days. You also need to report the accident to your own insurance company.
Why Do I Need an Attorney After a Car Accident?
If you’re unsure of what to do after a car accident, contact an attorney to learn about your options and next steps. A lawyer guides you through the complexities of your claim, from dealing with insurance adjusters to meeting legal deadlines. They protect your rights, build a strong evidence-backed claim, and negotiate for a fair settlement.
If an insurer refuses to play fair, your personal injury attorney can take your case to court.
What Is a No-Fault Claim, and How Does It Work in New York?
New York is a no-fault state, which means your own auto insurance policy covers your medical bills and lost wages up to $50,000, no matter who was at fault. You must file a claim for these Personal Injury Protection (PIP) benefits with your insurer within 30 days of the accident.
Take Control of Your Recovery
At Finz & Finz, P.C., we handle the fight while you heal. Our team understands what you’re up against, and we’re ready to stand up to the insurance companies for you.
If you were injured in a car accident in New York, call personal injury lawyer today at (516) 433-3000 for a free consultation.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
