Car accidents can be incredibly stressful and confusing. Knowing what steps to take immediately after an accident can help you stay calm and ensure that you handle the situation properly. This guide outlines the necessary actions to take after a car accident in New York State to protect your rights and interests.
Ensure Safety and Seek Medical Attention
The first and foremost priority after any car accident is safety. Immediately check yourself and your passengers for any injuries. If anyone is hurt, call 911 right away to request medical assistance. Even if injuries appear to be minor, it is important to get them checked by a healthcare professional as some injuries may not be immediately obvious.
Move to a Safe Location
If the vehicles involved in the accident are drivable and it is safe to do so, move them to the side of the road to avoid obstructing traffic and reduce the risk of further collisions. Turn on your hazard lights to alert other drivers. If the vehicles cannot be moved, everyone should remain inside the vehicles with seatbelts fastened until help arrives.
Contact the Police
In New York, you are required to report any accident that results in injury, death, or significant property damage (over $1,000) to the police. Call the local police department, the sheriff’s office, or the New York State Police, depending on where the accident occurred. When the police arrive, provide them with accurate information about what happened. Request a copy of the police report, as it will be crucial for your insurance claim and any potential legal actions.
Exchange Information with Other Parties
While waiting for the police to arrive, exchange information with the other driver(s) involved in the accident. The necessary information includes names and contact details, driver’s license numbers, license plate numbers, insurance companies and policy numbers, and vehicle make, model, and color. It is also helpful to note the location of the accident and any relevant details about the other vehicle(s).
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Document the Scene
Gathering evidence at the scene can be incredibly useful for your insurance claim and any legal proceedings. Use your phone to take photos and videos of the damage to all vehicles involved, any visible injuries, the overall scene including traffic signals, signs, and road conditions, skid marks, and any debris. If there are any witnesses to the accident, try to get their contact information and a brief statement of what they saw. This information can be valuable in determining fault and supporting your version of events.
Notify Your Insurance Company
As soon as possible after the accident, contact your insurance company to report the incident. Provide them with all the relevant information, including the police report number, names and contact details of the other parties, and any photographic evidence you have gathered. Be honest and detailed in your account of what happened, but avoid admitting fault or making statements that could be interpreted as accepting blame.
Keep Records
Maintain a detailed record of everything related to the accident. This should include medical reports and bills, repair estimates and receipts, correspondence with your insurance company, and any other documents that may be relevant to your case. Keeping an organized file will make it easier to manage your claim and any legal actions that may arise.
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Understand Your Rights
In New York, you have the right to seek compensation for damages and injuries resulting from a car accident. This can include medical expenses, lost wages, property damage, and pain and suffering. New York follows a no-fault insurance system, which means that your own insurance company will cover your medical expenses and lost wages up to a certain limit, regardless of who was at fault for the accident. However, if your injuries are severe or your expenses exceed the no-fault limit, you may be able to file a personal injury lawsuit against the at-fault driver.
Consult with a Legal Professional
Navigating the aftermath of a car accident can be complex, especially when it comes to dealing with insurance companies and understanding your legal rights. Consulting with a legal professional who has experience in car accident cases can provide you with the guidance and support you need to ensure that your interests are protected. They can help you understand your options, negotiate with insurance companies, and represent you in court if necessary.
Be Cautious with Insurance Adjusters
After an accident, you may be contacted by insurance adjusters from the other party’s insurance company. Be cautious when speaking with them. Their primary goal is to minimize the payout from their company, so they may try to get you to admit fault or downplay your injuries. It is advisable to have a legal professional handle communications with insurance adjusters to avoid inadvertently compromising your claim.
Follow Up on Medical Treatment
Even if you do not feel seriously injured immediately after the accident, it is crucial to follow up with your healthcare provider. Some injuries, such as whiplash or concussions, may not show symptoms right away. Document all medical treatments, follow-up visits, and any prescribed therapies. This documentation will be important for your insurance claim and any potential legal action.
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Be Aware of the Statute of Limitations
In New York, there are time limits for filing a lawsuit related to a car accident. For personal injury claims, you generally have three years from the date of the accident to file a lawsuit. For property damage claims, the time limit is typically three years as well. However, there are exceptions and variations depending on the specifics of your case, so it is important to act promptly and seek legal advice to ensure you do not miss any critical deadlines.
Understand Comparative Negligence
New York State follows the principle of comparative negligence, which means that fault can be shared between parties involved in an accident. If you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you are awarded $10,000 in damages but are found to be 20% at fault, your compensation would be reduced to $8,000. Understanding this principle is important when negotiating settlements and assessing your case.
Take Care of Your Mental Health
Car accidents can be traumatic experiences that affect your mental and emotional well-being. It is important to take care of your mental health in the aftermath of an accident. Seek support from friends, family, or a mental health professional if you are experiencing anxiety, depression, or post-traumatic stress. Taking care of your mental health is just as important as addressing physical injuries.
Plan for the Future
Once you have addressed the immediate aftermath of the accident, take some time to plan for the future. Review your insurance policy to ensure you have adequate coverage. Consider taking a defensive driving course to improve your driving skills and reduce the risk of future accidents. Reflect on the experience and think about any changes you might want to make to your driving habits or vehicle maintenance routine to enhance your safety on the road.
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If you have been involved in a car accident in New York State, taking the right steps immediately afterward can make a significant difference in the outcome of your case. From ensuring safety and seeking medical attention to understanding your rights and consulting with a legal professional, each step is crucial in protecting your interests and securing the compensation you deserve.
Andrews, Bernstein & Maranto, PLLC is here to support you through this challenging time. Our dedicated team is committed to helping you navigate the legal complexities of your car accident case. Contact us today for a consultation and let us help you get the justice and compensation you deserve.