December 3, 2024 Car accidents can happen to anyone, at any time. Whether you’re driving through the busy streets of Manhattan or on a quiet road upstate, an accident can occur when you least expect it. In New York State, factors like heavy traffic, unpredictable weather, and varying road conditions increase the likelihood of accidents.
If you’ve been involved in a motor vehicle accident, it’s important that you understand the correct steps to take to ensure that your rights are protected. To help you effectively navigate the aftermath of a car accident, here are the 8 steps that are essential for you to take.
1. STAY CALM AND ASSESS THE SITUATION
The moments immediately following a car accident can be disorienting and stressful. However, staying calm is an important step in ensuring that everyone involved is safe and that all of the information you need to pursue a claim for damages or injuries is collected.
Check for Injuries
First, check yourself and your passengers for any injuries. If anyone is hurt, call 911 immediately. Even if you don’t feel injured, it’s important to remember that some injuries might not show up until hours or days later.
Move to a Safe Location
If the vehicle is still operational and it is safe to do so, move your car to the side of the road to avoid further hazards and prevent blocking traffic. Turn on your hazard lights to warn other drivers.
2. REPORT THE CAR ACCIDENT TO PROPER AUTHORITIES
Regardless of the accident’s severity, notifying the police is important. In New York State, the law requires that any accident that results in injury, death, or significant property damage is reported.
Call 911
When you call 911, inform the dispatcher of the accident’s location and any injuries that may have occurred. The police will come to the scene, document the incident, and prepare a police report. Calling the police ensures that there is an official record of the accident, which creates essential documentation for your case. This provides evidence and ensures that responsible parties are aware of the incident, preventing any disputes over the facts later on.
Exchange Information
While waiting for the police to arrive, exchange relevant information with the other driver. Under New York law, drivers are required to exchange:
- Full name and address
- Driver’s license number
- Vehicle registration number
- Insurance company name and policy number
Make sure you also document the make, model, and color of the other vehicle. If there are any witnesses, ask for their contact information as well.
3. DOCUMENT THE SCENE
The more information you can gather at the scene, the better prepared you will be when filing insurance claims or pursuing legal action. Proper documentation helps establish the facts of the accident, which is important if the other driver disputes responsibility.
Take Photos and Videos
Using your phone to document the scene can help to solidify your claim with insurance. Take clear pictures of:
- All vehicles involved (including damage)
- Road conditions
- Traffic signs or signals
- Any visible injuries
- Skid marks or debris
Talk to Witnesses
If there are any witnesses, collect their information and provide it to the insurance company when you report the accident. Their account of the incident could provide additional perspectives and help clarify details that might be in dispute.
4. SEEK MEDICAL ATTENTION
Even if you don’t feel injured at the time, it is important to see a doctor after a car accident. Injuries like whiplash, internal bleeding, or concussions might not show symptoms right away but can have long-term effects.
Get Checked by a Doctor
Make an appointment with a healthcare professional for a full examination as soon as possible. If emergency medical services are on-site, allow them to evaluate your condition. Having a medical record of your injuries is important for your insurance claim and any potential personal injury lawsuit.
Follow the Doctor’s Treatment Plan
If you are diagnosed with any injuries, follow the prescribed treatment plan carefully. Document any follow-up visits, medical prescriptions, or physical therapy sessions. This information may be needed when filing insurance claims or proving damages in legal proceedings.
5. NOTIFY YOUR INSURANCE COMPANY
New York operates under a “no-fault” insurance system. This means that your own insurance company will pay for medical bills, lost wages, and other expenses related to the accident, regardless of who was at fault. However, it’s important to notify your insurer as soon as possible to begin the claims process.
Report the Accident as Soon as Possible
Notify your insurance company about the accident as soon as you are able, but no later than 30 days from the date of the incident. Under New York’s no-fault system, filing your claim within this timeline is important for securing compensation. Failing to report the accident within this timeframe could result in claim denial and loss of access to your no-fault benefits.
Provide Accurate Information
When you contact your insurance company, provide them with a detailed account of the accident, including the police report number and the contact details of the other driver(s). Be honest and thorough when describing the accident, as inaccuracies or omissions could lead to complications down the road.
6. UNDERSTAND NEW YORK’S NO-FAULT INSURANCE LAW
In New York, no-fault insurance coverage will pay for your medical expenses and lost wages, up to the limits of your policy. This system exists to expedite claims and reduce the need for lawsuits in minor accidents. However, if your injuries are more severe, you may be able to pursue additional compensation beyond your no-fault coverage.
File a No-Fault Insurance Claim
Submit your no-fault insurance claim as soon as possible to your insurer. This will cover expenses such as:
- Medical bills
- Lost wages
- Prescription costs
- Necessary medical equipment
- Rehabilitation fees
7. FOLLOW UP ON YOUR INSURANCE CLAIM
Once your claim is submitted, it’s important to stay proactive to ensure everything is processed correctly.
Monitor the Progress
Stay in touch with your insurance adjuster and respond promptly to any requests for additional documentation. This ensures that your claim remains on track and that there are no unnecessary delays.
Review Settlement Offers Carefully
If your insurer offers a settlement, review the offer carefully. Depending on the extent of your injuries or damage, you may want to consult an attorney to ensure that the settlement covers all of your losses.
8. CONSIDER TAKING LEGAL ACTION
Although no-fault insurance covers many expenses, you may still have a case for a personal injury lawsuit if you sustain serious injuries or if there’s a dispute about who is at fault. In these situations, consulting with an experienced car accident lawyer is highly recommended.
Assessing Fault and Liability
Even in a no-fault system, if another party is found to be entirely at fault, you may be able to sue for pain and suffering, additional medical costs, and other damages. An experienced personal injury attorney can help assess the situation and advise you on your best course of action.
Negotiation Skills
A skilled attorney has the negotiation experience needed to work with insurance companies and secure fair compensation for your claim. They will advocate for you by presenting evidence, detailing the full extent of your injuries, and fighting for a settlement that reflects the true value of your case.
Trial Experience
If a fair settlement can’t be reached, having an attorney with trial experience is important. A lawyer with courtroom experience can present your case effectively to a judge or jury, fighting for the compensation you deserve. They know how to build a strong case, present compelling evidence, and cross-examine witnesses to ensure your side is fully represented.
Car Crash? Contact Cellino Law
If you’ve been injured in a car accident, you don’t have to face the aftermath alone. At Cellino Law, our experienced attorneys are here to help you secure the compensation you deserve. We’ll guide you through the legal process and advocate for you every step of the way.
For a free consultation, call us at 888-888-8888. Let Cellino Law help you get the justice you deserve.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.