NEW YORK MOTOR VEHICLE ACCIDENTS
10 THINGS TO KNOW
1. CALL THE POLICE:
By calling the police (911), you allow a police officer to investigate the scene of the accident, identify the other vehicle's owner and operator, take witness information and statements and do a reconstruction, if necessary. The police officer will generally prepare a document called a "police accident report," which you or your attorney can obtain for a fee of $10.00. The report is generally available within 2 or 3 days.
2. COMMUNICATE YOUR VERSION OF THE ACCIDENT:
The police report is one of the most critical pieces of evidence in an automobile accident case. As such, it is extremely important that you communicate your version of the accident to the police officer to ensure that your side of the story is written into the police report. To the extent that any witnesses are present who agree with your version of the accident, it is important to make sure that the police officers note the name of the witness and his or her phone number in the police report. You should also take the names and phone numbers of any such witnesses just in case the police officer fails to note them in the police report.
3. BE CAREFUL WHO YOU TALK TO:
Insurance companies often have adjusters contact individuals who have been injured in motor vehicle accidents that were caused by the negligence of their insureds. Before you have an attorney, an adjuster may request that you provide either a recorded statement or a written statement detailing your account of the accident and/or your injuries. You are not obligated to give such statements to the other party's insurance company and such statements can be used against you at a later time during the litigation.
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4. BE CAREFUL WHAT YOU SIGN:
Insurance companies will sometimes ask you to sign a form called a "general release" in connection with a motor vehicle accident before you have an attorney. Signing a general release can have the effect of releasing the other party and their insurance company from any and all claims which you may have relating to the accident, whether personal injury and/or property damage. You should always have an attorney review a general release before signing.
5. TAKE PHOTOGRAPHS:
If you are injured in a motor vehicle accident, you should always take photographs depicting the damage to your vehicle before it is repaired. If you subsequently decide to pursue a personal injury claim at a later time, you will have obtained key evidence for your attorney in the prosecution of your case.
6. THE STATUTE OF LIMITATIONS:
An injured party generally has three years from the date of a motor vehicle accident to commence a lawsuit sounding in negligence. However, it is important to note that numerous exceptions to this general rule do exist. For example, in an accident involving a city-owned vehicle, a Notice of Claim must be filed with the City within 90 days of the date of the accident and a lawsuit must be thereafter filed with the Court within 1 year and 90 days of the accident date. The failure to make these filings timely can serve to prevent you from ever bringing a claim with respect to a particular accident. Many other exceptions to the general statute of limitations do exist, and as such, it is advisable that you contact an attorney in order to ensure the timely filing of your case.
7. PROPERTY DAMAGE:
If your motor vehicle has sustained significant property damage as a result of an accident, you often have two choices as to how to proceed. If you have "collision" coverage on your policy, you can file a claim with your own insurance carrier, have them estimate the cost of the repairs and pay for those repairs minus any deductible you might have. The other option, or the only option if you don’t have collision coverage on your policy, is to contact the other vehicle's insurance carrier or have an attorney contact them on your behalf. n that instance, the other insurance carrier will have the repair cost estimated and will make a determination as to the percentage of fault of their insured in causing the accident. The amount of an offer will depend upon their findings in this regard. If an accident was clearly the other party's fault (such as if another vehicle struck yours in the rear), going through the other party's insurance carrier will generally be an easier road and will avoid you having to pay, at least initially, a deductible.
8. NO FAULT:
Every motor vehicle insurance policy in the State of New York includes coverage under a section called No Fault. The No Fault law requires insurance carriers to pay up to $50,000 in medical bills and expenses incurred due to injuries which you have sustained in a motor vehicle accident and 80% of lost wages up to $2,000 per month. The insurance company responsible for paying these No Fault benefits is the vehicle that you are in at the time of the incident, regardless of fault. If you are a pedestrian, the offending vehicle's insurance carrier is responsible for No Fault benefits. There are strict time limitations within which you may apply for No Fault benefits. Generally, a completed No Fault application must be submitted to the insurance carrier within thirty days of the accident. The failure to do so can jeopardize your rightful No Fault benefits.
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9. UNINSURED/UNDERINSURED MOTORIST COVERAGE:
For such a critical portion of an insurance policy, it is surprising that most policyholders don't know or fully understand what uninsured and underinsured motorist coverage is. While the liability coverage portion of your policy will pay money to another person who has been injured due to your negligence, uninsured and underinsured coverage protects you in cases where you have been injured. Uninsured coverage will apply in situations in which you were involved in an accident with an unidentified vehicle or uninsured vehicle and will provide coverage up to the limits that you carry on the uninsured motorist portion of your policy. Underinsured coverage applies in situations where the offending vehicle has liability insurance coverage, but has policy limits that are insufficient to compensate you appropriately for your injuries and which are less than the underinsured limits on your policy. In this situation, you can make a claim against your own insurance company after receiving an offer of the full policy limit from the offending vehicle for the difference. There are strict time limits involved in such a claim, and as such, it is strongly recommended that you contact an attorney in order that you may be fully advised of your rights.
10. HIRE AN EXPERIENCED TRIAL ATTORNEY
Seeger Weiss LLP is a nationally recognized firm dedicated to the representation of injured individuals. Our vast experience in prosecuting personal injury claims allows our clients to concentrate on that which is most important - their recovery. Our dedication to our client's cause and our aggressive prosecution of each and every case ensures that our clients receive the fair and just compensation for their injuries that they deserve. We are committed to making a difference.
SEEGER WEISS LLP
"Fighting for the rights of accident victims"
One William Street
New York, New York 10004
(212) 584-0700
www.seegerweiss.com
Link To Lawyer Seek's NY Car Accidents Content:
<a href='http://www.lawyerseek.com/Practice/Resources-C23/NY-Car-Accident-Guide-P123/'>NY Car Accidents: Lawyer Seek</a> |
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