If you are involved in a car accident in New York – do not panic and proceed with caution. The following tips on how to behave in a car accident will help you not to make the situation even worse, but it is recommended to seek legal help to deal with all the consequences of the accident.
So, you’ve been in an accident – what should you do?
First, you should pull over. New York State law establishes that a driver who is involved in an accident has a duty to stop for any degree of severity of the accident. If you do not wait to find out the circumstances and flee the scene of the accident, this action is considered a violation and will subject you to serious penalties.
After you are stopped, immediately report the collision to the New York State Police Department, or call 911. In the latter case, in addition to police officers, medical personnel may also be dispatched to you if there is reason to do so. It is worth noting that it is necessary to report the accident even if it was not a terrible crash, but a minor accident.
Examine yourself and your passengers for injuries. If you find that there are injuries, do not try to treat them yourself without medical training, and do not move the injured from place to place if their lives are not in danger.
Gather all the information from the accident scene that you can. This may include information:
- About the other driver (his or her name, date of birth, driver’s license and insurance policy information, phone number, medical condition, and more);
- The vehicle with which you had a collision (model, make, license plate number);
- about the weather and road conditions;
- other.
It is also very important to gather information about witnesses to the accident (their name, residential address, and phone number).
If possible, take as many photos as possible. This will help you and your attorney investigate the case.
Do not make hasty statements. They can be turned against you and cause additional hardship.
Report the accident to the insurance company you are listed with. It is advisable to do this as soon as possible.
Seek medical attention immediately after the accident. Some injuries may not be immediately apparent, so you should definitely consult a doctor, and all treatment should be documented. This will help you, your lawyer, and your insurance company when reimbursing your insurance.
If the damage to one of the drivers exceeds one thousand dollars, or if someone was seriously injured or killed, file a report with the Department of Motor Vehicles within 10 days. Do not delay or violate the filing deadline.
You are not from America
Have you come to New York State from out of state and been in a car accident? Not sure what to do? In addition to the tips above, there is also a little clarification on what to do for immigrants after an accident.
If you received your driver’s license in the United States, there is no reason to worry about being an immigrant. You will be subject to all the same laws that apply to all American citizens. It will be natural to comply with all your obligations in the state you are in. In the same case, if your driver’s license is not issued in the US (and not in Canada), then further clarification depends on whether or not you are a US resident. If so, driving without a license from that country is illegal and can be a serious offense. If you are not a U.S. resident, you can drive with just your country’s license, although getting an international license would not hurt.
It is worth noting that in any case, it is recommended to seek legal assistance and not try to solve everything on your own when you get into a car accident in New York.
New York acts as one of the states with no-fault auto insurance. This means that the driver is required to have an insurance policy, and compensation after the accident will be made even if he himself is at fault for the accident.
So what should you do if you are involved in an accident without insurance?
Always remember that driving without car insurance in New York State is illegal. Try to avoid it. However, if you are involved in an accident and you don’t have insurance (or you don’t have insurance), you may be subject to the following penalties:
- A fine of up to $1,500;
- Up to 15 days in jail;
- Suspension or revocation of your driver’s license;
- Forfeiture of the vehicle;
- A record that you were involved in an accident without having auto insurance;
- Requirement to obtain an insurance policy until your driver’s license is reinstated.
An accident without insurance in this case carries some of the highest fines in the country.
No matter how well you drive your car and how confident you feel on the road, no one can guarantee that you won’t be hit by someone less attentive. And if you don’t have auto insurance at that point, the person who caused the accident may be in a much better position than you are.
The accident and its consequences on you in this case will only be covered from your personal pocket. At the same time, the other driver who was at fault in the accident will be able to get reimbursed under their insurance policy.
However, every accident is different, and you may still be able to get a refund for the money you spent to repair your car or to treat your injuries. This is possible if:
- You were injured because of a large truck or because of a commercial company vehicle. Compensation is available even if you don’t have insurance.
- You were seriously injured in the accident. You can seek compensation from the person responsible for the accident and their insurance company, bypassing the requirements of mandatory auto insurance on the road.
- The accident was caused by a third party (such as a car assembly company or someone obstructing traffic). You can claim compensation from them.
There is also the option of you being injured in an accident between a car and a motorcycle/bicycle, but neither party involved in the collision has an insurance policy. In this situation, you have the right to file a claim for money from the New York Auto Accident Corporation. However, the requirements of this corporation are quite complex, so be sure to consult with an experienced attorney to see if your situation is appropriate for you to file a claim.
Of course, these are just some examples of traffic accidents where you may be entitled to compensation even without an insurance policy. Either way, it’s always a good idea to seek legal help so you don’t end up losing out when you can avoid it.
When you are the cause of an accident, you may be considerably lucky if the injured driver’s insurance coverage is large enough to reimburse him or her for all damages. Otherwise, you will be required to cover their damages yourself. Especially if the injured party sues you individually. You are also personally liable for damages to other parties’ property.
The injured party, under any circumstances, can claim monetary compensation from you. It depends on the personal decision and condition of the injured party. Of course, there is a good chance that the other driver will demand compensation especially if he or she notices your considerable financial condition.
It will be in your best interest to resolve the case through amicable negotiation. A lawyer working for you can make a significant contribution to settling the case.
Equally important are the consequences for a driver who is involved in a car accident while intoxicated.
So, you were involved in a drunk driving accident – what’s next?
- For drunk drivers, there may be claims for damages. In many car accidents, a drunk driver may be at fault, even if he or she was not actually at fault. His fault is driving under the influence of alcohol.
- Two types of cases can be filed against you: criminal and civil. They may overlap and coincide with each other.
- Accident charges can also be filed against third parties. For example, the owner of the bar that sold you alcohol, or your employer.
- The insurance company may try to deny you damages, so you will need a good lawyer to handle this issue.
- You may be subject to penalties in the form of fines.
Whether you are at fault or not, it is advisable to seek legal help when you are involved in a car accident in New York to avoid negative consequences.
What New York car accident benefits you are entitled to
After you’ve been in an accident, you’re bound to wonder what your car accident benefits are in New York, how you can get them, and how much money you can expect to receive. Learn more about all of this below.
There are four types of compensation available for damages. These are benefits that cover:
- Medical rehabilitation;
- Loss of wages;
- payment of moral damages in a car accident;
- Losses due to payment of fines.
If you have been involved in a car accident with injuries, you may be eligible for personal injury compensation from a negligent driver. Otherwise, the law in New York State also provides for moral damages in a car accident.
Insurance benefits may not always cover all of your expenses, and under New York law, you can only sue the at-fault driver if you have suffered serious and/or irreparable injuries. Serious injuries can automatically be considered fractures, soft tissue contusions, miscarriages, and more.
When you are considering seeking damages from the at-fault party, you should understand that New York State law provides a statute of limitations for filing a claim.
Also, New York has a comparative fault rule. This option works when both parties are at fault in a car accident. The jury looks at each party’s degree of fault and divides the payment of damages according to the percentage of fault and degree of damage. That is, the injured party’s percentage of compensation is reduced by the percentage that is equal to his or her share of fault. It’s not so terrible when you’re only 10 percent at fault for the accident. Then, too, only 10 percent will be deducted from your compensation. However, if you are 80-90% at fault for the accident, the amount of the remaining compensation will not make you happy.
How do I get compensation after a car accident?
When you’ve been in an accident with (or without) injuries, you should contact your insurance company as soon as possible to request coverage for treatment and repair. Often, insurance companies try to reduce the payments to accident victims, so it is recommended that you deal with this company through an attorney right away.
If the lawyer and the insurance company will not come to an amicable settlement, the case may be sent to court. But often it does not come to court. The main thing is not to try to solve everything on your own without showing the amicable agreement to your lawyer. In most cases, once the agreement is signed, it can no longer be renegotiated.
Amount of benefits
The amount of compensation for a car accident in New York City does not have a set limit. Insurance companies can pay for minor injuries, medical bills, and lost wages up to $50,000 (regardless of who caused the accident). This payment is guaranteed by compulsory automobile insurance.
When it comes to compensation for a driver or passenger injured in an accident – the amount is of no maximum importance. There are known cases when the injured people got from 11 thousand to 2.7 million dollars. In order to find out the amount of payments you are entitled to, you will need advice from a law firm, such as thenunezlawfirm.com.
Timing of Payments in New York
The timing of your compensation depends directly on when you contacted your insurance company or filed a claim against the at-fault driver. It is known that the law of the state of New York has a certain limited time during which the injured person can file a claim for compensation, namely within 3 years. Further time to obtain compensation depends on the progress of your case and is decided on a case by case basis.
Because of the 3-year limit, it is extremely important to seek medical attention right away to accurately document any injuries sustained after an accident in New York.