Following New York car accident timelines for reporting a crash and pursuing compensation can bolster your insurance claim or lawsuit. Missing these deadlines could limit your ability to recover compensation for medical bills, lost wages, and other damages.
When someone else’s actions caused your car accident, you can seek damages above those provided by your insurance. Reach out to the experienced car accident lawyers at Richmond Vona so we can discuss your case and your compensation options.
Immediate Steps at the Accident Scene
It isn’t always easy to stay calm after a crash, but doing so can help you remember what to do after a car accident. Immediate steps to take after an accident include:
- Calling 911 to report your accident and protect your and others’ health. Under New York law, you must contact the police if there is an injury or death, if you hit a domestic animal, or if there is property damage and you can’t find the owner. Even when not required by law, call 911 if you intend to file an insurance claim.
- Exchanging information with the other driver, including your license, insurance, and vehicle registration details. If the other driver appears intoxicated or aggressive, wait for the police to arrive to facilitate the exchange.
- Documenting what happened. Take photos and video of the accident scene, vehicles, skid marks, and any road conditions or hazards that may have contributed to your crash. Gather witness contact information and get details of what they saw and heard.
Don’t worry if you can’t collect all the necessary evidence. The most important things to prioritize include your well-being and ensuring the crash is properly reported and documented. The sooner you contact a trusted car accident lawyer, the better your chances of building a strong case and recovering compensation for your damages.
Seek Medical Attention
Even if you think your injuries aren’t serious, still see your doctor immediately—ideally within 72 hours—after a crash. Shock and adrenaline can mask symptoms, or you may have an injury, such as whiplash or internal bleeding, that doesn’t present immediately. These injuries can lead to long-term health problems if left untreated.
If you delay seeking treatment or miss appointments, an insurance company may argue that your injuries aren’t serious or weren’t caused by the crash, which they can use to deny or reduce your claim. Getting immediate care not only protects your health, it also protects your right to compensation.
Insurance companies rely heavily on documentation when evaluating claims. For that reason, medical records are crucial for injury claims. They show the extent of your injuries and tie them to your accident, and provide proof that you kept up with your treatment.
We know that not everyone seeks care right away after an accident. Even if you failed to seek medical attention immediately, contact our skilled personal injury attorneys so we can advise you of your options.
Reach Out to Our Car Accident Lawyers
Contact our knowledgeable New York car crash lawyers as soon as possible so we can help you take the proper legal steps after a wreck. Making mistakes early in a case can lead to negligent drivers escaping accountability and insurance companies denying the compensation you deserve.
For example, an adjuster may trick you into accepting fault if you talk to the other party’s insurance company without legal representation. They may also tell you that a quick settlement is in your best interest before you even know the full extent of your damages.
Do not fall for these tactics. Contact our trusted New York accident lawyers and avoid getting stuck with unpaid bills and damages.
File an Accident Report
In some states, calling 911 is enough to meet accident reporting requirements. That is not the case in New York, where you must also report your accident to the Department of Motor Vehicles (DMV) within 10 days if any of the following are true:
- Someone was injured or killed
- Property damage to one person, including yourself, exceeds $1,000
For accidents in New York State, there are answers to key questions and other pieces of information on the reporting form. The form includes a warning that failure to file the form on time is a misdemeanor, and your license and registration may be suspended if you fail to do so.
Preserve Evidence
Collecting and preserving evidence after a car accident is crucial for building a strong claim. Make copies of and keep evidence, including:
- Dashcam footage
- Evidence you collected at the scene
- Medical records and bills
- Police reports
- Correspondence from insurance companies
- A journal with pain levels and other impacts of your crash that affected your home and work life
Our dedicated attorneys can assist you and collect evidence the other party holds, such as black box data, if your accident was with a truck. We also have a trusted network of local experts we call on for accident reconstructions and medical testimony when necessary.
Notify Your Insurance Company
New York is a no-fault insurance state and requires you to have personal injury protection for your medical expenses and lost wages. Under New York law, you must file a PIP claim within 30 days. If you file late, the insurance company may deny your claim.
There are additional deadlines related to PIP. For example, you must submit evidence of medical expenses within 45 days of treatment and lost wage claims within 90 days of missed work. Your health care provider may submit documents for you, but follow up to verify.
Claims Against a Government Entity
The deadlines for filing a claim can be confusing. Understanding the unique timeline for your case is crucial to preserving your right to compensation. For example, in an accident involving a government worker or vehicle, you must file an initial notice of claim within 90 days.
If the government does not respond or its settlement offer is unfair, you have one year and 90 days from the crash date to file a lawsuit.
File a Personal Injury Lawsuit
New York’s personal injury statute of limitations gives you three years from the accident date to file a lawsuit. If you miss this deadline, you likely give up your right to sue, regardless of how strong your claim is. There are some exceptions to the statute of limitations, but there is no guarantee a judge will grant you more time.
In New York, you can only file a personal injury lawsuit following a motor vehicle accident if you have a serious injury or basic economic losses exceeding $50,000. Basic economic losses include medical bills, lost wages, and reasonable expenses.
Contact our accomplished car accident attorneys so we can begin investigating your claim and ensuring that any paperwork is filed on time.
File a Claim for Property Damage
New York requires drivers to have a minimum of $10,000 in property damage coverage as part of their minimum liability insurance. This is often not enough for damages in a serious crash, and if you don’t have optional collision coverage to pay for the rest, you may file a lawsuit.
The same law that dictates the personal injury statute of limitations also gives you three years from the accident date to make a property damage claim.
Wrongful Death Claims
If your loved one died in a car accident that was someone else’s fault, you have two years from the date of death to file a lawsuit.
If there is a criminal action against the defendant for the same incident, you have one year from the end of that criminal action to file a wrongful death claim. This may apply, for example, if a drunk driver killed your loved one.
If You Have Questions About Timelines After a Car Accident, Contact Us Today
The time after a car accident can be painful and confusing, and trying to keep track of New York car accident timelines only adds to your burdens. You don’t have to go it alone.
Our award-winning car accident attorneys have over 20 years of combined personal injury experience and can assist you in taking the proper steps after a car accident in New York. We offer fully personalized legal representation focused on pursuing the best results possible on your behalf.
When the unexpected happens, expect that Richmond Vona is here to help. Call us today at 716-500-5678 or complete our online contact form to start your free case evaluation.
