Getting into a car crash, regardless of severity, can be anxiety-inducing and leave those involved with more questions than answers—so much so that crucial parts of the process may go overlooked. Whether you’re a passenger or driver, there are certain things you may need to remember when looking to pursue a car accident claim. Read on to learn the top five things you must know.
After a collision, time is of the essence. Those involved must meet many important deadlines for their case to be viable. The first is usually related to filing a police report—under New York law, individuals have up to 10 days to do this after the accident. However, this is usually best done at the scene of the crash with a police officer.
Additionally, many insurance companies require that their customers give notice of an accident within a specific time frame—usually between 30 and 90 days. If you wait too long to notify your insurer of the accident, they may deny your claim entirely.
Your priority after a crash should be getting the care you need. That’s why it’s essential to seek medical attention as soon as possible—even if you don’t think you’ve been seriously injured. Soft tissue injuries like strains and sprains, concussions, and other types of trauma may not show symptoms immediately.
It’s also important to remember that if you wait too long to seek medical attention, an insurance adjuster may claim that your injuries are not related to the accident. For your best chance at a successful claim, seek medical attention and document any injuries or treatments that may be required.
To win a car accident case, you must prove that the other driver was negligent. To do so, you will need to show that the other driver owed you a duty of care, breached that duty, and, as a result, caused your injuries.
Often, proving negligence can be difficult, so it’s crucial to have an experienced car accident lawyer on your side. They will be able to help you gather evidence, interview witnesses, and build a strong case against the negligent driver. If you try to handle your claim independently, you may end up with much less than you deserve.
The statute of limitations for car accident cases in New York is three years. This means that you have three years from the date of your accident to file a personal injury lawsuit. By waiting too long, the court will most likely dismiss your case.
If an individual in the crash has suffered fatal injuries, their loved ones or personal representatives have to file a wrongful death claim within two years from the date of death.
If you’ve been involved in a car accident, it’s important to contact an experienced attorney as soon as possible. An attorney can help you navigate the legal process, gather evidence, and build a strong case against the negligent driver. They will also be able to communicate with insurance companies on your behalf to ensure that information is not misrepresented and you obtain the deserved compensation.
The skilled attorneys at Richmond Vona, LLC have over 25 years of experience helping car accident victims in Western New York recover compensation for their injuries. With over $150 million in recoveries for clients, trust that your case will be handled efficiently and effectively.
Contact our office to schedule a free consultation today.