Your actions after a car accident can greatly affect your ability to get fair compensation for your damages. You’ll be dealing with insurance companies that want to pay out as little as possible. They’ll take advantage of any misstep on your part to minimize your compensation, so it pays to be strategic.
What Should You Do After a New York Car Accident?
The immediate aftermath of a New York car accident can be a whirlwind, but try to stay calm and take the following steps:
- Call the police, even if the damage seems minor. The police report will be crucial evidence for your insurance claim.
- Exchange information with the other driver, including insurance details. Ask to see a copy of their insurance card or policy documents so you can verify the information.
- Document the accident scene. Take photos of all property damage, injuries, and contributing factors, such as road and weather conditions.
- Collect witness information, including names, contact information, and statements.
- Seek medical attention, even if you don’t feel injured. Some injuries may not show symptoms right away. Prompt medical care can prove a direct link between the accident and your injuries.
- Notify your insurance company about the accident. Provide only basic details, such as when the accident occurred and who was involved, before consulting with an attorney.
- Contact a personal injury attorney. Going without legal representation can also leave you vulnerable to insurance company tactics to deny or reduce the compensation you deserve.
Things You Should Not Do After a Car Accident
What you do is just as important as what you don’t do after a car accident in New York. Avoid these common mistakes that could jeopardize your claim:
- Don’t admit fault for the accident, directly or indirectly, even if you are partially at fault. The insurance company may view statements like “I’m sorry” or “I didn’t see them” as an admission of fault.
- Don’t leave the accident scene. New York car accident laws require you to stay at the scene and exchange information with the other driver. Leaving could damage your ability to recover compensation, even if someone else caused the accident.
- Don’t share details about the accident or its aftermath on social media. This includes updates about your health or activities that could suggest you’re not as injured as you claim. The insurance company may monitor your social media for evidence it can use against you.
- Don’t skip medical attention. If you’re injured but delay seeking medical care, the insurance company may argue that your injuries didn’t result from the accident.
- Don’t forget to gather evidence. You only have one shot to document the scene in the immediate aftermath of the accident, and missing it could leave gaps in your claim.
Do's and Don'ts After a Car Accident in New York
| Do's | Don'ts |
|---|---|
| Call the police, even if the damage seems minor. | Don’t apologize or admit fault for the accident, even if you are partially at fault.. |
| Exchange information with the other driver, including insurance details. | Don’t leave the accident scene. |
| Document the accident scene: take photos of property damage, injuries, and contributing factors. | Don’t share details about the accident or its aftermath on social media. |
| Collect witness information, including names, contact information, and statements. | Don’t forget to gather evidence. |
| Seek medical attention, even if you don’t feel injured. | Don’t skip medical attention. |
| Notify your own insurance company. | Don’t talk to opposing insurers or give a recorded statement. |
| Call a personal injury attorney. | Don’t sign a settlement without review |
How New York No-Fault Insurance Affects Your Car Accident Claim
New York is a no-fault insurance state. Under this system, all drivers must carry personal injury protection (PIP) coverage. PIP coverage pays for medical expenses, lost earnings, and certain other economic losses, no matter who’s at fault for the accident.
If you’re injured in a car accident in New York, you will file a claim with your own insurance company for PIP benefits. The minimum amount of PIP required by law in New York is $50,000 to cover basic economic losses. You can purchase higher non-mandatory coverage.
If your economic losses exceed $50,000 or you suffered a “serious injury,” you may be eligible to seek compensation for your remaining damages through the at-fault driver’s liability insurance or a lawsuit. Under New York law, serious injuries include death, dismemberment, bone fractures, permanent disabilities, loss of a fetus, and other significant bodily harm.
Keep in mind that the no-fault system only applies to personal injury claims. You can pursue a claim for property damage against the at-fault driver’s liability insurance without having to file a PIP claim.
How Long Do You Have To Report an Accident in New York?
If the accident caused more than $1,000 of property damage, you must file an accident report with the Department of Motor Vehicles within ten days of the crash. You may temporarily lose your driver’s license if you fail to report the accident by the deadline.
There are also instances where you must immediately call the police to the scene. These include accidents that result in injury or death of a person or domestic animal. They also include collisions with parked vehicles when the owner isn’t present. Leaving the scene in these circumstances may be considered an illegal hit and run accident.
What Happens if Police Don’t Come After a Car Crash?
Whether or not police are at the scene of the crash, you should make an effort to collect as much evidence as possible (as long as it is safe to do so). Make sure you exchange information with the other driver, take pictures of the damages, and ask witnesses if they’d be willing to make a statement or give you their contact information. If you don’t have a report, all of this evidence could make a big difference in helping you and your attorney prove your case.
The second thing you can do is visit the police precinct nearest to the crash site. You may be able to file a traffic report in person. If the police insist that they cannot issue an accident report without an officer being there first-hand, you should contact your attorney immediately. The sooner you contact your attorney, the better your chances of proving your damages and earning the full compensation you are entitled to under the law.
Can I Leave the Scene of the Accident If I Sustained No Visible Injuries?
Depending on the circumstances, it may be illegal to leave the scene of the accident, even if you aren’t injured. Someone else could be injured, or the accident could involve a parked vehicle.
Leaving the scene can also harm your case for compensation if you end up discovering injuries later on. If you don’t remain at the scene to document the damage, exchange information, and make a police report, you’ll have limited evidence to support your claim.
Contact Us Today to Learn How We Can Help
At Richmond Vona, LLC, we understand what you are going through, and we are committed to helping you navigate the recovery process. Our attorneys know the system and how to overcome the many challenges you may face.
