Distracted driving in New York has increased the amount of motor vehicle accidents in New York. Most drivers’ habits of engaging in mobile phone usage while driving have led to a rise in NYC car crashes. Other factors that contribute to motor vehicle collisions in NYC include road rage, inexperienced drivers, and alcohol usage.
The New York Police Department (NYPD) reports that 4,823 people were injured or killed just in the month of May, 2024, alone. Therefore, being aware of how to proceed after an auto accident in New York City is important.
Figuring out what to do right after a car crash in New York is extremely difficult considering how devastating the situation can be. This guide offers the legal knowledge you need to get in touch with an auto accident lawyer NYC if you ever find yourself involved in a motor vehicle accident.
Legal Rights of Car Crash Victims in NYC
If you are someone who travels in New York frequently, having a basic understanding of your legal rights can help you to navigate the problems that arise after a car accident. While we never anticipate the unexpected, it’s always best to stay prepared. This way, should the need arise, you can make things easier for yourself and your loved ones.
Whether you are the driver or a passenger involved in an auto accident, Auto accident legal services NY offer guidance on how to proceed based on the following New York laws on car accident fault.
No-Fault Insurance System in New York
In a no-fault state like New York, you can file an insurance claim from your insurance company to pay your medical expenses. Passengers’ medical fees are also paid. The important thing to remember is that medical coverage is provided by insurance companies regardless of who the fault party is.
Passengers’ Right to File a Claim
Passengers injured in a traffic collision near New York City have the right to recover compensation for their injuries and income loss. To explain in simple terms, you can file a claim against the at-fault driver to pursue compensation for medical bills, income loss, damages, or pain and suffering. Remember, it’s not just the driver who has rights, you also have the right to consult with a car accident attorney NYC to pursue compensation.
Suing for Pain and Suffering
You can file a personal injury lawsuit only if your physical and emotional suffering belongs to the type of injuries that qualify as “Serious Injuries” as per Section 5102(d) of the New York Insurance law. How an injury impacts a victim can be challenging to define. Thus, you need to get legal advice from experienced personal injury lawyers NYC to ensure that you receive fair compensation for your damages from the at-fault party.
Car Accident Statute of Limitations in NYC
What the statute of limitations means is that your auto accident lawyer NYC has a deadline to file a personal injury lawsuit on your behalf. The statute of limitations for a personal injury case is three years from the accident date. For a no-fault car accident claim filed by the insurance company, the statute of limitations is 30 days from the accident date. However, there are exceptions which your auto accident claim lawyer in NYC can sort out for you.
What to Do Right After an Auto Accident in New York?
First of all, check whether you or your passengers have sustained any critical injuries. Take great care to thoroughly inspect yourselves even if there aren’t any visible injuries as you might be suffering from internal issues. If anyone is injured, either ask a bystander to help or call emergency services yourself on 911 and seek medical care immediately.
Once you have assessed everyone’s health condition and if the situation is not critical, don’t leave the scene of the accident. If you leave, you might have to face hit-and-run charges.
Next, you have to exchange contact information and insurance information with the drivers involved. Call 911 based on the nature of the auto accident and fill out a police report.
You have to file an accident report with the New York State Department of Motor Vehicles for property damage of over $1000. By law, you are required to do this within 10 days of the accident. A New York vehicle accident lawyer can help you with this matter.
Another factor that you cannot miss if you are not injured is documenting the accident. You should take pictures of the accident, note down details from witnesses, and identify the responding officers.
When to Call the Police?
Under the law of New York, you need to call the police if there are injuries, fatalities, major property damage, or if the owner of a parked vehicle involved cannot be located. You are also required to call 911 if a domestic animal has been killed or injured in an auto accident.
If you are not sure whether you should be calling the police, contact a New York auto accident lawyer without leaving the accident scene. In general, car crash attorneys NYC advise the involved parties to call the police and obtain a police report as it’s useful evidence for your car accident insurance claim.
Hiring an Auto Accident Lawyer in NYC
Relying on your insurance company alone is not a wise step to take after a car accident in New York. You need an experienced auto accident attorney in New York to investigate every single detail of your car accident so that the at-fault party can be determined rightfully.
Although insurance companies investigate and produce repair estimates, you need to select one of the best car accident lawyers in NYC to review your case from the victim’s perspective so that you can cover your damages. In the case that you are the at-fault driver, you still need a good car accident attorney in NYC to protect you from unfair lawsuits.
Is My NYC Auto Accident Lawyer Qualified?
When hiring an NYC car accident lawyer, you need to check whether they have the required qualifications and experience to handle your case.
Make sure that your auto accident lawyer in New York specializes in personal injury law for car accident cases. It’s always best to look at their past auto accident cases and check the success rate.
Top auto accident attorneys in New York have good communication skills and you can easily reach them for advice. If your auto accident attorney is not honest about your case and the legal fees, you might have to consider changing your lawyer.
Your auto accident lawyer NYC also needs to have a competent support team and access to a good network of expert witnesses, medical professionals, and accident reconstruction experts to handle the case efficiently.
Types of Car Crash Injuries
While no one likes to think about being injured by a car crash, as a driver or passenger in the congested streets of New York, you need a certain level of awareness on the types of personal injuries you can suffer from.
The type of car crash injury that an individual is a victim of has varying legal implications. To understand how these legal liabilities impact you as either the victim or the at-fault driver, you need to learn more about how auto injury lawyers New York calculate damages. When the victim’s body jolts forward due to the initial impact, spinal cord injuries can lead to paralysis in severe cases. The impact of the crash can also cause head injuries. At critical stages, head injuries can cause traumatic brain injuries (TBI). Another severe injury is internal damage to the liver, kidneys, or lungs.
If the nature of these injuries is such that the victim has suffered a permanent loss with life changing limitations in body functions, a personal injury lawyer can sue the at-fault party. A victim can also file a personal injury lawsuit with the legal assistance of personal injury lawyers NYC if non-permanent injuries affect their usual lifestyle for a minimum of 90 days within the first 180 days following the injury.
Claiming No-Fault Insurance with an Auto Accident Lawyer NYC
One of the main reasons you need NYC car accident legal help is due to the fact that New York is a No-Fault state. This means that a limited amount of losses are covered by the respective insurance companies for the involved parties. At most times, insurance companies tend to find a way out of paying claims.
A knowledgeable car accident attorney NYC can advise you on your legal options when dealing with the insurance company. A no-fault insurance claim should be filed with the insurance company within 30 days of the accident. Car accident lawyers in NYC can help you develop a comprehensive written statement that can secure just compensation.
Damages such as death, loss of a fetus, permanent loss of a body function, or any injuries that are defined as “serious” by the New York state law are not covered by no-fault insurance policies. In addition, motorcycle riders and passengers cannot cover damages through no-fault insurance in New York.
If you need legal advice or an experienced auto accident lawyer to handle your auto accident claim, our team of New York personal injury attorneys at Alex Yadgarov can offer the right legal representation.
We understand that this is a stressful time for you. Call 866-995-9035 today for a free consultation.