So You Were Involved in a Car Accident in New York

You were just involved in a car accident in New York.  Side-swiped, rear-ended, or T-boned.  However the accident happened, you are now stopped in the middle of the road, your day ruined.  What do you do next?  The steps you take immediately after a crash can protect your health, your rights, and your insurance claim.

First, check yourself and your passengers for injuries. If it is possible, move to a safe location and turn on your hazard lights. Even if you do not think you or anyone else is injured, it is better to play it safe and call 911.  If a police officer arrives at the scene of an accident, they may prepare what is called a police accident report where they detail the persons involved in an accident, their car information, what the persons involved in the accident say about how the accident occurred, the information of any witnesses to the accident, and any other pertinent information, including but not limited to the weather, the location of the accident, the date and approximate time, and who was injured at the scene.  The police accident report, including a certified version, is often critical for insurance companies in evaluating a claim and in any potential personal injury claim.

Second, identify the other driver or drivers involved in the motor vehicle crash and exchange insurance information.  Locate the vehicle involved and make sure it is safe before approaching. Exchange names, insurance information, and license plate numbers. Stay calm and avoid discussing responsibility at the scene.  If the other driver admits responsibility, make a note of it for yourself.   

Third, document everything and consider seeking medical care.  Take photos and videos of vehicle damage, car positions, airbags, and visible injuries. While we are not medical professionals and cannot advise you on whether or when to receive medical treatment, consider accepting medical attention if you feel pain or discomfort. Some injuries do not appear right away, and your health should always be the priority.  Also, see if there are any cameras in the area which may have depicted the accident.  This is not limited to any cameras on a traffic light, but could be cameras on neighboring buildings or structures, for example gas stations, commercial buildings, or even residential homes with ring cameras.  Take pictures of these cameras and their location in relation to the car accident.  Also identify any witnesses to the accident and take down their contact information.

Fourth, file No Fault and Protect Your RightsDescription:

Under New York law, No Fault insurance may cover up to fifty thousand dollars in medical expenses, out-of-pocket expenses, and lost wages, but you must file within thirty (30) days of the accident or you may not be entitled to No-Fault benefits.. 

If you or a loved one was injured, contact Farber Balsam Papain Ferrari at 212 972 7040 or tpapain@newyorktrial.com to understand your legal options and protect your future.

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