Being involved in a car accident in New York, whether it's a minor fender bender or a serious collision, can be a terrifying and confusing experience. Because it is so shocking and stressful, making important decisions right after a crash can become a real problem, especially when you have no idea what to do.
Our experienced New York car accident attorneys can help you through this difficult time. This guide provides all the necessary steps you need to know to protect your health, your legal rights, and your ability to recover the compensation you deserve.
Step-by-Step Guide After Getting in a Car Accident Whether you were the at-fault driver or not, taking the right steps can still help minimize your losses and protect you from further legal issues. These actions should always be taken immediately following a car accident.
Don't Leave the Scene No matter what happens, it's important to take immediate action after a car accident to protect yourself legally and to make sure you don't leave the scene. Leaving the scene of a car accident in New York can result in serious legal consequences, including fines, license suspension, jail time, and a criminal record, especially if injuries occur.
Remain Calm & Check for Injuries Take deep breaths and try to stay calm. Panic can impair judgment and make it harder to take the necessary steps. Assess yourself and any other passengers or occupants of other vehicles involved for injuries. If anyone appears seriously injured, call 911 immediately.
Turn on Hazard Lights & Move to Safety (If Possible) Activate your vehicle's hazard lights to alert other drivers to the accident. If your vehicle is drivable and it's safe, move it to the side of the road, off the traffic lanes. However, if it is unsafe to move your vehicle, do not do so.
Call the Police Even if the accident seems minor, call the police. Get the police officer's badge number and obtain a copy of the police report. This report becomes critical documentation for your insurance claim.
Failing to call the police after a car accident can severely hinder your ability to prove fault and obtain compensation, potentially jeopardizing your insurance claim and legal case. This lack of an official report can significantly weaken your position and make it far more difficult to recover damages.
Document the Scene If it's safe, take photos and videos of the accident scene and the surrounding area. This evidence will be extremely valuable. Use your phone or camera to make an accident report of:
Vehicle damage from all angles The accident scene, including road conditions, traffic signs, and any visible skid marks License plates of all vehicles involved Injuries, if any Need Help After Getting in a Car Accident? Protect your rights and secure your financial future with Tomkiel & Tomkiel. The insurance company is not your friend. Get the help you need. Contact us today for a free case evaluation!
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Exchange Information Collect the following information from all parties involved:
Names Addresses Phone numbers Insurance company information Driver's license numbers Vehicle registration numbers License plate numbers Don't discuss the accident and don't admit the fault. Stick to exchanging information and let the insurance companies handle the details.
Contact Your Insurance Company Contact your auto insurance company immediately following the accident to provide complete and accurate details. Be honest and cooperative with the insurance adjuster to ensure a smooth claims process, but don’t agree to a recorded statement without your lawyer present. Take into account, that the faster you file your insurance claim, the easier it may be to have your damage repaired and obtain a rental car, if necessary.
Contact an Attorney Our car accident lawyers have decades of successfully handling car accident victims and will help you navigate the legal process, talk with the insurance company so you don’t have to, investigate the accident thoroughly, and fight for your right to receive full and fair compensation.
Seek Medical Attention Even if you feel okay, it's important to see a doctor to check for hidden injuries. Get checked by a doctor to address any injuries, regardless of your perceived fault in the accident. This is essential for your health and legal protection.
Keep Your Records Keep detailed records of all expenses associated with the accident. This includes medical bills, lost wages, repair costs, rental car costs, and any other expenses. This is necessary for your personal injury claim. The claims process can take time, so be patient and stay in touch with your insurance company.
Common Mistakes After a Car Accident Regardless of fault, avoid these common mistakes:
Don't admit fault: Don't apologize or admit fault at the scene, as it could be used against you in a legal claim. Let the police and legal professionals determine the fault.Don't sign anything: Avoid signing any documents from the insurance company without consulting with our lawyers.Don't post about the accident: Avoid posting about the accident on social media. Your posts could be used against you later on.Don't give a recorded statement: Do not provide a recorded statement to the insurance company without having your lawyer present.Don't delay seeking medical care: Get medical attention as soon as possible, even if your injuries seem minor.Contacting an experienced NY car accident attorney as soon as possible makes protecting your rights smoother and easier. At Tomkiel & Tomkiel , we've been fighting for the rights of accident victims in New York for decades. We understand how complicated the legal process can be, and we'll be there to support you every step of the way.
Important New York Traffic Laws New York has specific laws impacting car accident claims. Understanding these is necessary for protecting your rights and pursuing compensation. Here's a concise overview:
Due care and driver responsibility: New York Vehicle and Traffic Law §1146 requires drivers to exercise "due care" to avoid collisions with pedestrians, cyclists, and animals. Failure to do so can result in liability. Reckless driving and distracted driving (using portable electronic devices) are strictly prohibited and can lead to legal consequences.No-fault insurance (PIP): New York's no-fault insurance covers up to $50,000 in economic losses (medical bills, lost wages) regardless of fault. A lawsuit against the at-fault party is usually only possible if losses exceed $50,000 or involve a "serious injury" (death, dismemberment, fractures, significant loss of body function, etc.). No-fault claims must be filed within 30 days of the accident.Comparative negligence: New York uses comparative negligence, meaning liability is assigned as percentages based on each party's contribution to the accident. New York's pure comparative negligence law allows you to recover compensation even if you were partially at fault for the accident or even if you were more at fault than the other party. However, your damages will be reduced in proportion to your share of the fault. Statute of limitations: You have three years from the date of the accident to file a personal injury lawsuit in New York. Filing promptly is strongly recommended to preserve evidence and memories.Contact Tomkiel & Tomkiel: We Know How to Win! Being seriously injured in a car crash can turn your life upside down. Dealing with insurance companies and medical bills can be confusing and stressful. But you don’t have to do it alone.
Tomkiel & Tomkiel is ready to help you with your car accident case! Our team operates on a contingency fee basis, which means there are no upfront fees to hire our firm. We take on the risk of your case. Contact us today for your free initial consultation.
