What to Do Immediately After a Car Accident in NYC
What to Do Immediately After a Car Accident in NYC
New York City is famous for its bustling streets full of cars, commercial vehicles, and pedestrians fighting for space. So, sadly, it’s no surprise that October 2024 saw some 3,522 injury and fatal motor vehicle accidents in New York City, working out to almost 114 per day. If you are unfortunate enough to find yourself in a car crash, please know that the actions you take immediately after your accident could be critical to your long-term health and the success of your car accident claim.
Immediately after a crash, the New York Police Department (NYPD) advises you to put your car in “park” and check yourself and your passengers for injuries. If anyone involved in the accident is injured or you cannot move your car to safety, call 911 immediately. Even if everyone feels fine, it is still wise to seek immediate medical attention, as some injuries do not cause symptoms right away.
After taking care of your health, your next job is protecting your legal rights. This article will explore crucial steps that could give you a better chance of securing compensation that could get your life back on track.
Get Everyone to Safety
Getting hurt in a car accident is bad enough, but getting involved in a secondary collision would be even worse. So, if possible, move your vehicle to a place of safety, such as the shoulder or rightmost side of the road, and turn your hazard lights on.
If you cannot move your vehicle, get yourself and your passengers to a safe place nearby. However, never attempt to move a seriously injured person.
Moving someone with catastrophic injuries could make the following conditions worse, possibly leading to paralysis or death:
- Neck injuries
- Herniated discs
Instead, call 911 and wait for emergency medical personnel to render first aid and advise on the right medical treatment.
Seek Immediate Medical Attention
Everyone should get checked out after an accident, even if you think you were not injured. Medical professionals are trained to spot the signs of internal bleeding, fractures, and head injuries, which may not cause immediate symptoms.
There are also important legal reasons to seek immediate medical care. To build a strong case for compensation, a car accident lawyer must prove that your injuries were caused by your car accident. If you do not get yourself checked out immediately, the at-fault driver’s insurance company may claim that your injuries were not caused by your accident at all and try to deny or lessen your coverage.
Instead of running this risk, create a clear link between your injuries and your car crash by seeing a doctor immediately. The report he or she creates could be crucial evidence that helps you secure the compensation you need.
The medical report may also include recommendations for further medical treatment. By following through on this advice, you demonstrate that you have done everything in your power to minimize the impact of your injuries and seek a full recovery, which may strengthen your case.
Call the NYPD
After a New York City vehicle collision, you must immediately call the police if any of the following occurred:
- Injury or death of any person
- Injury or death of any domestic animal
- Damage to a parked car or other property, and you cannot locate the owner
If injuries, fatalities, or property damage worth more than $1,000 occurred, you must file an MV-104 (Report of Motor Vehicle Accident) within a limited amount of time. Failure to do this could result in a suspension of your driving privileges.
What the police do at the accident scene
Once they arrive, police officers will take control of the accident scene. The police are likely to take statements from everyone involved in the car accident. Answer the officer’s questions truthfully and fully, sticking to the facts. The officer will create a police report that could form a key part of your personal injury case.
Property-damage-only car crashes
If your car crash only involved property damage, you are not required to report it to the police department in New York City. However, to protect your legal rights and satisfy insurance company requirements, you must complete the Report of a Motor Vehicle Accident and file it with the Department of Motor Vehicles.
Exchange Information
According to the New York State Vehicle and Traffic Law, it is illegal to leave the scene of a car accident without exchanging information with the other involved motorists.
Be sure to get the following information:
- Full names, addresses, and contact information of drivers involved and eyewitnesses
- Driver’s license information
- Owner’s details, if not the driver
- Insurance information, including the policy number
- Vehicle license plate number, make, and model
Tensions can run high after a New York car accident. Under no circumstances should you get involved in a discussion with the other motorists about who was at fault. New York is a no-fault state for car accidents. This means that, if you sustain injuries in a car accident, you must first file a claim with your own insurance company – regardless of who was at fault.
Depending on the circumstances of your vehicle collision, it may be possible to file a personal injury lawsuit and claim damages for your injuries. However, leave discussions of fault to your personal injury lawyer, who can build a case for compensation and handle all negotiations on your behalf.
Document the Accident Scene
If you feel well enough to do so, it could strengthen your case to gather evidence from the accident scene.
Potential evidence could include:
- Property damage: Take photos of your car from multiple angles to show the damage it has sustained. Remember to photograph the interior and any other property damaged in the accident, such as personal items.
- Damage to other vehicles: Photograph the damage sustained to any other vehicle involved to build a complete picture of the scene.
- Accident scene: Take a few steps back and try to photograph or video the entire scene. Capture skid marks, traffic lights, signs, and other evidence on the road. Also, the traffic conditions should be captured to show what may have contributed to the car crash.
- Injuries: Take photographs of your injuries as soon as possible after the accident.
Depending on the circumstances of your case, a personal injury attorney may be able to use the evidence you gather at the scene to build a case for fair compensation.
Contact Your Insurance Company
In New York, if you were injured in a motor vehicle crash, you have a limited period of time to file a written notice of claim with your insurance company. Your insurance company will normally send you a copy of the MV-104 report, which you must send to the DMV, along with your insurance claim form.
Your insurance company will respond with an Application for Benefits and a letter outlining your rights and obligations under your policy. You can use this form to claim compensation for medical bills and reimbursement for lost wages.
Limits on no-fault insurance coverage
No-fault insurance provides basic coverage for economic losses. If your losses exceed a certain amount, you may be able to apply for Additional No-Fault (Additional PIP) benefits, which is optional coverage, or make a claim on your standard health insurance.
If you sustained a serious injury, as defined by Section 5102(d) of the New York Insurance law, you may be able to sue the at-fault driver for damages beyond the limits of your no-fault insurance coverage.
Cautions with insurance companies
New York’s no-fault insurance laws may give the impression that your insurance company will take care of you after a car accident, no matter who was at fault. However, all insurance companies look out primarily for their own interests, not yours. Be careful about what you say to them and never let the insurance adjuster convince you that he or she is your friend.
Do not try to navigate New York’s no-fault insurance laws alone, especially if you sustained a serious injury. Instead, talk to an experienced New York City personal injury attorney as soon as possible after your vehicle collision. A lawyer can explain your legal rights and avenues that may be open to you for compensation.
Contact a New York City Car Accident Attorney
If your New York City motor vehicle crash resulted in severe injuries or death, the stakes are too high to go it alone. You need to talk to an experienced car accident attorney to get a clear understanding of your legal rights.
We understand that contacting a personal injury lawyer after a car accident could be overwhelming. You may worry about how you can afford to hire an attorney.
However, while there are no guarantees in personal injury cases, working with an experienced New York City car accident lawyer could give you a better chance of securing fair compensation. After all, hiring one may be easier than you think.
Free consultation and no fees upfront
Most personal injury lawyers offer a free consultation. A compassionate attorney will listen to your story and explain the legal action you may be able to take. There is no pressure to hire a lawyer, and you can walk away at this point with nothing to pay.
If a personal injury lawyer believes your case has a strong chance of success and agrees to take it on, he or she will usually work on a contingency fee basis. You will only pay a fixed percentage fee if your attorney wins your case.
On the other hand, if your case is unsuccessful, you will have nothing to pay. These terms allow you to pursue compensation for your severe injuries with more confidence, free of risk.
What personal injury lawyers can do for you
When you hire a personal injury lawyer immediately after a motor vehicle collision, you hand over all the stress and hard work to your attorney.
Your lawyer can do the following on your behalf and more:
- Investigate your case
- Collect evidence and build a strong case for liability
- Calculate the full extent of your losses, including medical bills, lost wages, property damage, pain and suffering, and other non-economic losses
- Negotiate with insurance companies to pursue fair compensation
- Fight your case in court if negotiations are unsuccessful
Trust Hill & Moin With Your NYC Car Accident Case
At Hill & Moin, we understand how distressing a New York City car accident can be. To make matters worse, insurance company bullies may try to pressure you into accepting a lowball settlement that does not cover your actual needs. Now is the time to secure your future, not simply hope for the best from an insurance company.
As lawyers with years of experience fighting New York City car accident cases, we fight tenaciously in pursuit of maximum settlements for our clients. We have secured many six- and seven-figure settlements for motor vehicle accident victims. For us, your case is personal. That is why our clients feel like we are their lawyers in the family.
Now is the time to explore your legal rights with Hill & Moin LLP. Call us at (212) 668-6000 to discuss your case with an experienced New York City car accident attorney. Alternatively, fill out our contact form, and we will call you back very soon to discuss your Personal Injury Recovery SolutionsⓇ.
Don’t wonder about your rights!