The most important thing you can do after an accident is follow the advice of your doctors. That means going to all medical appointments and reporting all symptoms. Make sure your doctors are notified that you were injured in a car accident so they can bill their services to the proper insurance company. Remember to fill out a no-fault application within 30 days of the accident so the proper insurance company pays for the medical bills. Take pictures of your injuries so they are documented for the future. If possible, have someone take pictures of the automobile you were in, so that the damage to the vehicle can be shown. If there are witnesses, provide the names of the witnesses to your car accident lawyer so they can be contacted about what they saw.

If you’ve been involved in a collision, and if you’ve suffered injuries, you should contact a car accident attorney. There are many different laws applicable to automobile accident cases and you’ll want to ensure your rights are protected. Depending on who caused the accident, there are time limits and deadlines to pursue your case. If you miss deadlines, you may miss out on a recovery. Additionally, dealing with insurance companies can be challenging. Keep in mind that the insurance company for the motorist who caused the crash is interested in paying you as little as possible to settle your claim.

While it’s usually not important to bring more than yourself to the meeting, the following can be helpful if you have them:

• Accident report
• Your own automobile policy or the declaration page for your policy
• The insurance policies or the declaration pages for any relatives you reside with
• Photos of your injuries
• Photos of the automobiles involved in the crash
• Any medical records you have in your possession
• Receipts for any expenses incurred that are related to the accident
• Last 2 years of tax returns (if you are expected to be out of work for an extended period of time)

How long your personal injury case takes depends on many factors. Those factors are detailed in the blog “How Long Will My Personal Injury Case Take?”.

Whether a case goes to trial or resolves by way of a settlement is ultimately up to the client. A car accident lawyer can advise you about what is in your best interests, can talk to you about the risks and benefits of a trial as well as the risks and benefits of a settlement. But ultimately the decision to accept a settlement or go to trial is the client’s decision.  It is important to know that an insurance company is not required to make an offer to settle a case and, in those situations, a trial must occur.

Yes. Generally, the statute of limitations for a car accident is three years from the date of the accident. However, if a death occurs the statute of limitations is two years. In addition, shorter times may be applicable if the vehicle that caused the accident is owned by a municipality or public authority.

New York State’s No-Fault Law provides immediate protection to the injured party without lengthy and expensive legal battles over who was at fault and what money is owed. The law allows payment to drivers, passengers, and pedestrians for medical costs, lost wages, and all reasonable and necessary expenses incurred, up to $25 dollars per day. The total amount available coverage under the no-fault law is $50,000. However, there may be additional personal injury protection coverage available under the insurance policy.

To claim No-Fault benefits following a car accident, you must submit a no-fault application to the automobile insurance carrier for the vehicle you were in when the accident occurred. If you were a pedestrian or a bicyclist, the application should be submitted to the insurance company for the vehicle that hit you. If you were on a bus, it should be submitted to your own automobile insurance carrier. You must send the application for motor vehicle no-fault benefits within 30 calendar days after the accident. Many people mistakenly think the insurance for the car that caused the accident is supposed to pay for your no-fault benefits. No-Fault benefits are different than a personal injury claim for your serious injuries. If you have suffered “serious injuries” you are entitled to file a bodily injury claim against the driver who caused the accident.

No. No-Fault does not pay for damage to your motor vehicle or personal property damaged in the accident. A separate property damage provision of an available automobile insurance policy will pay for the damage caused to your vehicle.

Yes. There are different types of available insurance. The $50,000 No-Fault insurance will only pay for your medical bills, lost earnings and reasonable and necessary expenses incurred, up to $25 dollars per day. There may be additional no-fault coverage known as “additional personal injury protection” available under the terms of the relevant automobile insurance policy. Additionally, if you have suffered a “serious injury” there is a different “liability policy” that can be pursued.

Yes. In New York, if you have been involved in an automobile accident, you can only sue the other driver that hit you if you have suffered a “serious injury”.

A Serious Injury is defined as follows:

• Death
• Dismemberment
• Significant Disfigurement
• Fracture
• Loss of a fetus
• Permanent loss or use of a body organ, member, function or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system;

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• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

The answer is – it depends. Is there any other vehicle or any other party that is at fault for causing the crash? Do you have supplementary uninsured/underinsured motorist (SUM/UM) coverage under your own policy? Of course, there is also the remedy of suing the defendant personally if the defendant has sufficient assets to justify this type of claim.

In general, Supplementary Uninsured/Underinsured Motorist (SUM/UM) coverage applies if another driver who causes an accident has little or no automobile insurance coverage. For example, if you have been injured by another driver who has a $25,000 liability insurance policy but you carry $100,000 of SUM coverage, you can pursue a claim against your own policy (or the policy of a family member who lives with you) for the difference, in this example $75,000, to help compensate you for the injuries you’ve suffered.

If you were not at fault in the accident and use your own insurance policy, your insurance premiums should not go up. However, if you were at fault in the accident, you will likely see an increase in your insurance premiums. Many people are reluctant to seek compensation from their own policy following an accident. However, you’ve paid for the insurance policy so it’s there if you need it. In most instances, if you are using your own insurance policy, it’s because you have suffered a significant injury. The benefits you will receive from the policy will far outweigh any possible but unlikely insurance premium increase.

It is often not in a person’s best interest to accept a quick settlement with the insurance company. If you have suffered injuries, it is advisable to first consult with a car accident lawyer, who can assess the full extent of your injuries. Usually, determining the full extent of your injuries takes time, and an early offer by an insurance company may be an attempt by the insurance company to settle your case for less than it’s worth.