New York frequently tops the list when it comes to the cities with the worst congestion anywhere in the world. This shouldn’t be surprising since the traffic in Manhattan being so bad is what gave rise to the term ‘gridlock.’ Unfortunately, New York has seen a sharp rise in the number of car accidents in recent years, ranging from minor fender benders to serious collisions with drivers sustaining severe injuries.
As a car accident lawyer in NYC, we’ve often been asked the question of what needs to be done to secure a person’s health and the ability to seek compensation in the aftermath of an accident. With this post, we’ll be pointing out several key steps that need to be taken and why it is important that you carry them out in the aftermath of a car accident.
Why Are These Steps Important?
Before getting started on the actual steps that you need to take, it is important to understand why these steps are important. Although New York is a no-fault insurance state when it comes to car accidents, guaranteeing at least some compensation regardless of fault, at the end of the day, the insurance company can decide how much you will actually get, and it might not be enough to cover all the costs involved with a car accident.
As your car accident injury lawyer in Brooklyn, we draw your attention to New York’s pure comparative negligence law. In terms of a car accident, suppose an investigation reveals that you are 30% to blame for the accident; your compensation will be reduced by 30% since comparative negligence will allow insurance companies or courts to reduce your compensation to reflect the extent of your fault in the incident.
Before insurance companies present their settlement offer, they will conduct a thorough investigation, and they will look into your actions in the aftermath as part of it. By not following crucial steps, you leave yourself vulnerable to the insurer’s interpretation of the facts, which they will undoubtedly use to justify a lower settlement. At the end of the day, as the medical bills and other financial burdens begin to mount, the last thing you need is a reduced settlement.
What Should You Do?
Seek immediate medical attention.
In any major accident, the health & well-being of you and your loved one should be your number one priority. Following the accident, call 911 to report the incident, request medical aid, and try to move to a safe location.
Even if you feel fine, get yourself checked since some injuries are not immediately apparent and take some time to act up. Furthermore, the medical reports will be invaluable evidence in your favor in any claim or lawsuit.
Inform law enforcement & your insurance provider.
If your car accident has resulted in a death, injury, or property damage that exceeded $1000, you are required to notify the police and submit a crash report with the DMV. It is also ideal to inform your insurance provider so that they may begin their investigations to determine compensation. But do not make any recorded statements without legal advice.
Gather evidence at the scene.
Your claim will only be as good as the evidence you present. Therefore, take some time to gather all the evidence you need. Photographs, eyewitness statements, medical records, police reports, and the contact and insurance details of the other party can all be used to build a strong case.
Consult a car accident lawyer in New York.
When dealing with insurance companies and opposing parties, you need someone who understands the insurers playbook and knows the NY insurance and legal systems like the back of their hands to handle all the paperwork involved and to gather evidence and build a strong case, all in a timely manner. All these essential features and services only come with an experienced car accident lawyer in New York.
What Should You Not Do?
Do not leave the scene.
While we recommend you relocate to a safer position, do not leave the scene of the accident. Leaving the scene could be interpreted as hit-and-run, putting you at a significant disadvantage when negotiating your settlement sum.
Do not admit fault or apologize.
Although New York’s car insurance is ‘no-fault,’ admitting fault or even apologizing can be used by insurers as ammunition against you to justify a reduced settlement sum under comparative negligence law.
Do not skip on legal advice.
When dealing with the many insurance and legal matters in the aftermath of a car accident, you need sound legal advice to guide you through the entire process and to make sure that you’re getting the best possible settlement. We understand that costs can be a key consideration that makes people hesitant to approach lawyers, but you won’t need to worry about immediate legal fees with most accident attorneys in NYC since they accept cases on a contingency fee basis—this means if you don’t win, you don’t need to pay legal fees.
Do not post about the accident on social media.
Insurers and defense attorneys will no doubt be monitoring your social media activity and may use its content to discredit your version of events. In a balance of probabilities, the more believable version will prevail.
Do not accept the first settlement offer.
While it can be tempting to accept the offer and get things over with, we want you to take a step back and see if it’s really worth it. Will it cover all the costs? And does it stop you from taking legal action in the future? When dealing with settlement offers, the golden rule is not to accept the first one since insurers tend to lowball the amount. You are most likely entitled to far more than what your insurer has led you to believe
Conclusion
When it comes to car accidents in New York, dealing with the aftermath can be confusing and overwhelming. Your conduct will be extensively scrutinized, and insurers and defense attorneys will pounce at any perceived wrongdoing to reduce your compensation. Therefore, take care to adopt several crucial steps to secure your health and the ability to seek and maximize your compensation.