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New York Auto Accident Lawyers

What should I do if I am involved in an auto accident? Call the police and an ambulance if injured. If you are physically able after a car accident, you want to exchange information with the other driver. Get the person’s name, license plate number, and insurance information.

Should I take photographs at the scene? Yes. Take photographs of the vehicles involved, of the roadway, of the all sides of the vehicle, and distance shots to show the vehicles in comparison to the roadway and each other.

Who will pay my medical bills? The motor vehicle insurance company for vehicle you are in will generally be responsible to pay your medical bills. We call this the “no fault” carrier. However, which motor vehicle will be responsible will also depend upon what vehicles were involved and whether a pedestrian is the injured person. Either way, you must not use your private health insurance initially to pay your medical bills.

Who will pay my lost wages? Just like the medical bills, the “no fault” insurance carrier will pay the lost wages up to a certain amount.

Do I need to fill out any paperwork right away to get my lost wages and medical bills paid? Yes, you must send a completed “no fault” application form within 30 days of the accident, otherwise, you may lose all rights to these benefits.

What should I do if I am involved in a “hit and run” accident? You must immediately and no later than 24 hours have a police report filed. Call the police from the scene immediately after the accident occurs.

Will I always be able to recover money compensation for my injuries resulting from a motor vehicle accident? Unfortunately, no. Under the guise of “tort reform” the legislature over 30 years ago passed a law to curb motor vehicle litigation. Even if an accident is completely the fault of another driver, you will not be able to recover unless you have a “serious injury” as it is defined under this law. A fracture of any bone is deemed a “serious injury,” but the typical whiplash and disc injuries caused by a New York auto accident will usually not meet the “serious injury” threshold unless there is extensive loss of function.

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