Manhattan, NY Car Accident Attorney

It’s always important to report your accident to the police, no matter how minor it may have been. You should also go to the hospital or a doctor right away as there are many injuries not immediately obvious due to shock and spasm. Make sure to write down the contact information and names of witnesses to the crash and get a copy of the other driver’s information form from the police officer at the scene. If possible and safe, take pictures of the damage to the vehicles and scene of the accident. You should also contact your insurance company to inform them of the collision.

If you do not report the accident in a timely manner, the insurance company may deny payment of any claims you file subsequently. You must file an application for no-fault benefits with the appropriate insurance company within 30 days of the date of the accident. If you are a driver or passenger, this would be the insurance company of the vehicle you were in. If you are a pedestrian, this would be the insurance company of the vehicle that struck you.

New York law requires insurance adjusters to acknowledge receipt of your claim within 15 business days. They must also start an investigation within 15 business days. Once they complete their investigation, they have 15 days to notify you of whether they are accepting or denying liability.

Yes, you need to inform your insurance company of the accident even if you weren’t at fault, especially for your claim for no-fault benefits which must be filed within 30 days of the date of the accident.

New York is a no-fault automobile accident state. That means your insurance company is required to pay for your medical expenses (up to a certain amount), depending on the policy you purchased. Certain limited lost wages may also be covered. If your accident and injuries were caused by someone else, you may also have grounds to bring a civil claim against the at-fault party to recover additional losses such as pain and suffering and full medical expenses and lost earnings.

If the accident was not completely your fault, you can still recover damages from the other driver for the portion of the accident that was his or her fault. New York allows injured parties to bring claims against others even if they were partially at fault. Discuss your case with an attorney to learn more about your rights.

That depends. Auto accident cases are fact specific and the unique circumstances surrounding your accident must be evaluated by a qualified attorney in order to assess the merits of any potential claim. Generally, victims injured by negligence have the right to bring claims against the party or parties they allege to be at fault. However, New York requires those seeking compensation for pain and suffering in an auto accident to prove they suffered a “serious injury” as defined in the Insurance Law in the State of New York. Our attorneys can review your case and discuss if you have grounds to bring legal action.

In order to receive compensation for pain and suffering from a motor vehicle accident in New York, must prove that you suffered a serious injury under New York law, which must be one of the following personal injuries that result in:

• Death;
• Dismemberment;
• Significant disfigurement;
• A fracture;
• Loss of a fetus;
• Permanent loss of 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; or,
• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or

An experienced and knowledgeable New York car accident lawyer will be able to explain whether you have a serious injury under New York law.

That also depends on the individual facts of your case. Generally, personal injury claims are brought against the individuals and/or entities whose negligence more likely than not caused your injuries. While an attorney can help identify potentially liable parties in your crash, here are some examples:

• A negligent driver who violated traffic laws or otherwise failed to safely operate their vehicle
• A commercial trucking company that hired unfit drivers or failed to comply with regulations
• Automakers or product manufacturers responsible for defective products
• Municipal entities responsible for collisions involving public transit
• Premises owners responsible for unsafe road or property conditions
• Drinking establishments that overserved intoxicated drivers (dram shop law)
• Municipal entities that caused your accident due to a negligently designed roadway