Car Accidents
CRUCIAL NOTE: DO NOT GIVE STATEMENTS, ORAL OR WRITTEN, TO YOUR INSURANCE COMPANY PRIOR TO SPEAKING TO AN ATTORNEY! Insurance companies act quickly in order to limit their own liability – not increase their liability to you for your injuries.
Motor Vehicle Accidents
If you are involved in a serious motor vehicle accident, there are several important factors that require immediate consideration. It is crucial that you consult an attorney as quickly as possible. Between medical care, insurance forms, and protecting your personal interests in the subsequent court action, having a skilled and experienced law firm behind you can make the difference between winning and losing your case. We take immediate action by preserving evidence and starting the initial investigation. The attorneys at Hach & Rose, LLP fight tirelessly on behalf of car accident victims and put the full weight of their firm’s resources behind you.
New York No Fault Law
New York is a No-Fault insurance state. This means that certain expenses are covered by the insurance of the car you are in when an auto accident occurs, whether you were the driver or the passenger, or by the insurance of the car that hit you if you were a pedestrian or bicyclist. If the car you were in or the one that hit you as a pedestrian or as a bicyclist does not have insurance but you or a family member in your household does, then that becomes the No-Fault insurance carrier. You are entitled to No-Fault benefits regardless of fault.
The insurance law and its various regulations mandate that all New York state auto insurance policies come standard with a No-Fault limit of $50,000 per person.
There are important steps to follow in order to increase your chances that the insurance company will pay No-Fault benefits in the manner that the No-Fault law was designed:
1. In order to qualify for No-Fault benefits, you must file a No-Fault Application (form NF-2) with the insurance carrier of the car you were in when the car accident took place. If you were a pedestrian, you should send the form to both the insurance carrier of the car that hit you and the insurance carrier of a car that you own (if you own a car). When you speak to your insurance company, ask for the form. They won’t always send it to you automatically because they know of the time constraints.
2. There are serious time constraints, so, if you are in an accident, it is especially important not to delay filing the No-Fault Application. You have thirty (30) days from the date of the auto accident to file the form. Don’t put it off thinking that your injuries may get better or that your health insurance will cover the accident. First, filing the application does not obligate you to commence a claim. Second, most health insurance do not cover a personal injury resulting from a car accident. Filing the form simply protects your rights.
3. Make sure that you send the form to the correct insurance company. Even if the accident was the other car’s fault, the No-Fault Application gets sent to the insurance carrier for the car you were in.
If you cannot determine the insurance company on time, you should, at a minimum, send a notice right away to the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC is a state run agency which steps into the shoes of the insurance company where there is no insurance.
4. If you are claiming lost earnings and out of pocket expenses, you will need to take additional steps to ensure payment of your claim. For lost earnings, you must make sure that your employer sends in proof of your wages, disability and loss of income within ninety (90) days of the accident. You may need to be on top of your boss to get these documents filed. Remember, under No-Fault you are entitled to receive 80% of your accident related lost earnings up to $2000 a month paid over a maximum of three years.
What to do if you’re in an accident:
1) STOP: If you are involved in a motor vehicle accident which causes injury to either person or property you are required to stop, provide your name, address, driver’s license and insurance identification card to the person who is injured or whose property was damaged, or to a police officer.
2) ADMINISTER AID TO THE INJURED: If necessary, call an ambulance immediately. Make the injured person(s) as comfortable as possible. Normally you should not move an injured person, unless the risk of injury by leaving the person where they are is greater than is possible by moving them. Keep the person warm. If there is any bleeding, stop it by applying direct pressure with a clean cloth.
3) PROTECT THE SCENE: Make every effort to prevent further accidents. You may be liable for damages to approaching vehicles unless they are properly warned. At night, be sure to warn approaching vehicles with flashlights or flares.
4) CALL TRAFFIC OFFICIALS: Request the presence of a police officer, and give the basic facts of the accident. The official report may help you later if a liability claim is made.
5) WITNESSES: Witnesses will be a tremendous help in any subsequent court action, if there is any question as to liability for the accident. Get the names, addresses and telephone numbers of as many witnesses as possible.
6) WRITE DOWN THE DETAILS OF THE ACCIDENT: Make a note of the details of the accident, including date and time, road conditions, weather conditions and speed of all other cars involved. It also is a good idea to draw a diagram of the accident showing the position and direction of the cars just prior to and after the accident.
7) REPORT YOUR ACCIDENT TO THE COMMISSIONER OF MOTOR VEHICLES AND TO YOUR INSURANCE COMPANY: The law, in New York State, requires that the operator of a vehicle involved in an accident in which a person is killed or injured – or one in which damage to person or property exceeds $1,000 – must file a written report with the Commissioner of Motor Vehicles within 10 days. If the driver is unable to make the report, the owner of the vehicle must do so within 10 days after the accident.
