Being involved in a motor vehicle accident is a frightening and overwhelming experience. It can leave you shaken, injured, and unsure of what to do next. In New York, knowing the steps to take immediately after an accident and understanding your legal options can make a significant difference in protecting your rights and securing the compensation you may deserve.

Immediate Steps After an Accident

• Ensure Safety: Move to a safe location if possible. If anyone is injured, call 911 immediately. Make sure that you and your passengers are not at risk of further harm, such as from oncoming traffic. If your vehicle is drivable, move it to the side of the road. Turn on hazard lights to alert other drivers, especially at night or during poor visibility conditions.
• Call the Police: A police report is a critical document for insurance claims and legal proceedings. When speaking to the police, stick to the facts. Avoid speculating about the cause of the accident or admitting fault. Ensure that the responding officers document all relevant information, such as weather conditions, road hazards, and witness statements. Request a copy of the police report for your records.
• Exchange Information: Collect the name, address, phone number, driver’s license number, and insurance information from all involved parties. This includes the driver’s insurance carrier and policy number. If there are passengers or witnesses, ask for their contact information as well. Witness statements can be invaluable in establishing fault.
• Document the Scene: Take photos of the accident scene, vehicle damage, license plates, and any visible injuries. Include pictures of skid marks, traffic signs, and road conditions. If you notice surveillance cameras nearby, make a note of their locations, as they may have captured the incident.
• Seek Medical Attention: Even if you feel fine, it’s essential to get checked by a medical professional. Some injuries, like whiplash or internal injuries, may not be immediately apparent. Prompt medical attention also creates a record of your injuries, which is critical for insurance claims and potential legal proceedings.

Understanding Your Legal Options

After an accident, you may be entitled to compensation for your injuries and damages. In New York, which is a “no-fault” state, your own insurance covers medical expenses and lost wages regardless of who caused the accident. However, you may also have the right to pursue a personal injury claim against the at-fault driver if your injuries meet the “serious injury” threshold defined by New York law.

Dealing With Insurance Companies

Insurance companies are businesses, and their goal is to minimize payouts. You must be cautious when speaking with insurance adjusters. Avoid giving recorded statements without consulting a lawyer. Insurance companies may attempt to use your words against you to deny or reduce your claim. Always review any documents or settlement offers carefully, as accepting a settlement may waive your right to pursue additional compensation.

Steps to Strengthen Your Case

• Keep a Journal: Record details of the accident, your medical treatment, and how your injuries are affecting your daily life. Include notes about missed work, daily pain levels, and any emotional impact.
• Preserve Evidence: Save medical bills, receipts, and any correspondence with insurance companies. Maintain copies of all documents submitted to your insurance provider.

Follow Doctor’s Orders: Adhering to your medical treatment plan not only aids in your recovery but also demonstrates the seriousness of your injuries. Missing appointments or

Why Contact an Attorney?

Navigating the aftermath of an accident can be complicated, especially when dealing with insurance companies and legal claims. An experienced personal injury attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary. Having the right legal advocate can make the process smoother and more effective.