Vehicle accidents are so common that we often underestimate just how dangerous they can be. Drivers may be so badly injured that they can no longer work. All the while, their medical bills are mounting up with no end in sight. An attorney can help you sue the at-fault driver for fair compensation.
Following a car accident, you should call 911 immediately, ask for emergency medical assistance, and ask for the police to be sent to your location. While waiting for help, exchange information with others at the scene and take photos of the crash. Your photos may be entered into evidence if you file a lawsuit. Talk to an attorney as soon as possible, as you need to navigate complex insurance procedures before you may file a lawsuit.
Ask our car accident lawyers for a free, private case evaluation by calling Basch, Keegan & Spada at (845) 303-2748.
What to Do Following an Auto Accident
Car accidents are often overwhelming, and drivers may not know what to do. Remember, your top priority should be to call for help immediately.
Call 911
If you have a cell phone, call 911 immediately. If you do not have a phone or are too injured to call for help, someone else at the accident scene should call for help. Even if you believe your injuries are not serious, you should go to the hospital as soon as possible. If you choose to forego an ambulance, have someone drive you to the emergency room right away.
Exchange Information
While waiting for help to arrive, exchange information with other drivers and anyone else at the scene of the accident. We need the other driver’s information so our car accident lawyers can file insurance claims or sue them.
Remember, you may file a claim with your own no-fault coverage, but this normally does not cover vehicle damage, and you may still need to file a claim with the at-fault driver’s liability coverage.
Photograph the Accident
If you can, take photos and record videos of the accident scene while you wait for help. The authorities will clear the accident scene as soon as possible, and important evidence may be lost forever. Your photos and videos may preserve the accident scene, and we can use them as evidence in an insurance claim or a lawsuit.
Call an Attorney
Contact an attorney to discuss your accident and claims for damages as soon as possible. You have a limited time in which to file insurance claims or a lawsuit. The sooner you begin working with a lawyer, the more time they will have to prepare your case.
How Does Auto Insurance Affect Your Car Accident Lawsuit in Warwick, NY?
New York requires all drivers to have no-fault personal injury protection (PIP) insurance. Drivers should be covered no matter who is at fault for the accident, but insurance may be limited, and suing is not as easy as you might think.
No-Fault Insurance Requirements
New York drivers must have PIP insurance. After an accident, drivers must file first-party claims with their PIP coverage within 30 days. Your insurance should cover you no matter who is at fault, and you do not have to prove to your insurance company who caused the accident.
PIP insurance helps cover medical bills and about 80% of your lost earnings, but it usually does not cover vehicle damage. As such, you may need to file a third-party claim with the other driver’s insurance to cover the costs of vehicle damages, and you must be prepared to prove fault.
Serious Injuries
If you wish to sue the at-fault driver for damages, you must have a “serious injury” as defined by New York law. Such injuries include at least one of the following:
- Death (family would sue on behalf of the deceased victim)
- Significant disfigurement
- Fractures
- Dismemberment
- Loss of a fetus
- Permanent loss of a bodily organ, member, system, or function
- Permanent consequential limitation of use of a bodily member or organ
- Significant limitation of a bodily system or function
What if the At-Fault Driver in an Accident is Uninsured?
Unfortunately, some drivers do not have insurance as they are required to, and you might have a harder time getting all your damages covered after an accident.
Your No-Fault Coverage Should Still Help
Since drivers typically file first-party claims with their own PIP coverage, it might not matter if the at-fault driver is uninsured. However, your PIP coverage is limited, especially if your policy only meets minimum insurance requirements.
PIP coverage generally does not cover vehicle and property damage, and you would have to file a third-party claim with the at-fault driver’s liability coverage for those damages. However, if the other driver is uninsured, you may need to explore other legal options.
Suing the At-Fault Driver
You want to sue the other driver, but they are uninsured. What next?
You may still bring a claim against the other driver if your injuries satisfy the “serious injury” rule. However, it may be difficult or impossible for the other driver to pay your damages out of pocket, which is why it is important to see how much their insurance covers.
Uninsured and Underinsured Motorist Coverage
Your uninsured motorist coverage can help you obtain compensation. You should file a PIP claim first and notify your insurance company that the other driver is uninsured. Your insurance company should help you open an uninsured motorist claim.
Similar “underinsured motorist coverage” may apply if the defendant’s insurance limit is too low to cover your damages.
Do You Have to File an Auto Insurance Claim Before a Lawsuit in Warwick, NY?
In New York, drivers are generally required to file PIP claims within 30 days of an accident. If you want to sue the other driver, you still must file a PIP claim first.
You may sue only if your injuries meet the serious injury threshold. Lawsuits often focus on non-economic damages, such as pain and suffering, because PIP insurance does not cover them.
What Should You Do if the At-Fault Driver Flees the Accident Scene?
Call 911 immediately. Ask for help and explain that the other driver ran. The police may quickly search for the other driver based on the description you provide. Sometimes, the police can locate the other driver within a few short hours and bring them to justice.
If they cannot be located, your uninsured motorist insurance may cover the hit and run.
Discuss Your Case with Our Car Accident Attorneys in Middletown, NY
Ask our car accident lawyers for a free, private case evaluation by calling Basch, Keegan & Spada at (845) 303-2748.