What should I do after an auto accident in New York?
Most automobile accidents in New York State are covered by what is known as “no fault” insurance. This means that your insurance carrier will pay for your medical bills (up to a certain amount) and some lost wages, no matter who was actually at fault for the accident. It does not cover all lost wages, pain and suffering, or property damage.
If you are involved in an automobile accident in New York State, never admit fault or accept blame, and immediately take photographs of any damage to any vehicles involved in the occurrence. You should also consult with a doctor as soon as possible, to ensure you aren’t injured. If you are injured, make sure to file a claim with your insurance carrier and seek legal consultation as soon as possible. Do not accept any settlement offers without speaking with an attorney first.
While no fault insurance does not cover pain and suffering, an injured party can recover for pain and suffering if they have a serious injury. A serious injury includes: death, dismemberment, significant disfigurement, loss of a fetus, fracture, permanent loss or limitation of a body organ, member, function or system, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, and medically determined injury or impairment of a non-permanent nature, which prevents the injured person from performing substantially all of the material acts that constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment. You should always consult with an attorney to see if you have a serious injury following an accident.
