- What should I do if I am in an accident?
- If the accident is not my fault, do I have to let my own insurance know about it, and if I do will they raise my insurance premiums? What kind of coverage is my insurer required to provide?
- What if I was a passenger in a friends car and he caused the accident? Do I have to sue my friend?
- What if I received a traffic citation stating I was the cause of the accident? Do I still have a case?
What should I do if I am in an accident?
The most important thing for an individual involved in an auto accident to do is to stay calm, take a deep breath and then check yourself and your passengers for obvious injuries.
The next step is to call the police and get medical assistance if necessary. It is important to call the police while you are still at the scene of the accident, so that the accident can be investigated and a police report prepared. When the police arrive, you should obtain the Precinct/Troop number of the officers, the precinct contact information and the Accident Report Number, so you can get a copy of the report later.
While waiting for the police to arrive, exchange information with any other drivers involved. DO NOT DISCUSS THE ACCIDENT WITH THEM OR BLAME ANYONE (INCLUDING YOURSELF). Write down the other motorists:
- Names
- Addresses
- Sex
- Phone numbers
- Drivers license, license plate and registration numbers
- State where their drivers license and registration were issued
- Insurance company and policy number
Make note of the name and insurance of the cars owner (which can be different than the driver). Note if any of the other motorists appear to be under any sort of outside influence (drugs, alcohol, etc.).
Write down names, addresses and phone numbers of any witnesses who saw the accident. Then note the damage to your car and other vehicles taking down the make, model, year and damage sustained to each involved car. Record the date, time, location and circumstances of the accident (you can even draw a diagram of what happened). If you have a camera with you, take photos of the accident scene and of the damage sustained by the involved vehicles.
Finally, if your vehicle was involved in the accident, get a copy of the police accident report and inform your automobile insurance company about the accident as soon as possible. Contact an attorney BEFORE YOU CALL YOUR INSURANCE COMPANY if you have questions about your legal rights. If the insurance company should call you first, DO NOT give a statement. Instead, take down any relevant information (i.e., the companys name, claim number and phone number) and advise them that your attorney will return their call.
If you or a loved one has been injured in a motor vehicle accident, or if you simply need more information, please contact us immediately at 215-557-7111 and see why I have been successful in fighting for the rights of accident victims.
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If the accident is not my fault, do I have to let my own insurance know about it, and if I do will they raise my insurance premiums? What kind of coverage is my insurer required to provide?
Yes, you need to inform your insurance company of the accident, but they cannot raise your premium if the accident was not your fault. New York is a No Fault automobile accident state. It means that your automobile insurance company is required to pay for your medical expenses up to a certain amount, depending on the policy you purchased.
What if I was a passenger in a friends car and he caused the accident? Do I have to sue my friend?
To the extent your friend has Bodily Injury Protection as part of his insurance policy, his insurance company is required by law to pay for your damages. It will also be required to hire an attorney to defend your friend if a lawsuit is filed. By purchasing insurance benefits, your friend will not have to pay for legal defense or related expenses.
What if I received a traffic citation stating I was the cause of the accident? Do I still have a case?
That depends. If the accident was not completely your fault, you can still recover damages from the other driver for that 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. |
