What to Do After a Car Accident
Car accidents happen fast, and the aftermath can be confusing. At Salenger, Sack, Kimmel & Bavaro, LLP, we know how overwhelming it can be to figure out what steps to take and which insurance will cover the costs. Here’s a quick guide to help you understand what to do right after an accident and navigate the often complicated insurance landscape under New York law.
1. Ensure Everyone's Safety First
Your priority should always be safety. Check yourself and others for injuries and call 911 if anyone is hurt. In New York, you’re legally required to report an accident to the police if there are injuries, deaths, or significant property damage. If possible, move your vehicle to a safe spot to prevent further collisions but stay close to the scene. (NYS DMV Accident Report Form)
2. Exchange Information and Gather Evidence
Start by exchanging information with the other driver(s). Get names, phone numbers, addresses, driver’s license numbers, and insurance details. Use your phone to take photos of the scene, the vehicles involved, and any visible injuries. This documentation can be crucial for your insurance claim and any potential legal action.
3. Contact Your Insurance Company
New York is a “no-fault” insurance state, which means your own insurance company covers your medical expenses, lost wages, and other reasonable costs, regardless of who was at fault. Report the accident to your insurance company as soon as possible to start the claim process. Be clear and honest when describing what happened; your insurer will guide you through the next steps.
How Do New York’s No-Fault Car Insurance Laws Affect Your Auto Accident Case?
New York is one of several states with a no-fault car insurance system, which affects how you handle insurance claims after an accident.
What Does No-Fault Insurance Cover in New York?
Under New York’s no-fault system, all drivers are required to carry Personal Injury Protection (PIP) and Medical Payments (MedPay) insurance in certain minimum amounts. These policies automatically cover certain losses, or “damages,” regardless of fault. Here’s what no-fault insurance includes:
- Medical Expenses: No-fault insurance will cover all “reasonable and necessary” medical expenses related to the accident. This includes hospital bills, surgeries, medication, and rehabilitation costs.
- Lost Income: If you are unable to work due to the accident, no-fault insurance provides compensation for 80% of your lost wages, up to $2,000 per month, for up to three years.
- Out-of-Pocket Expenses: No-fault insurance pays up to $25 a day for other “reasonable and necessary” expenses related to the accident, such as transportation to medical appointments or hiring help for household tasks.
- Death Benefits: In the tragic event of a fatality, no-fault insurance provides a $2,000 death benefit to the estate of the deceased.
No-fault insurance coverage extends beyond just the driver—it also covers vehicle passengers, bicyclists, and pedestrians injured in an accident.
Filing a Claim Under New York’s No-Fault System
If you’re injured in a car accident, you can file a PIP or MedPay claim with your auto insurance provider without needing to prove that the other party was at fault. However, it’s important to understand that no-fault insurance has its limitations:
No Coverage for Pain and Suffering: No-fault insurance does not provide compensation for non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life.
Coverage Limits: The coverage provided by PIP or MedPay may not be sufficient to fully compensate you for all your accident-related damages, especially in cases involving serious injuries.
When Can You Step Outside the No-Fault System?
New York’s no-fault laws are designed to streamline claims for minor injuries, but if your injuries meet the state's “serious injury” threshold, you can step outside the no-fault system and file a lawsuit against the at-fault driver. Serious injuries include:
- Significant disfigurement
- Bone fractures
- Permanent limitation of use of a body organ or member
- Full disability for 90 days or more
By stepping outside the no-fault system, you can seek compensation for both economic and non-economic damages, such as pain and suffering.
Supplementary Uninsured/Underinsured Motorist (SUM) Coverage
In addition to no-fault insurance, It is strongly recommended to have Supplementary Uninsured/Underinsured Motorist (SUM) coverage. SUM coverage provides additional protection if you’re involved in an accident with a driver who either doesn’t have insurance or has insufficient coverage to fully compensate you for your injuries and damages.
Uninsured Motorist Coverage: If the at-fault driver lacks insurance, SUM coverage can help cover your medical expenses and damages.
Underinsured Motorist Coverage: If the at-fault driver has insurance but not enough to cover all your costs, SUM coverage can bridge the gap between their coverage limits and your actual expenses.
Navigating the aftermath of a car accident in New York can be challenging, but keeping these key points in mind can help:
Know Your Rights: Understand that New York’s no-fault system is designed to ensure quick payment for medical bills and lost wages, but it has its limits.
Stay Organized: Keep all documents, receipts, and evidence related to the accident. This will help you build a stronger case for your insurance claim or any potential legal action.
Consult an Attorney: If you’re facing serious injuries or complex insurance issues, don’t hesitate to reach out to an attorney who knows New York law. We can help you navigate the process and advocate for the compensation you deserve.
At Salenger, Sack, Kimmel & Bavaro, our attorneys have extensive experience handling car accident cases throughout New York.
Contact us for a FREE consultation—we’re here to help you every step of the way.