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Legal Insights: Navigating Insurance and Legal Matters After a Car Accident



Navigating insurance and legal matters after a car accident in New York can be complex and overwhelming, which is why you should contact a car accident attorney for a consultation on your case.

A qualified attorney can help you understand personal injury law and other regulations in New York, prepare your claim, and help you gather evidence, negotiate on your behalf, and ensure that you receive proper compensation for your injuries and other losses.

In more complex cases, a lawyer will work alongside other experts who will give their testimonies to advance your case and ensure your rights are protected. Here is what you should know about car accidents in New York and how to proceed:

Reporting the Accident & Seeking Medical Attention

In New York, it is mandatory to call the police if a car accident results in injury or death or damage to vehicles and other property exceeding $1,000. When you contact law enforcement, they will create an official accident report, which can be valuable for insurance and legal purposes.

If you or anyone involved in the accident is injured, request immediate medical attention. Prompt medical evaluation not only ensures your well-being but also establishes a record of your injuries, which will be necessary for insurance claims and legal proceedings.

Notify Your Insurance Company & Understanding No-Fault Insurance

When you’re involved in a car accident, you should contact your insurance provider. Report the accident promptly to avoid denial of coverage. Since New York follows the no-fault system, your insurance company is responsible for covering your medical expenses and other economic losses up to your policy limits, regardless of who caused the accident. There are certain limitations and requirements of no-fault insurance coverage. However, it depends on each policyholder’s situation.

The Statute of Limitations and Comparative Negligence System

A crucial law that all drivers must adhere to to pursue their claim is New York’s statute of limitations on car accidents. If you want to pursue a car accident lawsuit, you have three years from the accident date to file a claim.

If you do not file within this legal deadline, you might lose your right to pursue a lawsuit and seek compensation for your injuries and property damage. New York also follows the comparative negligence rule, which means that your compensation will be reduced in proportion to your percentage of fault.

This is why it’s crucial to consult with an attorney to protect your rights and determine how comparable negligence may impact your case.

Collecting Evidence

To ensure a successful car accident claim in New York, you must keep thorough records of accident-related damages, including medical bills, property damage, lost wages, and other financial losses.

Retain copies of invoices and receipts and preserve any evidence of the car accident, such as photographs of the accident scene, damages, or injuries. You should also gather contact information of eyewitnesses that can help you establish liability and strengthen your case.

Work with a car accident attorney. They can help you gather evidence, guide you through the legal process, protect your rights, negotiate with insurance companies, or help you pursue a lawsuit if necessary.

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