Motor Vehicle Accidents in New York City

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Have you been involved in an automobile accident?  Was someone injured in this accident?  If the answer is yes, you may be entitled to recover damages from the responsible party.  You need to contact the attorneys at the Motor Vehicle Accident Law Offices of “insert attorney name” in New York City.  We will make sure your interests are protected.

Overview

  • In New York City, automobile accidents are the most common personal injury case in the court system.
  • Statistics show that every 5 seconds, a car accident occurs and every 13 minutes, a death happens because of a car accident.
  • Each year, there are more than 75,000 car accidents in New York, not always driver error.
  • Major factors that cause accidents include:
    • drunk driving
    • reckless driving
    • speeding
    • talking on a cell phone or to a passenger
    • driving while tired
    • road hazards - construction, potholes
    • snow on the road – icy conditions

What to do if an accident happens

  • Always call the police even if the other person wants to settle.
  • Wait at the scene for the police to arrive.
  • Exchange information with the other driver:
    • Name
    • Address
    • Telephone number
    • Driver’s license
    • Insurance company name and policy number
    • Get all passenger and witness names (if any)
    • Call an attorney as soon as you can
    • Within 30 days – get a copy of the police report
  • Keep a disposable camera in your car.  If an accident happens, take photos of all damages and surrounding areas.
  • File a state vehicle accident report.
    • Available at police stations and Motor Vehicle Department website

CLAIMS

  • If you have been injured in a car accident, you can sue for compensation.
  • You must be able to prove it was the other person’s fault.

Negligence

  • You, as a driver, are required to use reasonable care when operating an automobile.
    • If you do not, you are considered to be comparative negligent.
      • A motorist can recover damages even if they are partly to blame.
  • Examples of negligence are:
    • Drunk driving
    • Not stopping at a Stop sign
    • Going through a red light

Uninsured/Supplemental

  • If you were involved in a car accident with someone who has no insurance, your own automobile insurance policy can provide coverage.
    • Your bodily injury part of the claim can be recovered by making an uninsured motorist claim.
  • If you do not own a vehicle, New York State’s Motor Vehicle Accident Indemnification Corporation will provide benefits, including no-fault benefits.
  • You must report the accident to the police within 24 hours of it taking place.
  • Notice must be given to the Motor Vehicle Accident Indemnification Corporation within 90 days of the auto accident.

New York No-Fault Law

  • In New York State, the law eliminates fault as an issue if an automobile accident occurs because of:
    • Road hazards
    • Motor vehicle defects
    • Malfunctioning traffic lights
    • Construction
  • If you were the passenger of a car involved in an accident, you are covered under No-Fault Benefits.
    • You must file for these benefits within 30 days of the car accident.
    • Benefits include:
      • Medical bills – minimum coverage is $50,000
      • Prescription drugs
      • Lost wages – covers 80% of your salary or $2,000 per month – which ever is less

Liability / Injury

  • New York State is a comparative negligence state.
  • The claimant must prove fault and serious injury in front of a judge and/or jury.
    • Judge or jury will decide on degree of fault
    • Serious injury is also known as the threshold requirement
      • Must meet categories of a serious injury:
        • Death
        • Dismemberment
        • Pregnant – lost the fetus
        • Fracture
        • Disfigurement
        • Permanent impairment
        • Significant limitation
        • Could not work for at least half of the first 6 months following the accident

Property Damage

  • Property damage to your vehicle can be covered under collision insurance.
    • Damage is covered regardless of who is at fault.
    • If your vehicle is damaged, it would be covered under your insurance.
    • If your vehicle is a total loss, you can receive payment less the salvage value or
    • Give vehicle to insurance carrier and get full value.
  • Claim should cover costs for towing, storage and rental of another vehicle.
  • You can use the responsible party’s insurance if your policy doesn’t carry collision.

Conclusion
If you have sustained personal injuries due to another person, do not ignore them.  You might think it’s just a small injury, but it can become more serious later on.  Auto accidents take a toll on you financially and emotionally.  An attorney at the Motor Vehicle Accident Law Offices of “insert attorney name” will help you get through this. 

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