New York’s personal injury law firmClick For Your Free Consulation
Posted in Car Accidents on June 8, 2022
A fender bender generally describes a minor car accident. Typically, the parties are not seriously injured, and there is only minor property damage. The city reports roughly one-third of accidents each month involve injuries or death.
If a car crash does not result in injuries, you must stop and exchange information with the other drivers involved in the accident. You must provide your name, address, and insurance information. You must also file an accident report with the NYC Department of Motor Vehicles if the car accident resulted in more than $1,000 in property damage.
Accidents involving injuries require you to stop and render aid. Call 911 to report the accident. Police officers are required to investigate and file an accident report when a traffic accident results in injuries.
It can be difficult to know whether you were injured in the car crash or how much damage was done to your car. If the car wreck resulted in a few dents and scratches, it might be sufficient to exchange information with the other driver and report the accident to the DMV. You should also report the crash to your insurance company.
However, minor car crashes can result in serious injuries.
A rear-end crash can cause neck and back injuries. You might require several months of physical therapy to recover from the injury. A minor car crash can also result in a traumatic brain injury, especially if your head hits the steering wheel or window.
It is always best to be checked by a doctor after a car accident. However, at the crash scene, it is better to err on the side of caution. If you believe there is any chance that you could have been injured, call 911 to report the crash and request assistance.
New York requires drivers to have a minimum of $50,000 in no-fault insurance (Personal Injury Protection or PIP) for car accidents. PIP pays benefits to the covered party, regardless of who caused the accident. Therefore, for a minor fender bender, you likely will be dealing with your insurance company when filing a claim.
No-fault insurance compensates you for economic damages caused by a car accident. However, there are limitations on benefits.
You should receive reimbursement for necessary medical expenses related to the fender bender. You can also receive up to $25 a day for other expenses and 80% of your lost wages if your doctor states that you cannot work during your recovery.
No-fault insurance does not compensate you for non-economic damages. These damages represent the pain and suffering you experienced because of a car accident.
You can sue the other driver if they caused a car accident and your economic damages exceed the limits of your PIP coverage. If you sustained serious injuries in the car accident, you could recover compensation for your pain and suffering damages.
Serious injuries are defined in the New York code as:
Motorcyclists are not bound by the same no-fault insurance rules as other motorists. Motorcycle riders can file a lawsuit against an at-fault driver if they sustain any damages from the traffic accident.
Having sound legal advice after a car accident is wise under any circumstances. However, if your insurance company denies your no-fault insurance claim, you should consider hiring a personal injury lawyer. If you sustained serious injuries, you should also consult a car accident attorney as soon as possible.
Injury lawyers have the resources to investigate car accidents to gather evidence proving the other driver caused the crash. If you sue the other driver, you have the burden of proving the other driver was at fault.
Insurance companies use various tactics to avoid paying car accident claims. For example, the insurance provider might allege that you contributed to the cause of the crash. Under New York contributory fault laws, your compensation for damages can be reduced by your percentage of fault for the cause of the crash.
The insurance adjuster might claim that the accident did not cause your injuries if you did not seek prompt medical treatment after a fender bender. The company could also allege that you failed to mitigate damages by delaying medical care.
Having a lawyer handle your car accident case means you have someone to protect you from bad faith insurance practices. You can also have peace of mind that your lawyer will fight to maximize the money you receive for a car accident claim.
If you need legal assistance, contact the New York City car accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242