What You Should and Should Not Do After a Car Accident in New York City

Posted in Car Accidents on March 24, 2022

After a car accident, you may be injured. You will likely be flustered. And if you have never had an accident before, you might be lost as to what you should do.

The steps you take after a car accident can have wide-ranging impacts. Your actions could help determine whether you can recover compensation for any injuries you’ve suffered. They could even open you up to liability for the injuries suffered by others in the accident.

Here are some tips for what you should and should not do after a car accident in New York City.

Liability for Car Accidents

New York uses a no-fault system of auto insurance. This means that people who are injured in a car accident must first look to their insurer for injury compensation.

An insurer pays benefits without regard to fault. The insurer only looks at the following questions:

Did the accident cause the injuries?
Was the treatment reasonable?

If the insurer answers yes to both these questions, it will pay for your medical treatment and a portion of your lost wages.

If your medical bills exceed your policy limits or you suffer a serious injury, New York law allows you to pursue compensation from the at-fault driver and their insurer.

This means that your actions after a car accident could come under scrutiny by both your insurer and the at-fault driver’s insurer. If they find any issue with what you did or said after the accident, they can deny your injury claim.

What You Should and Should Not Do at the Accident Scene

You should always stop at the accident scene and determine the extent of the damage and injuries. If you fail to stop and render aid, prosecutors could charge you with a hit and run.

You should also report the accident to the police if anyone was injured or killed. New York law requires you to report accidents with injuries or fatalities. By calling the police, you can avoid criminal prosecution for failing to report the accident.

You should cooperate with the police while they investigate the accident. The investigating officers will produce an accident report and your cooperation will help them produce an accurate report.

At the same time, do not admit liability or fault for the accident. Stick to the facts and do not offer opinions about your role or the role of the other driver. The investigating officers will figure out what happened based on their investigation.

What You Should and Should Not Do If You Were Injured

If you suffered an injury, tell the officers. They will help you get emergency medical treatment. They will also note your injuries in the accident report. This will help you when you file an injury claim later.

After you leave the accident scene, seek medical attention. This will document the severity and nature of your injuries. It will also give you an estimate of your current and future medical expenses. You need to know this information for your injury claim.

You should follow your doctor’s advice, including taking time off if the doctor excuses you from work. If you fail to follow your doctor’s instructions, you might bear the blame for worsening your injuries.

What You Should and Should Not Do When Reporting the Accident to Your Insurer

You should report your accident to your insurer as quickly as possible. Insurance companies tend to look at your claim skeptically if you wait to contact them.

The insurer will want to take your recorded statement. You should decline to give a recorded statement or speak to a lawyer before giving one. Claims adjusters can use the statement to deny your claim.

You should consider speaking to an injury lawyer regardless of whether you give a statement or not. Most injury lawyers offer a free consultation. Use this consultation to learn how the lawyer can help with your case.

Contact Our Car Accident Law Firm in New York, NY

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
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600