Being in an automobile accident in New York City is scary, and many people don’t know what to do to protect themselves. . Your actions after an accident could significantly influence the amount of compensation you get. It would help if you were prepared with a checklist of steps to take and avoid taking to help safeguard your rights.
Let us look at how you might get the best legal recovery after sustaining injuries in a car accident in New York. The most critical step is to engage a reputable New York City automobile accident attorney. But that often comes significantly after the accident occurred, so here are a few steps you can take at the accident scene:
1. Call 911 & File A Report (but do not make statements admitting fault to the police)
For all accidents involving personal injury or property damage, you should dial 911 and wait for the police to arrive.They will investigate the site, conduct interviews with the persons involved, obtain eyewitness information, and check the vehicle.
Obtain a copy of this report after it is prepared. It will be helpful in determining who is responsible for the accident and help the attorney further investigate the crash.
2. Record the Accident Scene Immediately & Obtain Witness Contact Information
If your medical situation allows, identify witnesses and obtain their contact information after reporting the collision to the authorities. This information will be helpful for the attorney in investigating the accident. Do not just assume the police will get this information. Witnesses often leave before police arrive or the police simply do not obtain their information.l Having independent witnesses is always helpful in situations where it would otherwise be your word vs. the other party.
Gather photographic and video evidence at the scene
If your medical condition allows, also take photographs and videos of the situation while you wait for the police. Cover the damage to your car, your injuries, and the surrounding environment, including street names and any traffic control devices. Take special note of the operation of traffic lights, especially if there may be a claim that one is malfunctioning. This will assist you in proving crash-related damages and losses.
It is especially important if there is a claim that an accident happened due to bad road conditions, debris on the road, or other types of obstacles caused by negligent road maintenance or repair by a government agency.
3. Seek Medical Attention
Seek medical attention as soon as possible. Often, pain is masked right after an accident.
It's common to believe that rest will heal minor injuries. You may also be terrified of having to pay for medical treatment and, as a result, avoid seeing the doctor. There may be no obvious damage or discomfort in certain circumstances.
If you wish to sue for damages following an automobile accident in New York, you must get medical treatment as soon as possible. If your records reveal that you waited too long to consult a doctor, the insurance company may argue that your injuries were not caused by accident.
They may refuse to reimburse you on these grounds. If you do not seek medical care, insurance adjusters will presume you are faking your injury. To prevent this, get medical attention as soon as possible after an injury, even if you feel OK.
Keep all medical visits after your first therapy. There are two reasons for this:
* To guarantee that you get the necessary attention and treatment to recuperate and regain your health properly.
* To avoid the insurance company alleging that your irresponsibility exacerbated your health problems.
Describe your injuries in detail.
When you see the doctor after a vehicle accident, explain your injuries and any discomfort you are experiencing throughout your body. Any symptom, no matter how mild, should be reported. Small problems often worsen with time, and if a problem is not reported right away, it might be difficult to show that the accident caused the harm.
Inquire with your doctor about diagnostic testing. These test results will be used to prove your injury. All of your complaints will be recorded in your medical record by your doctor. When you claim compensation for your injuries, the insurance company will review your medical records.
If the medical records do not reflect the injury you say happened during the accident, the insurance adjuster may reject and refuse to pay your claim.
Keep an Injury Journal.
Human memory isn't flawless, and we often overlook little things that might make a significant impact. If you do not settle with the insurance company and instead file a lawsuit for a court trial, the court might hear your case in two or three years. You may not recall every detail till then.
To make it easy on yourself, keep a record of everything that happened during and after the accident. Make a note of your symptoms and treatments and your prescriptions, time away from work, and medical expenditures.
Never Provide a Statement to an Insurance Company
Delay speaking with the other party’s insurance company until you speak with your new york city car accident lawyer.
Following an accident, either the other party or your own insurance company will contact you. The way they speak to you and sympathise with your hurts may make you feel they are attempting to assist you. They may be attempting to catch you off guard, and benign casual statements might be distorted and used against you.
Remember that all carriers want to maximize premiums while minimizing claims, even if it is your own insurance company. They are primarily concerned with their profits, not obtaining you the money you deserve.