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With the millions of motor vehicles on the road each day, the possibility of being involved in an accident involving a motor vehicle is not a small one. Most incidents are minor and do not involve any injury. But there are times when contact with an automobile, SUV or truck can cause an injury.  A car accident is a jolting experience. Hopefully you will never be involved in a car accident but in the event that you are, tonight we will talk about some of the important that you should remember.

You have heard me say time and again on Law Beat™ that if you are injured in a car accident, make sure that you take care of yourself FIRST. Call the police and an ambulance or get yourself to a hospital or doctor and have yourself examined so that, in the event that you have suffered an injury, you can begin to receive treatment.

But you must also be aware of other things that you need to do. Of course, if you are incapacitated or if you believe that you have suffered a spinal fracture- do not move. Let the emergency medical team and the police take care of the situation.

However, if you are able, you should be sure to get all of the information you need to deal with the legal aspects of a car accident.

Important information that you must obtain includes:

If the police arrive on the scene, they will most likely obtain all of this information but you should try to get it as well otherwise you will have to wait to receive a copy of the police report before you get any of this important information.

Under the Vehicle and Traffic Law (section 600) any person operating a motor vehicle who has caused damage to the property of another due to an incident involving the motor vehicle operated by such person, that person must stop, exhibit his license and insurance identification card for such vehicle and give his name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he shall report the same as soon as physically able to the nearest police station, or judicial officer (OK, take a deep breath).

The law also requires (VTL @ 605) that every person operating a motor vehicle, which is in any manner involved in an accident in which any person is killed or injured, or in which damage to the property of any one person, including himself, in excess of one thousand dollars is sustained, shall report the matter in writing immediately.

It is important that you obtain as much information as possible and that you bring all of this information with you when you meet with your attorney. Having all of the information will make your case easier and faster to prosecute. Police reports, witnesses names and contact information, insurance information - everything that you can obtain.

Also, remember to talk to your medical care providers, whether in the hospital or in your doctor’s office. Ask questions about your condition. Ask the doctor about your diagnosis and prognosis. Ask what course of treatment you should undertake. Write this information down. This is important for your recovery.

Hopefully, you will never suffer an injury in an accident, but if you do and you wish to bring a lawsuit to receive compensation for your suffering, it is important that you have all of the information and make that information available for your attorney.

Intake Department

Elements of an Automobile Accident Law Suit

In order to commence and maintain a viable automobile accident lawsuit, aside from being able to prove the negligence of others, the injured person must be able to show that they have suffered a "serious injury" as defined by the law and that the serious injury is both "permanent" and "consequential." "Serious injury" is defined, in part, as "death," "dismemberment," "a fracture," "permanent loss of use of a body organ, member, function or system," "significant limitation of use of a body function or system," or an injury which prevents the injured person from engaging in that person’s "usual and customary daily activities" for a period of ninety (90) days out of the first one hundred and eighty (180) days after the collision.

If your doctor has diagnosed your injury and that injury meets the requirements of New York law, you may have a viable action.
Intake Department

NY No-Fault Insurance

In New York, a person who is injured in an automobile collision is entitled to receive benefits under the No-Fault Insurance Law. In order to commence a viable lawsuit, aside from being able to prove the negligence of others, the injured person must be able to show that they have suffered a "serious injury" as defined by the law and that the serious injury is both "permanent" and "consequential." "Serious injury" is defined, in part, as "death," "dismemberment," "a fracture," "permanent loss of use of a body organ, member, function or system," "significant limitation of use of a body function or system," or an injury which prevents the injured person from engaging in that person’s "usual and customary daily activities" for a period of ninety (90) days out of the first one hundred and eighty (180) days after the collision.

If your doctor has diagnosed your injury and that injury meets the requirements of New York law, you may have a viable action. Please be aware that there are specific time restraints regarding the filing for no-fault benefits and the commencing of litigation. If you believe that you have a viable action, you can go to our Intake Department for a further review of your matter.

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