A car accident is completely unexpected, and it can have a devastating impact on your life. Your actions following a collision can make a big difference in your compensation. Taking the right steps will safeguard your health and set the groundwork for a successful claim when you seek compensation for your injuries.
Ensure Safety and Check for Injuries
In the chaotic moments following a car accident, your safety is the most important concern. Assess your well-being and that of your passengers by checking for injuries. If anyone is injured, call 911 right away for emergency assistance. As soon as everyone’s safety is assured, move your vehicle to a safe area if possible. Turn on your hazard lights to alert other drivers of the situation.
Contact Law Enforcement
Even if you don’t have to call 911, you’ll want to call the NYPD so they can respond to the accident. A police officer will assess the scene, gather information, and compile an official accident report. This report serves as a formal record of the incident and will be required for insurance claims and any potential legal proceedings.
When speaking with the officers, provide a clear account of what happened. Avoid speculating about the causes of the accident or admitting fault.
The police report contains the official details of the incident, including the police officer’s observations, statements from involved parties, and any citations issued. It’s very useful when filing a car accident insurance claim because it provides an unbiased account of the crash. In New York City, you can request the report online through the police department’s website or pick it up in person.
Exchange Driver Information
As soon as all injuries have been addressed and you are out of harm’s way, exchange information with any drivers involved in the accident. This includes obtaining their full name, contact details, driver’s license number, license plate number, and insurance information. If possible, it’s a good practice to take clear photos of their driver’s license and insurance card. While exchanging details, try to remain calm and avoid discussing details about the accident.
Gather Witness Information
Witness testimonies are crucial in establishing the facts of a car accident. If there are bystanders who observed the incident, politely ask for their contact information. This will make it easier for your car accident attorney to contact them later for interviews.
Document the Accident Scene
Having clear evidence of the accident scene is essential for insurance claims and potential legal proceedings.
Take Photos and Videos of the Scene
Capturing photos and videos of the accident will provide key evidence. Use your smartphone to take clear images of the vehicles involved, focusing on the points of impact and any visible damage. Include wide shots that capture the entire scene as well as close-ups of specific damage. Document relevant details such as skid marks, road conditions, and traffic signs that might have influenced the accident.
You’ll want to take pictures of any visible injuries sustained by yourself or passengers. Videos can offer a more dynamic perspective, particularly if you narrate key observations while recording. This visual evidence is invaluable for your car accident insurance claim, providing clear, timestamped records of the scene.
Note Road and Weather Conditions
Accurately noting road and weather conditions at the time of the accident can help you piece together the factors that contributed to the incident. Start by documenting the state of the road surface—whether it was wet, dry, icy, or covered with debris. Identify any road construction or obstacles that might have impacted visibility or movement.
Weather plays a significant role in driving conditions, so record details such as rain, fog, snow, or bright sunlight that could have affected visibility or vehicle control. These environmental factors can influence both the cause and severity of an accident, providing essential context for your car accident insurance claim.
Keep Records of All Medical Appointments
After a car accident, it’s a good idea to maintain comprehensive medical records. This includes all your medical appointments, treatments, prescriptions, and healthcare provider communications. These records offer a detailed timeline of your injuries and recovery process, which is crucial when filing a car accident insurance claim.
Insurance companies often scrutinize claims for evidence of genuine injury and necessary medical care, making thorough documentation indispensable. Your lawyer will use this information to build a robust case should you seek compensation for medical costs, lost wages, pain and suffering, and other expenses.
Notify Your Insurance Company
After a car accident, report the incident to your insurance company as soon as possible. When you file a claim with your insurance company, you’ll want to include the police report, photos, witness contacts, medical bills, repair estimates, and all other relevant information.
How to File an Insurance Claim
Begin by reviewing your policy documents to grasp what is covered under your plan, including medical payments, liability, and damage to your vehicle. Knowing the specifics of your coverage helps set realistic expectations for the claims process and informs you of any out-of-pocket expenses you might incur.
It’s important to understand the liability limits and any deductibles that apply. If you have questions about your policy, a New York City car accident lawyer can help interpret complex insurance language and advise you on potential legal actions.
Common Mistakes to Avoid After a Car Accident
Avoiding common mistakes after a car accident is crucial to protecting your legal rights and ensuring a smooth claims process.
Admitting Fault or Apologizing
Never admit fault or apologize for the accident at the scene because this could inadvertently compromise your position when you file a claim. Evidence from the accident scene, witness interviews, and official reports will be used to determine fault for the accident.
Failing to Document the Accident
Failing to take photos or gather witness information can reduce your ability to prove what happened, and this could negatively impact your car accident insurance claim.
How a Lawyer Can Help With Your Claim
It’s very beneficial to enlist the assistance of a New York City personal injury lawyer. Your attorney will offer helpful legal advice, and they can also negotiate with insurance companies, aiming to secure a fair settlement that covers medical bills, property damage, and any other losses. If you decide to litigate your case, your car accident lawyer will represent you throughout the legal process.
Speak With Our Experienced NYC Car Accident Attorneys Today
For over 50 years, the experienced attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have been getting justice for car accident victims in New York City. We’ve won over a billion dollars in verdicts and settlements for our clients! Our law firm has a 10.0 Superb rating from Avvo and an AV Rating from Martindale-Hubbell.
Call (212) 986-7353 to schedule a FREE consultation with one of our NYC car accident attorneys.
