I WAS INJURED IN A CAR ACCIDENT – NOW WHAT?
New York is a “No-Fault” insurance state, which means that your medical bills, lost earnings, and certain other costs that you have incurred due to a motor vehicle accident, are covered by the insurance policy for the vehicle that you were driving or a passenger in at the time of the accident. If you were a pedestrian, the No-Fault insurance coverage comes from the insurance policy covering the vehicle that struck you. This is true regardless of who you believe was at fault for the accident.
In order to receive No-Fault insurance coverage, you must file an application for no-fault benefits, known as form NF-2, within 30 days of the accident. No-fault will provide coverage for your qualifying economic losses (i.e. medical bills and lost earnings) up to $50,000.00.
A bodily injury claim that seeks compensation for your injuries and pain and suffering is separate from a No-Fault claim for economic loss. To succeed on a bodily injury claim you need to establish:
1. Liability on the part of the at-fault driver(s); and
2. That you sustained a “Serious Injury” as defined by Article 51 of the New York State Insurance Law.
In all personal injury cases documentation is key, and motor vehicle accidents are no different. A 911 call after a car accident not only gets you necessary emergency medical assistance, it is also the beginning of the document trail for the accident because the content of 911 calls are recorded.
When the police arrive at the scene of the accident, they perform an investigation. The police investigation involves a visual inspection of the position of the vehicles involved in the accident, and the location and extent of the damage to the vehicles. The police interview the drivers of the vehicles and write down each driver’s version of how the accident happened. The police also record, among other things, the date, time and location of the accident, the names and addresses of the people involved in the accident and any witnesses to the accident, vehicle license plate numbers and insurance information and whether anyone was injured. The police then use the information gathered to create a Police Accident Report, also known as a form MV-104AN.
If possible, photographs of all vehicles involved in the accident, including photographs showing the damage to those vehicles, should be taken at the scene of the accident and saved along with the contact information for any witnesses to the accident.
If an ambulance responded to the scene of the accident to render medical aid and transport you to the hospital, the ambulance personnel will also create a written report of the encounter. This report, known as an Ambulance Call Report, typically records any complaints of injury to specific body parts, the observations of EMS personnel and a description of the treatment rendered at the scene of the accident.
It is important to keep in mind that statements made to the police and ambulance personnel may be recorded and used as evidence during litigation.
If you were injured in a motor vehicle accident it is best to consult with an attorney as soon as possible. The experienced attorneys at Nappi Klozow, LLP offer free consultations and will provide you with necessary legal advice about whether your injuries qualify as a “Serious Injury” under New York State law.
Disclaimer: The information on this website is general information only and should not be construed to be legal advice nor the formation of an attorney/client relationship.