Car accidents can be a traumatic experience for anyone involved. It can be even more stressful when determining fault, especially in a state like New York where there are specific laws and regulations surrounding car accidents. In this blog post, we will discuss how to determine fault in a New York car accident.
Contact the Police
The first step in determining fault in a New York car accident is to contact the police immediately. When the police arrive, they will assess the situation, gather information from all parties involved, and file a report. The police report will contain important details about the accident, such as the date and time, location, weather conditions, and statements from witnesses.
Document the Accident
It is important to document the accident scene as much as possible. Take photos of the damage to all vehicles involved, the location of the accident, and any other relevant details such as skid marks on the road. If there were any witnesses, get their contact information and ask if they would be willing to provide a statement to the police or your insurance company.
Exchange Information
Exchange information with the other driver involved in the accident. This should include their name, contact information, insurance company and policy number, and the make and model of their car. If there were any passengers in either car, get their contact information as well.
Contact Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Provide them with the police report, any witness statements, and photos of the accident scene. Your insurance company will investigate the accident and determine fault based on the information provided.
Consider Hiring an Attorney
If there is a dispute over who is at fault for the accident, it may be necessary to hire an attorney. An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Follow New York’s No-Fault Law
New York is a no-fault state, which means that each driver’s insurance company is responsible for covering their own medical expenses and lost wages, regardless of who is at fault for the accident. However, there are certain exceptions to this rule, such as if the accident resulted in serious injury or death.
Determining fault in a New York car accident can be a complicated process. However, by following these steps, you can ensure that you have the necessary information to report the accident to your insurance company and potentially seek compensation for any damages or injuries sustained. Remember to always drive safely and follow the rules of the road to avoid accidents in the first place.
Understand New York’s Comparative Negligence Law
It is important to note that New York follows the comparative negligence law. This means that even if you are found to be partially at fault for the accident, you may still be able to recover damages from the other driver’s insurance company. However, the amount of damages you can recover will be reduced by the percentage of fault assigned to you. For example, if you are found to be 25% at fault for the accident, you can only recover 75% of the damages.
Seek Medical Attention
Even if you don’t think you are injured, it is important to seek medical attention after a car accident. Some injuries may not be immediately apparent and can worsen over time if left untreated. Additionally, seeking medical attention will provide documentation of any injuries sustained, which can be important when determining fault and seeking compensation.
Be Cautious of Insurance Adjusters
After a car accident, you may receive a call from an insurance adjuster representing the other driver’s insurance company. It is important to be cautious when speaking with them, as their main goal is to minimize the amount of money their company has to pay out for the accident. Be honest about what happened, but do not admit fault or provide too much information.
Stay Calm
Car accidents can be stressful and emotional, but it is important to stay calm throughout the process. Avoid getting into arguments with the other driver or anyone else involved in the accident. Instead, focus on gathering information, documenting the accident, and following the necessary steps to determine fault.
Determining fault in a New York car accident can be a complex and challenging process. By following these steps and seeking legal advice if necessary, you can ensure that you receive the compensation you deserve for any damages or injuries sustained. Remember to always prioritize your safety and the safety of others on the road by driving responsibly and obeying traffic laws.
At Friedman & Ranzenhofer, PC, we can provide valuable assistance in determining fault in a New York car accident by conducting a thorough investigation, representing clients in court, negotiating with insurance companies, and providing legal advice. We have the knowledge and experience necessary to ensure that clients receive fair compensation for any damages or injuries sustained in a car accident. Our attorneys can investigate the accident, interview witnesses, and gather evidence to build a strong case. We can also negotiate with insurance companies on behalf of our clients to ensure that they receive the maximum amount of compensation possible. Additionally, we can provide legal advice throughout the process and guide our clients through the complex legal process.