What to Do After a Car Accident: A Step-by-Step Guide to Protecting Yourself Legally
After a car accident, it’s natural to feel overwhelmed and unsure of the next steps. Here’s a guide to help you navigate the critical actions you need to take to protect yourself legally.
1. Call the Police Immediately
Your first priority should always be safety. Call the police right away to report the accident. Depending on your condition, try to document as much as you can—take photos of the scene, note witness statements, and collect any other evidence that could be helpful. If you're unable to do so, stay in your vehicle and wait for the authorities and emergency medical services to arrive.
2. Seek Medical Attention, Even If You Feel Fine
It’s common for people to feel fine immediately after an accident due to adrenaline, but injuries may not show up right away. Concussions, internal injuries, or soft tissue damage can become apparent later. Getting checked out by a doctor as soon as possible is vital, both for your health and for strengthening any legal claim you might pursue later. Insurance companies will scrutinize any delays in seeking treatment, potentially using it to argue that your injuries were not serious.
3. How New York’s Legal Environment Impacts Personal Injury Claims
New York has a "No-Fault" insurance law, meaning your own insurance company will cover your medical expenses up to $50,000, regardless of who caused the accident. However, to pursue a bodily injury claim against the responsible party, you must prove that you sustained a "serious injury" under New York law. This could include permanent disfigurement, loss of a body part, or death. If you’re a pedestrian, the vehicle that hit you is responsible for your medical bills, and you can still pursue a claim for bodily injury if necessary.
4. What If There’s a Dispute Over Fault?
In cases where fault is unclear, technology can be a lifesaver. I highly recommend installing a dash cam in your vehicle, as it provides clear evidence in case of disputes. Dash cam footage from vehicles, especially from those with built-in cameras like Teslas, can clearly show what happened during the accident and who is at fault.
5. Don’t Accept Insurance Offers Too Quickly
Insurance companies often try to settle quickly with lowball offers, hoping you’ll accept without knowing the full extent of your injuries or recovery. It's essential to wait until you have a complete picture of your medical needs—especially if you may need surgery or long-term treatment—before accepting any settlement. Early offers typically don’t account for future medical expenses, and agreeing to them can undermine your claim.
6. How Insurance Companies Minimize Payouts
Insurance companies may use several tactics to minimize payouts. They might argue that you had a pre-existing condition or schedule an "Independent Medical Exam" (IME) with their doctor, who could downplay the severity of your injuries. Sometimes, they use these exams to cut off or limit treatment. They may also schedule an "Examination Under Oath" (EUO) to catch inconsistencies in your statement. These tactics are meant to gather information before a full lawsuit is filed. Protect yourself by not speaking directly with the insurance company—consult with an attorney who can handle the process for you.
7. What to Do If the Insurance Company Contacts You
If the insurance company contacts you after an accident, simply tell them that you have an attorney and direct them to your legal representative. Once the insurance company knows you have legal representation, they should cease direct contact. In my experience, they typically reach out to our office, and we handle all further communication.
8. Why You Should Hire an Attorney ASAP
Insurance companies aim to pay out the least amount possible, and they may try to settle quickly. Our job as attorneys is to maximize the value of your case and ensure you get proper compensation. We handle everything—from arranging quality medical treatment to gathering evidence and submitting a settlement package to the insurance company. If the offer doesn’t meet our expectations, we’ll file a lawsuit and fight for what you deserve. Contacting an attorney early is critical to ensure we handle the legal process and help you get back on track after the accident.
9. Common Mistakes That Can Hurt Your Personal Injury Claim
One of the most common mistakes people make is speaking directly to the insurance company before hiring an attorney. Insurance companies may use anything you say against you, even if it’s not intentional. Once we are involved, we manage all communication with the insurance companies and ensure that your case is handled properly.
10. When to Contact Us
You should contact us as soon as possible after an accident. We can begin the process immediately by filing necessary claims, including the No-Fault insurance claim, which must be filed within 30 days. If you delay, you risk losing coverage for medical expenses. For accidents involving municipal vehicles, like MTA buses or city trucks, you must file a Notice of Claim within 90 days. Delaying can complicate the process, so reaching out to an attorney right away is crucial.
If you’ve been injured in a car accident, don’t navigate the legal process alone. Contact us immediately so we can protect your rights, ensure you get the treatment you need, and fight for the compensation you deserve.