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Car accidents happen to many Long Islanders, and the way to protect your rights and get fair compensation is to be familiar with the laws governing them.

Whether you’ve been in a fender bender or major collision, knowing what to do in the seconds after an accident and how the laws in New York will impact you can make a significant difference in the outcome of your case.

From learning about the no-fault insurance policy to the time limitations on filing your lawsuit, being informed is your best defense. This article provides Long Island citizens with what they need to know about the laws of car accidents, from reporting the crash to negotiating with insurance companies and compensation.

With knowledge, you will be better equipped to deal with any car crash scenario you might find yourself in.

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1. Knowing Your Rights After Automobile Accident

First and foremost, it is essential to understand your rights after a car accident. In New York, the law is designed to protect victims and ensure they receive fair compensation for their injuries and damages. For instance, the state of New York operates on a no-fault basis within the insurance world.

Hence, regardless of who is responsible for the accident, your insurance will cover you up to a point for your medical expenses and lost wages. This does not mean you are precluded from asking for additional compensation if the accident resulted from another party’s negligence.

In Long Island, if the damages are severe or exceed the no-fault coverage, you can sue the at-fault driver in the personal injury action. This is where the experience of experienced Long Island car accident lawyers is needed.

The lawyers will be able to navigate you through the complexity of the law so that your rights are not violated and you receive the compensation you are entitled to. Providing all the necessary documents in court and proving that the driver is at fault and their ignorance led to your injuries.

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2. Why Accident Needs to be Reported?

One of the most important things to do after a car accident is to report it to the police.

In New York, the law mandates you to report any accident that involves injury, death, or more than $1,000 worth of property damage. Not reporting the accident can lead to fines and even your driver’s license suspension.

Once the police arrive at the accident scene, they will document the accident in an official accident report. This is invaluable testimony if you are claiming personal injury. This will include the date of the accident, the time of the accident, the location of the accident, the drivers’ statements, and the statements of the witnesses.

Get this report copied as soon as possible because it will strengthen your case.

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3. Statute of Limitations for Car Accident Claims

Another essential element of the law of car accidents on Long Island is the statute of limitations. This is how long you will have to bring suit after the accident. Concerning the personal injuries statute of limitations in the State of New York, it is generally three years from the accident date.

Regarding property damages claims, the timeframe is slightly shorter at three years.

Also, if you fail to pursue your claim now, you may lose your compensation claim entirely. You need to move fast then and consult a legal professional as soon as possible after the accident. They will be able to ensure that all the paperwork that needs to be completed is done in time and that your case runs smoothly.

4. Comparative Negligence in New York

New York applies the theory of comparative negligence in the case of auto accident claims. This means you will still receive damages even if you contributed to the accident. Your damages will only be reduced to the extent of fault attributed to you.

For example, if you are found to be 20% at fault for the accident, and the total damages are 100,000,you would only be able to recover 80,000. This rule rules the ruleset  of having an experienced lawyer who can present your case well and reduce the amount of fault that is attributed to

5. Types of Compensation Provided

After you’ve been in a car accident, you can qualify for numerous compensations depending on the details of your case. Some of the compensations include:

• Medical Expenses: These entitle you to all the expenditures related to your treatment, like hospitalization, operations, medicines, and rehabilitation.
• Lost Wages: If your injuries keep you from working, you can recover your lost wages.
• Pain and Suffering: This is for physical and emotional pain caused by the accident and your injury.
• Property Damage: You can also recover for damage or loss to your vehicle or other personal property.

6. Role of the Insurance Companies

One of the most challenging aspects of the auto accident claim is dealing with the insurers. Even though insurers owe the duty to act fairly, insurance providers are businesses and making profits is their number-one concern. They will try to lower your claim or deny it entirely.

Having the right lawyer on your side will make the process even. The lawyer will handle all the communication with the insurance company to ensure that your rights are not trampled and that you receive fair compensation.

The lawyer will also read your policy’s fine print and inform you of coverage exclusions and limitations that will apply.

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7.  Things to Do Immediately After the Accident

Knowing what to do immediately after the auto accident makes a difference in your claim’s outcome. Here’s what to do:

• Take photographs of the accident scene.
• Check for Injury: Check yourself and others first to determine if anyone is injured. If you find someone injured, call 911 right away.
• Move to Safety: If you can, drive your vehicle to the safety of another location to avoid further accidents.
• Call the Police: Even if the accident is minor, obtaining an official report is preferable.
• Exchange Information: Exchange contact and insurance information with the other party(ies) involved.
• Record the Scene: Photo the accident scene, vehicle damage, and visible injuries.
• Seek the Doctor’s Advice: Even if you feel perfectly fine, you should visit the doctor because you might not know you’ve been injured.
• Contact Legal Advice: At the initial point of contact, obtain legal advice to guide you on the way forward.

Sum Up

Car accidents may seem formidable, but knowing the law at play will make it easier to cope with what is to come. Knowing your rights is your best defense. If you were injured in a car accident or know someone injured in one, don’t delay obtaining the counsel you will require to protect your rights and receive the damages you are owed.

Veteran car accident lawyers on Long Island will provide the counsel and representation you will require to protect your rights and recover the damages you are owed.