Steps to take following a motor vehicle accident in New York

If you have ever found yourself involved in a motor vehicle accident, you know that it can be a traumatic experience, especially if the collision is a 'hit and run'. If you ever find yourself in this situation, it is important to know your rights and what you are able to do in seeking legal recourse, including collecting money for medical bills, loss of earnings and pain and suffering.

In this article, New York personal injury attorney Mark Weissman outlines your rights if you or someone you love is involved in an accident, and walks through the process step-by-step.

The Information you Need to Gather
While many assume that if a vehicle responsible for an accident leaves the scene that they have no legal recourse, in New York, quite the opposite is true—if of course the injured party takes some important steps. The first thing you will want to do is try to gather as much information about the other vehicle as possible, this includes: license plate, make, model and color, and the names and contact information of any witnesses. Compiling this information will be crucial to you as you move through any legal action and insurance claims.

Call Emergency Services
Once you have recorded as much information as you can, you will want to call the police and ask them to come to the scene of the accident and prepare a report of the accident even if you are not badly injured. Throughout my experience handling personal injury claims resulting from collisions, certain injuries to the neck and back do not manifest themselves for several hours or days after an accident. If you have sustained any injuries, call an ambulance as well and ask to be taken to the emergency room for x-rays and further medical evaluation. If you, for whatever reason, do not call the police to come to the accident scene, you can fill out a report at the nearest police station within 24 hours of the accident.

Seek Professional Help
Once you have taken the initial steps towards filing a police report and attending to any injuries you might have; I suggest that you contact an attorney who specializes in the field of personal injury. You will want to provide them with as much information about the accident as you are able, this includes a licence plate number if you have one. Your attorney will be able to track the plate to the owner of the vehicle and a claim can be brought against the vehicle’s owner, even if the owner was not the driver at the time of the incident. If the vehicle cannot be identified; however, and you or a member of your household own a motor vehicle, your attorney can bring an uninsured motorist claim with your own insurance company.

Luckily, uninsured motorist coverage protects you if you are in a hit and run accident. But don’t worry, your insurance premiums are not affected by bringing an uninsured motorist claim. My team and I highly suggest filing your claims through your attorney, as they will ensure that you are getting the benefits you are entitled to.

If you do not own a motor vehicle, you may be eligible to receive uninsured motorist benefits from a New York State agency known as the Motor Vehicle Accident Indemnification Corporation (MVAIC). This corporation was created by the New York State legislature, and the funds come from insurance companies in proportion to their respective premium writings in New York. These assessments are then passed on to the purchases of motor vehicle insurance as a part of their premium. It is important to note that you need to report the accident to police within 24 hours of the accident or MVAIC will likely deny your claim.

It is important to note that uninsured motorist claims, whether with your insurance company or with MVAIC, claims must be filed within 90 days of the date of the accident. In addition to a claim for your pain and suffering when involved in a hit and run, you are also entitled to receive compensation for your medical bills and list wages through No-Fault coverage—this needs to be filed within 30 days of the date of the accident.

-MW

This article is not intended to constitute legal advice or the provision of legal services. By posting and maintaining this blog and its contents, The Law Offices of Marcel Weisman and Mark Weissman does not intend to solicit business from clients located in states or jurisdictions where they are not authorized or licensed to practice law.

About the author

Mark Weissman has been a personal injury attorney for more than 25 years in the state of New York. Following in his father's footsteps, Weissman joined the family business following a brief career in commercial law , and has since launched his own real estate investment firm. Mark and his wife Sharon, live in Lawrence, New York, and enjoy spending time with their four children and nine grandchildren.