Frequently Asked Questions
Auto Accident
| Q. | What should I do if I am involved in an automobile accident in New York? |
| A. | By law, you are required to Stop and Exchange Information. You are required to exchange information with (1) other drivers; (2) injured persons; (3) owners of damaged property; and (4) police of present. The information you are required to exchange are (1) name and address; (2) show your driver’s license; (3) show the insurance I.D. card; and (4) show the registration of the vehicle. |
| Q. | What if the information I am required to exchange is not available at the accident scene? |
| A. | Submit the information to the nearest police station or judicial officer as soon as possible. |
| Q. | Do I have to call the police? |
| A. | Yes, if someone is injured, if there is property damage and you cannot locate the owner of such property or anytime you feel it is necessary. |
| Q. | Do I have to fill out a formal report of the accident? |
| A. | Yes, if the property damage to one of the drivers exceeds $1,000.00, then each driver is required to fill out a report, or in the event that any person is injured or killed. The form you need to fill out can be filed with the New York State Department of Motor Vehicles and is Form MV-104 and must be filed no more than 10 days after the accident. |
| Q. | What information should I collect at the scene of the accident? |
| A. | The more information you collect, the more helpful. You should:
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| Q. | What should I do IMMEDIATELY after the accident? |
| A. | Contact your insurance representative or insurance company after the accident by telephone and send written notice to your insurance company including the date, time, place and circumstances of the accident. If you fail to do so within a reasonable amount of time, it could be grounds for the insurance company’s denying any obligation to protect your interest(s) in the event a claim is made against you. Make sure your report to your insurance company includes the names of all injured persons and the names of all available witnesses. |
| Q. | What else should I do after the accident? |
| A. |
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| Q. | What do I do if I am injured in the accident? |
| A. | You should see a doctor as soon as possible and notify your health care providers that your injuries were caused by a motor vehicle accident and provide them with your automobile insurance carrier information. You should also notify your own insurance company of your injuries in writing as soon as possible. |
| Q. | What is no-fault insurance? |
| A. | Under New York State’s compulsory no-fault automobile insurance law, a person injured in a motor vehicle accident are eligible to receive up to $50,000.00 in benefits provided they were not intoxicated, drugged or engaged in other specified criminal or anti-social behavior. These benefits do not cover claims for pain and suffering, and only apply to pecuniary losses, such as medical expenses, lost wages and other expenses. All no-fault claims must be filed within 30 days of the accident. Medical claims must be submitted within 45 days of treatment. Loss of earnings claims must be submitted within 45 days of the accident. At The Hrdlicka Law Firm, PLLC we can represent you and guide you through this process. |
*While the above information may help to answer some questions, every case has its own unique facts and circumstances and should be thoroughly reviewed in detail with your attorney.
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