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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:
  1. Be sure that either you or the police have obtained the names, addresses and telephone numbers of all the other drivers and passengers involved.
  2. Be sure that either you or the police have obtained the ownership, license number, year and make, names of the insurance companies and policy numbers of all the automobiles involved in the accident.
  3. Take pictures of the accident scene and property damage.
  4. Talk to the police and give the police an accurate report regarding the accident. Remember to get the name and badge number of any police officials who appear at the accident scene.
  5. Be sure that either you or the police have obtained the names, addresses and telephone numbers of as many witnesses as possible.
 
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.
  1. Obtain a copy of the police report by contacting the police agency that was at the accident scene.
  2. Make your own report of the accident by writing down all of the details of the accident, such as date and time, road conditions, weather conditions, estimated speed of all other cars involved, and any other information which you believe is relevant to the happening of the accident such as a diagram of the accident showing the position and direction of the cars just prior to and after the accident.
 
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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