When you file an accident claim on Long Island, you should expect to prove your injuries and damages to the insurance company. You will need to notify your insurer and the at-fault driver’s insurer about your collision and the resulting losses.
What Should You do Immediately Following a Car Crash on Long Island?
Doing several things promptly after your accident could benefit you:
Report Your Incident
According to NY 605(a)(1), you must report a collision involving injuries, death, or vehicle damages exceeding $1,000 to the New York State Department of Motor Vehicles within 10 days of when it occurred. Having an official report also provides evidence of your crash for any insurance claims you make.
Seek Medical Treatment
If you did not receive medical treatment at the time of your collision, you should do so as soon as possible, especially if you have any reason to suspect you are hurt.
Even if you feel fine, you could have internal damages or other injuries that are not immediately apparent. Additionally, before filing your claims, you want to make sure you understand the full extent of your injuries and treatment needs.
Notify Your Insurance Company
You should file a written notice of claim with your insurance company as soon as you can. According to the New York State Department of Financial Services, you must contact your own no-fault provider within 30 days of your crash unless you have a valid reason for the delay. You should also submit liability claims with the at-fault party’s insurer right away.
What Damages Can You Pursue with an Insurance Claim?
You can seek compensation from your own insurance company and at-fault party’s insurer. Personal injury protection insurance (PIP) provides payment for basic expenses, including:
- Medical bills
- Future medical treatment
- Rehabilitation
- Medical devices and medications
- Lost wages
- Loss of future earning capacity
- Household services
- Medical travel
PIP does not cover pain and suffering. If your injuries are severe, you could pursue these damages from the party responsible for your crash. You may win compensation for:
- Physical pain
- Loss of mobility or paralysis
- Loss of cognitive abilities
- Stress, depression, and anxiety
- Scarring and disfigurement
- Loss of a bodily function
- Insomnia
- Loss of enjoyment of life
New York State Wrongful Death Compensation
If your loved one suffered fatal injuries in a car crash, you could pursue a wrongful death settlement or verdict on their behalf. A representative of your loved one’s estate can recover losses on behalf of the estate and surviving family members. Wrongful death awards may include:
- Medical bills
- Funeral and burial costs
- The value of the survivors’ lost inheritance
- The value of the deceased’s lost support and services
- Awards for the deceased’s conscious pain and suffering
You Must Prove Negligence to Win Awards from an At-Fault Driver
If you pursue a claim against another driver, you must prove they acted negligently and that their actions caused your injuries and resulting damages. A driver is negligent if they engage in irresponsible or reckless actions. Examples include:
- Tailgating
- Speeding
- Driving while distracted (texting, eating, eyes off the road)
- Driving drowsy or falling asleep behind the wheel
- Making an improper turn
- Failing to yield
- Failing to stop at a stoplight or sign
- Driving under the influence of drugs or alcohol
- Failing to stay in the proper lane
- Driving without a license/driving while revoked
Multiple drivers or other parties could be involved in your claim. For instance, if your collision involved faulty vehicle parts or a problem with the roadway, you might have a claim against a carmaker, vehicle parts manufacturer, or government entity.
What Evidence will You Need?
You will need to prove to the insurance company that their policyholder caused your collision. They will look for reasons to deny your claim and reduce your payout. So, the more evidence of fault you can provide, the greater your chances of securing a successful settlement.
You can build a case using:
- Crash reports
- Eyewitness statements
- Photographs or video footage of your crash
- Photographs of your injuries
- Expert medical opinions
- Testimony from a crash reconstruction expert
- Medical bills and proof of other expenses
What Happens if Your Insurance Claim is Not Successful?
If the insurance company acts in bad faith, denies your claim, or does not offer a satisfactory settlement, you could seek compensation with a lawsuit.
According to CPLR § 214, you generally have three years to file a personal injury case in civil court and two years to file a wrongful death action under EPTL § 5-4.1. However, exceptions could shorten your deadline. Depending on the situation, you could have as little as 90 days to act.
Let a Lawyer with Rosenberg & Gluck, L.L.P. Handle Your Claim
Our firm can take the stress of your insurance claim or lawsuit. We want to help you secure the most advantageous settlement possible for you and your family. Our personal injury lawyers can assist you with:
- Collecting evidence
- Calculating your current damages
- Estimating your future, car accident-related expenses
- Filing your paperwork
- Tracking and adhering to deadlines
- Communicating with the insurance company and other involved parties
- Negotiating on your behalf
- Reviewing your settlement offers
- Representing you at trial if necessary
Our Team Understands the Awful Reality of Crashes in New York
According to the Institute for Traffic Safety Management and Research, 72 fatal crashes and nearly 8,000 collisions resulted in injuries in Nassau County in 2020. During the same year, 107 fatal collisions and more than 8,300 injury crashes occurred in Suffolk County.
While no Long Island driver plans to get into a crash, collisions happen every day. When they do, it is important to understand what to do afterward. You can file an accident claim and more.
Call Our Firm for a Free Consultation with Our Representatives Today
Our team believes that everyone deserves justice and that your current financial situation should not prevent you from obtaining legal help. Rosenberg & Gluck, L.L.P. can take your case on contingency.
To learn more about how we can help at no upfront cost to you, call our offices for a free consultation. Our staff can assist clients in Spanish.
