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What to Do After a Car Accident

Wednesday, November 25, 2020 4:28

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What to Do After a Car Accident

Car accidents occur every day, and the victims sustain injuries and incur expenses. Litigation could provide the victims an option for getting economic relief to cover medical expenses and auto repair costs. However, the victims must contend with a no-fault state and its limitations. While the state enforces auto liability laws, some drivers still slip through the cracks and aren’t held accountable for non-compliance. Examining what to do after a car accident helps victims understand their rights and get help for their expenses.

Report the Accident to Law Enforcement

Law enforcement manages the scene of the accident and creates an accident report. They review the events that led up to the accident and determine who caused the accident. This detail is important for all victims who sustained injuries in the auto accident. The at-fault driver must file an insurance claim for all victims. It is paramount for the officers to designate what party is at fault. In multiple car accidents, it’s possible for there to be over one at-fault driver. So they must report all auto accidents to law enforcement or the highway patrol. Individuals who got hurt in a car crash need a consultation with an attorney now.

Collect Insurance Information From the Liable Driver

The at-fault driver must provide all their auto liability coverage to each victim involved in the accident. However, the victims must ask the accountable driver for the information. If they don’t ask for these details, the victims cannot file an insurance claim for their medical costs or auto repair costs. They must also consider the restrictions imposed by the no-fault state.

The auto accident laws in New York require the victims to sustain serious injuries, and they must accumulate over $50,000 in medical costs before they may sue. If the individual didn’t sustain serious injuries, they must rely on the accountable driver’s insurance policy to provide compensation. If they never collect the information, the victim is on their own, and they must pay their own medical costs and auto repair expenses.

Seek Medical Attention

All victims must seek medical attention to determine if they have any serious injuries. Even if the victim believes they have minor injuries, it is wise to go to the emergency room and get an assessment. This gives them medical records if they have more profound injuries from the auto accident. The emergency room doctors complete a full evaluation to address any areas where the victim is experiencing pain or discomfort. Bruising or broken bones could indicate underlying injuries beyond the obvious. Generating the medical records gives the victim evidentiary support if they need to file a lawsuit later.

Calculate the Full Medical Costs

The driver that caused the accident must pay for all medical costs for each victim through their auto liability coverage. The minimum auto insurance requirements show that all drivers must have at least $25,000 in coverage for a single injury, and the maximum benefit for the total accident is $50,000. The insurance policy can pay up to $50,000. However, if the victim’s injuries require more than $50,000 in medical treatment, the at-fault driver is responsible for these extra costs. The victim must sue the accountable driver to collect money for any continued medical expenses for the accident injuries.

Getting Estimates for Auto Repair Requirements

The victim needs at least three estimates from a repair shop for any auto repair expenses. Auto insurance providers require three estimates to calculate the median cost for repairing the automobile. Any residential or commercial properties that were damaged during the auto accident are covered by the same $10,000 worth of coverage. The auto liability coverage must provide not less than $10,000 for property damage. The accountable driver must file a claim for the property damage.

What the Victim Needs to Sue

In a no-fault state, the auto insurance requirements prevent accident victims from suing the accountable driver to collect compensation. Since all drivers must have auto liability coverage, the state requires the responsible driver to file an insurance claim. However, not all drivers are compliant with the state auto insurance laws. The accident victims cannot use the driver if the responsible driver doesn’t have insurance.

The state can take action against the driver themselves. The driver receives a driver’s license suspension, a fine of up to $1,500, jail time, and they impound driver’s vehicle. Since this is a criminal infraction in New York, the criminal court may require the driver to provide restitution because they caused an accident and didn’t comply with auto insurance laws.

What Could the Claimant Receive if They Win?

Accident victims seeking economic damages in a lawsuit could expect to receive compensation for all their financial losses. This includes all medical expenses, auto repair costs, and wages they lost during their recovery. Since they cannot sue unless they sustain serious injuries, the impact of these injuries determines if the victim is entitled to additional damages.

For example, if they lost a limb, organ function, or developed a permanent disability, the monetary award could be incredible. If the victim requires ongoing care or to be admitted into a nursing home, these additional expenses are calculated into the damages, too. How the accident injuries changed the victim’s life is a major consideration when assigning a monetary award, and if they cannot work or support themselves, the court must help them. If the accountable driver was guilty of a DUI, this could increase the civil lawsuit award dramatically.

After a car accident in New York, auto accident victims must file an insurance claim through the responsible driver’s auto liability coverage. Unfortunately, some injuries aren’t covered by the maximum coverage amount, and the victim regains the right to sue after their medical costs are over $50,000. If the accountable driver committed a crime, this is another exception that allows the victim to sue. With an auto accident claim, the victim seeks damages for economic losses including lost wages, auto repair costs, and medical expenses. Reviewing all auto accident laws helps claimants determine when a lawsuit is available and when it is the most appropriate choice.

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