20 Common Car Accident Questions and Answers

Being involved in a car accident can be overwhelming and confusing. It's normal to have many questions about what to do next, how to handle insurance claims, or whether you need legal representation.

Davidoff Law provides clarity and guidance through the complexities of car accident claims and legal proceedings. We aim to provide valuable insight to help you understand your rights and the necessary steps to protect them after an accident.

Our experienced car accident lawyers have compiled a list of frequently asked questions about car accidents. We are here to empower you with knowledge so you can make informed decisions if you are in such a situation.

Whether you're dealing with insurance, considering a lawsuit, or just need to know about medical issues, we've got the answers you need.

What Should I Do Immediately After a Car Accident?

Immediately after a car accident, ensure your safety by moving to a secure location. Check yourself and others for injuries, and call emergency services if needed. It's also crucial to document the crash site with photos and notes if you are able to do so safely.

How Do I Report a Car Accident?

You should report the accident to the first police officer immediately, especially if injuries or major damage occur. A police report is crucial for insurance claims and legal proceedings. Notify your insurance company about the accident as soon as possible.

What Information Should I Exchange with the Other Driver?

Exchange names, addresses, phone numbers, insurance information, and vehicle registration details with the other drivers. It's also helpful to jot down the other vehicles' make, model, and color. If possible, get contact information from any accident witnesses, too. A car accident witness could support your story of how the collision occurred. Save information about all vehicles involved.

How Do I File a Car Insurance Claim?

Contact your insurance company to begin the claim process. Provide them with all necessary documentation, including the police report, photos of the accident scene, and any medical reports if injuries occurred. Be honest and thorough when providing information to your insurer.

What Should I Do if My Claim is Denied?

If your insurance company denies your claim, request a detailed explanation of their decision. Consult with a car accident lawyer to review your options, which may include disputing the decision or considering legal action to seek compensation.

How Do Insurance Companies Determine Fault?

Insurance companies assess fault based on evidence from the accident scene, police reports, state traffic laws, and statements from those involved. They may also consider reports from an accident reconstructionist or experts. Knowing how fault is determined can help you during the claim process. Keep in mind that New York is a no-fault state.

Do I Need a Lawyer for a Car Accident Claim?

If you are involved in a minor accident without injuries, you might think it doesn't require legal assistance. In reality, you should still consult a car accident lawyer. This is even more important if the accident involved injuries, substantial damage, or disputed fault. A lawyer can help work through the claims process and fight on your behalf for a fair settlement. Always call a lawyer before you file a car accident claim.

What is the Statute of Limitations for Filing a Lawsuit?

In New York, you have three years from the date of the car accident to file a personal injury lawsuit. This statute of limitations is crucial as filing after this period can result in your case being dismissed, regardless of its merits.

What Can I Expect During the Legal Process?

The legal process for a car accident lawsuit may involve several stages, including filing the lawsuit, discovery, negotiations, and possibly a trial. Your lawyer will help gather evidence, handle negotiations with the other party, and represent you in court if necessary.

Should I See a Doctor Even if I Feel Fine After an Accident?

Yes, you should always seek medical care and evaluation after a car accident, even if no injuries are apparent. Some car accident injuries, such as whiplash or internal injuries, can take time to manifest. A doctor's report also serves as crucial documentation for your insurance claim or lawsuit.

What Types of Injuries are Common in Car Accidents?

Common injuries from car crashes include whiplash, concussions, fractures, lacerations, and back injuries. More severe crashes can lead to traumatic brain injuries, spinal cord injuries, and even fatalities. It's important to understand the potential severity of car accident injuries. Some could even be catastrophic injuries.

How Can I Document My Injuries for a Claim?

Take photos of your injuries as soon as you can after the crash and continue to document them as they heal. Save all medical records, documents and receipts related to your treatment. A detailed journal recording your pain levels, mobility concerns, and how the injuries change your daily life can also be helpful.

What Types of Compensation Can I Receive?

Compensation might include medical expenses, lost wages, property damage, and pain and suffering. In major cases, you may also be entitled to compensation for long-term disability or loss of quality of life. Each case is unique, so compensation will vary.

How Long Does it Take to Receive a Settlement?

The time to settle a car accident claim varies widely. Simple claims might settle in a few months, while complex cases involving severe injuries and litigation may take years. The specifics of your case, including the clarity of fault and the extent of your injuries, will influence the duration.

Can I Reopen a Settled Claim if I Discover More Injuries Later?

You cannot reopen the claim to seek additional compensation once a claim is settled and a release form is signed. It's crucial to fully understand the extent of your injuries before agreeing to a settlement. Speak with a car accident lawyer to make sure all potential injuries are accounted for in your settlement.

What Should I Do if the Other Driver is Uninsured?

If the other driver is uninsured, you could file a claim through your own uninsured or underinsured motorist' coverage if you have it. Alternatively, you may need to sue the driver personally, though collecting compensation can be challenging. Partnering with a lawyer can help you review your options.

How Do I Handle a Hit-and-Run Accident?

Report the accident to the police immediately and provide them with as much information as you can about how crash occurred. Include any details you have about the other vehicle and driver. Check for witnesses or surveillance cameras that may have captured the accident. Your uninsured motorist coverage could cover your damages if the other driver is not found.

What if the Accident Happened While I Was Driving a Rental Car?

Notify the rental company immediately if crash occur and follow their process for handling accidents. Also, contact your insurance company as your personal car insurance may cover you in a rental. Understanding your rental agreement and your own car insurance coverage is key in these situations.

How Can I Prevent Car Accidents?

Always adhere to traffic laws, stay alert, and avoid distractions while driving. Regular vehicle maintenance and understanding the capabilities and limitations of your car are also crucial. Defensive driving courses can further enhance your driving skills and safety awareness. These measures can minimize the chances of an automobile crash.

What Safety Features Should I Look for in a Car?

Look for innovative safety features like automatic emergency braking, electronic stability control, and adequate airbag systems. Features such as blind-spot monitoring and lane departure warnings can also enhance safety. Always check a vehicle's safety ratings before purchasing. You want to make sure that you have a vehicle that will protect you in the event of an accident.

Call for a Free Case Consultation With Our New York Car Accident Lawyer

If you've been involved in a car accident, don't hesitate to reach out to Davidoff Law for a free case consultation. After the accident occurred, see a doctor for medical treatment. Then, contact us to schedule a free consultation to discuss the auto accident. We may be able to recover compensation for medical bills and lost wages. Our personal injury law firm treats each car crash case seriously.

Contact us today for a free consultation to discuss your auto accident case.