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What Happens if You Don’t Report a Car Accident in NY?

car accident report in New York
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

An automobile accident is something that no one wants to happen to them. Unfortunately, due to the large number of cars in today’s cities, this is not an unusual occurrence. When it comes to reporting accidents, each state has its own set of rules and regulations. According to New York State Law, you must report car accidents under the following situations, and failure to do so will result in different penalties.

  • The New York Department of Motor Vehicles (DMV) must be notified of all car accidents that result in significant injury or death within 10 days. Leaving the scene of the accident is considered a felony, punishable by up to four years in prison and/or a $2500 fine.
  • Accidents that only cause material damage and cost more than $1000. In situations like this, you must report the collision to the DMV.  You can estimate the value of the damage yourself or get an estimate from a repair company and file the report in less than 10 days after the accident. A $250 fine and/or up to fifteen days in prison may be imposed if the accident is not reported.
  • Accidents in which only vehicle damage occurs, but the property owner is not present and cannot be found. For example, if an automobile collides with another parked vehicle and the owner is nowhere to be located, the at-fault driver is required to file a report.

Keep in mind that a misdemeanor prosecution may be filed against a driver who fails to file an accident report with police within 10 days after being obligated to do so. After 10 days, your license and/or registration may be suspended until you file.

Unable to Complete a Written Report Within 10 Days

Accident injuries might sometimes be so serious that the motorist is unable to file a written report within the time frame required. When this happens, if there was a passenger in the automobile at the time of the accident, they are responsible for filing the report. Another case could be when the driver is not the owner of the vehicle, in this situation the owner must file all accident reports if the driver is unable to do it. 

Is it Required to Report a Car Accident in NY to my Insurance Company?

There is no law that requires you to report an accident to the insurance company. Nevertheless, especially in a no-fault state like New York, it is highly advised that you notify your insurance provider about the incident within 30 days. By doing this you ensure you will receive your Personal Injury Protection (PIP) benefits that are used to cover medical expenses and lost wages. Furthermore, if you do not disclose the accident to your insurer, they may reject coverage or make the process of collecting compensation more difficult.

How to File a Report After a Car Accident in New York?

Once you’ve concluded that the accident you were in requires filing a DMV report, you’ll need to fill out the MV-104 form. This form is available on their website and may be filled out online or printed and filled out by hand. The following information is required on this form:

  • Driver license information
  • Information about vehicle registration
  • Description of the damage to the vehicle
  • Location of the accident
  • Name of the passengers in the cars involved at the moment of the collision and details of all injuries sustained.
  • Your insurance policy information
  • You can also provide key information such as whether or not the passengers wore seatbelts and whether or not airbags were deployed.

Can I Receive Insurance Compensation After a Car Accident If There Isn’t A Police Report?

Yes, the insurance company may agree to pay without a police report, but the simplicity with which the procedure may be completed will be determined by the amount of money being claimed. Most insurance companies will not pay huge sums of money unless there is sufficient evidence that the claim is genuinely deserving of such payment. Experienced accident attorneys can help you receive reasonable compensation, they will assist you in gathering the evidence necessary to prove that your demands are completely justified. However, having a police report will always be a good piece of information in order to pursue a settlement. Even while New York State Law does not compel you to submit a report for accidents that result in less than $1000 in damages, you should still do so since it may come in useful if the situation changes in the future.

When Do Personal Injuries Result In A Lawsuit?

Due to the fact New York is a no-fault state, all claims must be filed with the driver’s own insurance company, regardless of who is at blame. Personal Injury Protection (PIP) is required for all drivers and covers medical bills, lost income, and other out-of-pocket expenses up to $50,000. Nonetheless, there are accidents that may result in death, serious injury or damages to property. If the coverage provided by your PIP is not sufficient to pay for all expenses and you were not at fault, you can file a personal injury lawsuit against the negligent party. New York State Law classifies the following as serious injury:

  • Dismemberment
  • Significant disfigurement
  • Fractures
  • Loss of an organ or bodily function
  • Loss of a fetus
  • Permanent limitation of use of and organ o member

If your case is worth pursuing in court, you’ll need to contact a car accident attorney. Personal injury cases are time-consuming and difficult to manage, so having someone to defend you and guide you through each stage is critical to your success in court.

New York’s Best Legal Representation

Our accident lawyers at Greenberg and Stein P.C. can help you get the compensation you deserve, whether you need to make a claim with your insurance company or file a personal injury lawsuit. Our legal team has years of expertise dealing with all types of vehicle accidents and will go to great lengths to ensure that justice is served. To schedule a free consultation with a member of our legal team to evaluate your case as soon as possible, call 212-969-8757.

Blog > Accident Lawyer > Tags > Choosing The Best Car Accident Claims Lawyer in NY

Choosing The Best Car Accident Claims Lawyer in NY

best car accident lawyer in New York
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

How to Choose the Best Car Accident Lawyer in New York?

Due to the large number of law firms in New York to choose from, finding legal assistance after an accident can be quite difficult. You’re probably also dealing with injuries, automobile repairs, and all the costs that come with them. Taking the time to choose the best car accident lawyer available, on the other hand, will have a significant impact on the result of your claim. For that reason, we have selected some of the most important characteristics in an attorney to help you make the correct decision. 

1. Experience and Background

When choosing an attorney make sure that you ask about their previous experience, especially with cases similar to yours. Although each situation is unique, having someone who is familiar with vehicle accidents is usually beneficial. Lawyers who haven’t practiced for a long time aren’t inherently a poor choice; just be sure they have had the proper training to handle a case like yours.

2. Won cases

If you come across an accident lawyer that has handled instances similar to yours, you can ask them for more information about these cases. You must assess the percentage of cases won, which will guide you in choosing between two attorneys. However, effectiveness is not the only factor to evaluate; you must also analyze the amount of money they were able to recover. Qualified lawyers will not only be able to win a case for their client, but will also be able to obtain reasonable compensation.

3. Prestige

You can use a lawyer’s or a law firm’s reputation to decide whether they are a good fit for you. All attorneys and firms want to establish a positive image, but they must do more than win cases to accomplish so. Customer service and professionalism are critical factors to consider. You can read reviews online to learn more about previous clients’ experiences with this lawyer or firm. Prestigious firms will also appoint qualified lawyers to each lawsuit; keep in mind that they cannot afford to lose their positive reputation by assigning attorneys to cases that they cannot win.

4. Free cases analysis

Another thing to think about is whether or not this lawyer or firm gives a free consultation. It is fantastic to be able to speak with an attorney about your case and get their opinion on the choices accessible to you without having to pay for it. You will gain a better understanding of their plan of action as well as their dedication to you in this manner. Not every lawyer will fight for you and exhaust all options available before going to court.

Is It Worth Getting a Lawyer for a Car Accident?

Hiring a lawyer is totally worth it in cases that result in serious injuries or death. Most people, however, believe that hiring an attorney is unnecessary if a car accident only results in property damage or minor injuries. Unfortunately, reaching a fair settlement is not always as straightforward as you may assume. Here are a few reasons why you should consider getting a personal injury attorney.

  • Experienced attorneys are capable of accurately calculating your accident-related expenses. Insurance companies usually aim to pay as little as possible, and people occasionally accept these settlements because they do not really know how to correctly evaluate all of the costs associated with the event. Having an attorney on your side will prevent you from accepting unfair offers. 
  • During the claims procedure, you may be required to negotiate with the insurance company until a satisfactory settlement is reached. However, attaining this agreement may be exhausting and demanding. Lawyers that have handled car accident cases understand how to deal with insurance companies. Their prior experiences have equipped them with the necessary abilities to reach a fair settlement more quickly.
  • If your dispute cannot be addressed through negotiation and you must go to court, having a lawyer represent you will be hugely valuable. There is no requirement that you employ a lawyer in order to file a lawsuit; but, doing so considerably increases your chances of success. People who represent themselves in court frequently fail because they are unfamiliar with the proper procedures.

How Much Does Hiring a Car Accident Lawyer Cost?

Typically, car accident lawyers charge a “contingency fee,” which means they get a percentage of the money recovered in a settlement. This percentage usually ranges from 25% to 40%, with 33 percent (one-third) being the most common agreement. Just keep in mind that this percentage may vary. If the case cannot be resolved through negotiation and you must go to court, the percentage will probably rise. Read the contract carefully to ensure that there are no other fees that you may not be aware of. 

In the Event of a Crash, How Will I Be Compensated?

Lawyers will usually consult with other professionals, such as accountants, financial analysts, and economists, to determine the severity of a crash and its consequences. That way, they’ll know exactly how much money you’re owed in compensation. You can be compensated for four different things.

  • Medical expenses: All payments for hospital stays, physical or psychological therapy, medication, and tests are included. You may also be compensated if you need to continue receiving treatment in the future or if you need to upgrade your home to meet your medical needs.
  • Lost wages: If you were unable to work or if you will lose income in the future due to your injuries, you can be compensated. 
  • Pain and suffering: This refers to the physical and emotional stress that an injured person goes through during the accident and rehabilitation process.
  • Punitive damages: Punitive damages are damages awarded in court to penalize a defendant for negligence. Examples of this would be drunk driving or distracted driving.

In New York, Do All Car Accidents End in Litigation?

No, the majority of cases are settled out of court. New York’s No-Fault rules were created to ensure that victims of car accidents can receive compensation without having to file a lawsuit. Accidents that result in death or major injury, on the other hand, are more likely to result in litigation. It is worth noting that there is a limited amount of time to file a lawsuit. Lawyers at Greenberg and Stein P.C. can help you meet all deadlines required and receive proper compensation whether you are going to court or not. Feel free to contact us at 212-969-8785 to schedule an appointment with a member of our legal team.

What Are Some Common Causes of Car Accidents that Require Litigation?

  • Negligence and distractions: This includes, among other things, irresponsible driving, breaking traffic regulations, speeding, driving while intoxicated, talking on the phone while driving, and reading while driving.
  • Lack of maintenance to a vehicle: This usually happens in the commercial sector, when owners do not keep their vehicles in the proper conditions to operate. 
  • Defects of the roadway: Sometimes streets or highways are not properly constructed or maintained, resulting in an accident.
  • Defects of the vehicle: Manufacturers may be held accountable in court for a vehicle that has a manufacturing or design fault that causes a crash.

What is New York Statute of Limitation to Report a Car Accident?

According to the New York Statute of Limitations, a vehicle accident victim has three years from the date of the accident to file a lawsuit against the at-fault party. However, accidents that result in wrongful deaths have a shorter time limit; in these situations, a lawsuit must be brought within two years after the incident. Other deadlines or time extensions may be necessary depending on the circumstances of the accident. An attorney can give you more information about the steps you’ll need to follow in your case, as well as the amount of time you’ll have to complete them.

The Bottom Line

Finally, hiring a lawyer can be quite beneficial, particularly in cases involving severe injuries, significant financial losses, or even death. Or if you believe that having a lawyer on your side would give you the peace of mind you need to overcome other difficulties you may face. Regardless of the reason you have to hire an attorney, you can be rest assured that at Greenberg and Stein P.C. you will find some of the best lawyers in New York willing to fight for you. Our prestigious firm has lawyers qualified for any type of accident claim that will not rest until you receive the compensation you deserve. Do not hesitate in scheduling a free consultation to review your case with one of our attorneys. Call us today at 212-969-8785.