June 6, 2024
If you’ve ever been involved in a car accident, you understand how stressful the immediate aftermath can be. Amidst the chaos of gathering the necessary documentation, talking to insurance companies, and following up with medical treatments, it’s important to understand your rights through every step of the claim process.
By understanding your legal rights after a car accident, you’re ensuring that you are not taken advantage of and that you receive the compensation you deserve for any injuries or losses.
What Are My Rights After A Car Accident?
After a car accident, each party is entitled to a set of rights. These include:
Your Right to Seek Medical Attention
Seeking medical attention is one of the most important steps to take after any car accident, regardless of the severity. Always prioritize your health and get assessed by a healthcare professional. Not only does this ensure your well-being, but it also provides a record of your injuries, which is an important piece of evidence when pursuing a legal claim for injuries.
Your Right to File a Claim With Insurance
After an accident where you’ve sustained injuries and/or property damage, you have the right to file a claim to recover your damages. In New York State, drivers can file a no-fault claim with their own insurance company, and have the right to file a claim with the at-fault driver’s insurance for additional damages.
Your Right to Fair Compensation
If you’ve been injured in a car accident due to another party’s negligence, you have the right to seek compensation. This includes reimbursement for medical expenses, compensation for lost wages, and damages for pain and suffering. In some cases, if the negligent party’s actions were particularly egregious, you may also be entitled to punitive damages.
Your Right to Refuse Immediate Settlement Offers
Insurance companies often try to settle quickly after an accident. While it might be tempting to take an early offer and move on from the incident, it’s wise to remember that these initial settlements are typically lowballs. You have the right to refuse these offers and to seek proper legal counsel to ensure that any settlement accounts for the full scope of your damages, including medical costs, lost wages, and pain and suffering.
Your Right to Legal Representation
After an accident, you have the right to retain an attorney. An experienced car accident attorney can navigate the complexities of your case, negotiate with insurance companies on your behalf, and ensure your rights are fully protected. They can help you gather evidence, build a strong claim, and advocate for the maximum compensation you are entitled to.
What Steps Should You Take After A Car Accident?
If you were involved in a car accident, there are several steps that you should take in order to ensure that your rights are protected. These include:
- Seek Medical Attention: Even if you don’t believe you were injured, it is still imperative that you seek medical attention after a car accident. Injuries that may not be immediately present may be diagnosed and recorded by a medical professional, which can help to strengthen your claim if you choose to pursue compensation.
- Don’t Admit Fault or Apologize: It’s human nature to apologize in the face of conflict, but it’s important to remember that apologizing after a car accident can be perceived as an admission of fault, which may impact your ability to recover damages.
- Gather and Preserve Evidence: Ensuring that evidence from the accident is well-documented and preserved can make or break a car accident case. At the scene, be sure to take photos and video, speak to witnesses, and get a police report for your records.
- Contact Your Insurance Provider: As soon as possible after the accident, contact your insurance provider. In New York State, all drivers are required to carry no-fault, which will provide benefits for medical expenses, even if you were partially at fault.
- Consult With A Legal Representative: If you sustained injuries as a result of your accident, it’s wise to consult with an experienced car accident attorney. An attorney can help you to understand your rights and options and work with you to ensure that you receive fair compensation for your damages.
Complications That May Arise In A Car Accident Case
Unfortunately, not every car accident case is cut and dry. Some cases are more challenging to try, which may require the assistance of a legal professional. Some common complications include:
Collision With A Non-Insured Driver
If you’re involved in an accident with an underinsured or uninsured driver, you might feel like there’s nothing you can do. However, all insured NYS drivers are required to carry uninsured motorist coverage that is designed to protect accident victims in the event:
- The at-fault driver has no insurance coverage at all
- The at-fault driver has extremely low liability coverage
In the event the at-fault driver does not have adequate coverage, you will be able to recover damages from your own insurance if you have uninsured motorist coverage.
Third Parties At Fault
In some instances, there may be a third party liable for your injuries. However, in order to hold a third party liable for your injuries, it must be proven that this entity acted negligently in some way.
Some common examples of third party entities that can be found at fault in car accident cases include:
- Municipalities and government entities
- Rideshare or delivery companies
- Vehicle manufacturers
- Bars or restaurants (if overserving occurred)
- Private contractors or construction crews
Filing a claim against government or corporate entities can sometimes be an arduous process, which may require the assistance of an attorney.
Hit and Run Accidents
Unfortunately, hit and run accidents do occur, even though leaving the scene of an accident can result in criminal charges. If you are involved in a hit and run accident, be sure to take the following steps:
- Do your best to remember the make/model/color of the vehicle, their license plate, and direction they were heading.
- Call the police to file an official report.
- If there were witnesses or nearby businesses that may have security cameras with footage of the accident, get their contact information.
- Contact an experienced attorney.
If you were injured, your own no-fault insurance will cover up to the first $50,000 of medical expenses. If you’re unable to locate the driver, you may also utilize your own uninsured motorist coverage to pay for additional damages.
How A Car Accident Attorney Can Help To Ensure Your Rights Are Protected
After an accident, a personal injury attorney can be an asset to ensure your rights are protected. Here are common ways that attorneys work to protect you after a car accident:
Filing A Personal Injury Claim
After a car accident, a personal injury attorney can help you to file a personal injury claim to help you recover damages for your injuries. An experienced personal injury attorney will be well-versed in your state’s injury laws and statute of limitations and requirements for filing a personal injury claim.
In instances of more complicated personal injury cases, like a hit and run or an accident where a third party might be liable, a personal injury attorney can act on your behalf to file a claim with the appropriate parties.
Negotiating A Settlement
When talking to the insurance company after an accident, whether it’s your own or the at-fault party’s, it can be easy to assume that the first offer they make is the best option for you.
Often, insurance companies offer a lowball settlement to injury victims in an attempt to pay out as little as possible. An injury attorney will work tirelessly to investigate your case and determine liability for the accident. From there, your attorney will negotiate a fair settlement with the insurance company on your behalf. If a fair settlement cannot be reached, your attorney may suggest taking your case to trial.
Taking Your Case To Trial
When your attorney feels as though the insurance company is failing to offer a fair settlement for your injuries, they may recommend taking your case to trial. Although this sounds intimidating, only a small percentage of personal injury cases make it to the courtroom.
At any point during the pre-trial phases, your case can settle. Your attorney will advise you throughout the process. If your case goes to trial, your attorney will represent you.
Cellino Law: Your Trusted Partner in Personal Injury Law
When a car accident injury occurs, making sure that your rights remain protected is paramount.
At Cellino Law our team of attorneys have decades of experience litigating car accident cases on behalf of injury victims across New York. We understand the requirements for filing a personal injury claim that ensures your rights remain protected and you receive fair compensation for your injuries.
For a free consultation with a member of our legal team, contact us at 888-888-8888 or send us an email.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.