Q & A
The following is not legal advice and should be considered, general information.
The following is not legal advice and should be considered, general information. Receiving notification that you are somehow involved in a legal suit or claim can be a stressful occurrence. If you receive notification that you are being sued or are otherwise involved in a legal claim or lawsuit, it is essential that you contact an attorney immediately and explain what occurred and what documentation you received. Do not speak with anyone regarding the issue at hand until you have spoken with an attorney. It is best to handle such situations immediately to avoid unnecessary complications or prejudice to your interests.
The following is not legal advice and should be considered, general information. The New York State Bar Association has published a public pamphlet specifically addressing this topic: " If you have an Auto Accident." This pamphlet is based on New York State Law (New York State Bar Association. If You Have an Auto Accident, New York: Albany 2003). The NYSBA has granted our firm permission to share a synopsis of their pamphlet with you to help you become better informed ("Permission to reprint granted. Copyright 2003, the New York State Bar Association. The following includes a brief synopsis of the pamphlet, to view it in its complete context, visit the New York State Bar Association web site at www.nysba.org.
"If you are involved in an automobile accident causing injury to another person or, property, you are required to stop and give your name, address, show your drivers license and insurance card to the person who is injured/or whose property has been damaged, or to a police officer."
"An injured person should be considered first. Call the police or 911 immediately to avoid any delay acquiring medical assistance. Protect the scene, not only for your own safety but for the safety of those injured and those in approaching vehicles as well. You should properly warn oncoming vehicles with flares or a flashlight, if possible. Request the presence of a police officer and give that officer the basic facts. Get the names and addresses of as many witnesses as possible. Witnesses may turn out to be a tremendous asset to you in a subsequent court action. Write down as many details as you can possibly recall, including, date, time, road and weather conditions." Write down any outstanding memories you have of the accident itself or the accident scene.
"The law requires that the operator of a vehicle involved in an accident in N.Y.S. in which a person is killed or injured, or produces damages to property or self and exceeds $1,000.00, must file a written report to the Commissioner of Motor Vehicles within 10 days. You should report the accident to your insurance company and send them written notice, as soon as possible. Failing to comply with the law is a misdemeanor."
"It is best to see a doctor as soon as possible to avoid potential complications. Refer all persons making claims against you to your insurance company. It is best to consult with your attorney as soon as possible; he or she can advise you on no-fault insurance benefits under N.Y.S. law. Under no-fault, if you are the victim in an accident, you do have the right to sue a negligent operator and owner of a covered vehicle for personal injury losses in certain cases, including medical expenses, economic losses, pain and suffering, for injury resulting in death and also when the injured person or person at fault, does not have the appropriate insurance provisions required by N.Y.S. law. If you find yourself involved in an accident with an owner or operator who is uninsured, you should contact your attorney immediately."
As mentioned earlier, the NYSBA has granted our firm permission to share this brief synopsis of their pamphlet (Permission to reprint granted. Copyright 2003, the New York State Bar Association). You may link directly to the NYSBA via our web resource page. Our firm appreciates the NYSBA's cooperation in sharing their literature with us and we in turn, share it with you. We hope this helps you become a better-informed N.Y.S. citizen.
Remember, your attorney does not make the rules...Our lawyers are experienced trial attorneys who will vigorously represent your best interests. Time is often crucial in the legal world. We invite you to browse the profiles of the Burke, Miele & Golden, LLP attorneys in our Attorney Profile forum.
40 Matthews Street
100 Washington Avenue