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There are very short time limits for notifying "No-Fault" carriers, and for filing Notices of Claim against government agencies (including cities, towns, municipalities, highway authorities, etc.) While the statute of limitations in NY is generally three years from the date of a vehicular accident, (other states may be very different), there may be prerequisites (for example, notices of claim) which, if not promptly filed, can disqualify claimants from suing.
Note too, your own insurance policy has a prompt notice requirement. If you fail to tell them about your accident, your own carrier may refuse to cover you (disclaim). The best way to protect yourself against missing a time limit is to engage an attorney and let him/her take care of these requirements. |
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1. Get legal advice. Call a lawyer. While it is true that "No-Fault" laws require a serious injury-you won’t be allowed to sue for bumps and bruises-let a professional evaluate your claim. Lawyers generally don’t charge for those inquiry calls.
2. Notify your own insurance company. You should call your insurance agent and follow up in writing with a letter-save a copy. Send it certified, return receipt requested. Save the green signature card that comes back to you after the letter is delivered to prove it was received.
In your letter, state the date and place of the accident; who was driving; and a general description of the damage to all involved vehicles, and the names of the injured.
3. Follow up photos: Take pictures of your injuries. Wear plain, non-provocative clothing. It is often a good idea to have the injured person close their eyes when the shutter is snapped. |
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Now you can take care of getting your car towed |
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If you can leave the scene under your own power, make sure the police are finished, and get their info too. Officers’ names, precinct, witnesses (including all passengers) names. If there were witnesses, try to make sure the police put them on their report. |
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If you are ambulatory, and you have a camera (don’t forget your cell phone may have one) take pictures of:
a) Scene/roadway/intersection/signs
b) damage on vehicles
c) license plates
d) people involved
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a) Names of all drivers/addresses and driver’s license numbers (insist on seeing the drivers license-or advise police
b) Owner’s name and address (on registration card)
c)) insurance card information-insist on seeing this card too, and get carrier name and their unique number.
d) Plate number/make/model/year of other cars
Your mental checklist should have four items on the list:
Drivers/insurance/owners/plates.
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a) Tell the operator where to send emergency vehicles, and
b) Advise about injured parties-let the authorities determine if an ambulance is needed
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If you or someone else needs help, worry about that first. This should be obvious, but this includes helping the other driver, and yourself before you start worrying about whose fault it was - or lawsuits |
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