Law Offices of David A. Kapelman, P.C.

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Law Offices of David A. Kapelman, P.C.

Filing An Auto Accident Injury Claim Lawyer, Newyork CityHow Long After My Car Wreck In New York State Do I Have To File A Car Accident Personal Injury Claim?

If you’re injured, you only have 30 days to file a no-fault claim in New York. This claim will pay for your medical bills and part of your lost earnings. Then, you have three years to file a lawsuit unless a municipality or government entity is involved.

If a municipality or government entity is involved, you have to file a notice of claim within 90 days, and a lawsuit within one year and 90 days although certain government entities have shorter periods.

That’s why it’s essential that as soon as an accident happens, you seek medical treatment, and then you contact an experienced personal injury lawyer.

If I Was Partially At Fault For My Car Accident In New York, Can I Still File For A Personal Injury Claim For My Injuries?

You should still file a personal injury claim for your injuries even though you are partially at fault. In awarding damages, the amount would be affected by your conduct as opposed to the others involved in the accident.

What Information Do I Need When My New York Auto Accident Lawyer Begins To Review My Case?

As an experienced personal injury law attorney, we at the Office of David A. Kapelman, P.C. need the police report and any photographs of your accident. We need your medical records, the ambulance call report, and the hospital records. We also need to know if you were a driver or a passenger in the vehicle, and the names of the insurance companies for you and the other vehicle(s) involved in the accident.

If I Got Injured In A Car Accident In New York And I Was Hit By An Uninsured Or Underinsured Driver, Do I Have Any Chance Of Recovering Financially From My Injuries In A Personal Injury Claim?

Even if you were hit by an uninsured or underinsured motorist, you may be able to recover financially from your injuries. Your recovery depends on if you were a pedestrian in a car, and whether or not you had a vehicle in your household…

  • If you were a pedestrian and did not have a vehicle in your household, you would have the right to file with New York State Motor Vehicle Accident Identification Corporation.
  • If you were a driver or a passenger in a car involved in an accident with another car, then you have the right to file a claim against the host vehicle’s uninsured and/or underinsured policy provisions.
  • If you’re a pedestrian and you had a vehicle in your household, then you would file an uninsured and/or underinsured claim with the insurance company for your household vehicle.

What Information And Evidence On The Scene Of The Accident Is Important For The Injured Parties To Record Or Preserve?

At the scene of an accident, it’s important to take pictures. You’ll also want to find out the police report number, the police department’s precinct, the police department’s phone number, and contact information on any witnesses. You also might want to look around to find out if there were any surveillance cameras recording at the time of the accident.

If It’s Clear That The Other Driver Was At Fault, Do I Still Need To Hire A Personal Injury Attorney For My Car Accident Claim?

Hiring an experienced personal injury lawyer is still in your best interest even when the other driver was at fault.

Fault is only half of the equation. The other car could be at fault but you might not meet what’s called the New York no-fault threshold, which means that you would be barred from finding the compensation you need.

Under New York law, you also need to prove that you’ve sustained what’s called a ‘serious injury,’ which is defined in New York Consolidated Laws, Insurance Law ISC Section 5102/

Finally, you need to understand that the insurance company will not know the full value of your case. Consequently, it will make you an offer that doesn’t pay you the full value. That’s why you need an experienced personal injury lawyer who knows the value of such cases.

With the guidance of a skilled attorney for Auto Accident Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Auto Accidents Law in New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.

David A. Kapelman, Esq.

Call For A Free Consultation
(212) 563-2010

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