Legal Tips & Tricks to Follow After a Serious Car Accident

If you happen to be in a car accident, the last thing you want to worry about is legal paperwork and dealing with insurance companies.

However, by following these seven tips and tricks for Westchester car accidents, you can minimize the stress of the situation and focus on recovering from your injuries.

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Seek medical attention immediately

You should seek medical attention after the accident, even if you feel fine. This is for two reasons.

First, some injuries, like whiplash, may not present themselves until days or weeks after the accident.

Second, seeking medical attention will create a record of your injuries that will be important later on if you need to file a personal injury claim or lawsuit. According to the Westchester car accident law firm, many people make the mistake of waiting to see a doctor, only to have their injuries downplayed by the insurance company later on. Injuries from car accidents can be very serious, and it is always best to err on the side of caution and get checked out right away.

Additionally, medical files and bills can be reimbursed by the at-fault driver’s insurance company if you win your case. So, even though there may be an upfront cost to seeing a doctor, it will likely be covered in the end.

Get the contact information of everyone involved

Be sure to get the contact information of the other driver or drivers involved, as well as any witnesses to the accident. This will be important later on if you need to file a police report or insurance claim. This information should include:

Driver’s name, address, phone number, email address, and driver’s license number
Insurance company name and policy number
Contact information for any witnesses to the accident

After the accident, you may be tempted to apologize or say that the accident was your fault. However, it is important to not do this, as it can be used against you later on. The other driver’s insurance company may try to use your words against you, so it is best to avoid saying anything that could be construed as an admission of fault.

Call the police

If the accident was serious, or if there is property damage or injuries, you should call the police. The police will create a report of the accident, which can be used as evidence later on if you need to file an insurance claim or personal injury lawsuit.

However, to get the report, you will need to file a Freedom of Information Law (FOIL) request with the police department. The process for doing this can vary from department to department, so it is best to call and ask how to proceed.

Additionally, the police may ticket the other driver if they deem that he or she was at fault for the accident. This can also be used as evidence in your case.

Gather evidence

If you are able, take photos of the scene of the accident, as well as any damage to your vehicle and the other vehicles involved. It is also a good idea to take photos of any injuries you or your passengers sustained.

Furthermore, after the accident, you may have a lot of expenses, including medical bills, car repairs, lost wages from time missed at work, and more. Be sure to keep track of all of these expenses, as you may be able to recover them later on.

Gathering evidence can also be done by your attorney if you hire one. They are experienced in this area and will know what evidence is needed to build a strong case.

File an insurance claim

If you have been in a car accident, you will need to file a claim with your own insurance company, even if the other driver was at fault. This is because most insurance policies have what is called “personal injury protection” or “PIP” coverage. This type of coverage will pay for your medical bills and lost wages, regardless of who was at fault for the accident.

Then, once your insurance company has paid out under your PIP coverage, you can file a claim with the other driver’s insurance company. However, it is important to note that the other driver’s insurance company is not obligated to pay anything until they have accepted liability for the accident.

Get a lawyer

If the accident was serious, or if you are having trouble getting a fair settlement from the other driver’s insurance company, you may need to hire a lawyer.

A lawyer can help you by:

Filing a personal injury lawsuit against the other driver
Negotiating with the other driver’s insurance company on your behalf
Gathering evidence and building a strong case
Representing you in court, if necessary

You should not wait to hire a lawyer, as there is usually a statute of limitations on how long you have to file a personal injury lawsuit. In New York, the statute of limitations is three years from the date of the accident.

What to do if the other driver doesn’t have insurance

If the other driver does not have insurance, you may still be able to recover damages by filing a personal injury lawsuit against the driver.

You may also be able to recover damages by filing a claim with your own insurance company if you have uninsured motorist coverage. This type of coverage will pay for your medical bills and lost wages, up to the limit of your policy, if you are in an accident with an uninsured driver.

Therefore, if you are involved in a car accident in Westchester, there are certain steps you should take to protect your legal rights and interests. First, call the police and make sure that a police report is filed. Then, gather evidence and file an insurance claim. If the accident was serious, or you are having trouble getting a fair settlement, you may need to hire a lawyer.

Following these tips and tricks will help ensure that you are legally protected and have the best chance of recovering damages after a car accident.

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