Getting involved in an auto accident can be a terrifying experience. Unfortunately, such accidents and crashes are rather common in New York, with a significant chunk of cases reported from Brooklyn and Queens alone. If you were injured in a car accident in Queens, you are likely to have doubts and questions. In this post, we are answering a few common auto accident-related questions.
- Do I need to report the accident?
If someone was killed and injured in the accident, you must call 911 and inform the local police immediately. Leaving the scene of the accident in such circumstances is a criminal offense. If there was just property damage involved, you need to file the ‘Report of Motor Vehicle Accident’ with the DMV within ten days from the date of the accident. In case you fail to do so, your license may be suspended.
- Can I file a lawsuit against the other driver at fault?
New York follows the no-fault car insurance system. This means that you will file a claim with your own insurance company, to seek compensation under the PIP insurance you had purchased. However, there are certain circumstances, where one can step out of the no-fault system and hold the other driver responsible for their action. The state-wise thresholds for that can be different. If you have suffered serious injuries, or there was extensive property damage, you may have the option.
- Do I need a personal injury lawyer?
Dealing with car accident claims can be overwhelming. Hiring an injury lawyer is all about protecting your rights and interests. Your car accident lawyer can handle the work involved, negotiate with the claims adjuster, and ensure that your settlement is fair. Also, a good lawyer can offer insight on whether you can pursue a personal injury lawsuit.
- What if I was partly at fault?
New York follows the pure comparative fault rule when there were multiple drivers at fault. As per the pure comparative fault rule, you can file a lawsuit against the other party, even when your share of fault is more than them. Your awarded compensation, however, will be reduced by your fault percentage.
- How much do car accident lawyers charge?
Injury attorneys work on car accident cases on a contingency basis, but this can vary. Your attorney will charge a fee – a percentage of the settlement amount, only if they win a settlement for you.
Make sure that you are aware of your rights after a car accident.