You have been involved in an automobile accident with another vehicle within the State of New York. The occupants of both vehicles appear to have avoided an immediate injury. What should you do at this point to preserve your legal rights under New York law?
1. Call the Police Immediately
After confirming that no one needs immediate medical attention, you MUST call the police and request them to come to the accident scene. Upon their arrival to the accident scene, the police will interview the drivers of both vehicles and take statements from any witnesses to the accident. The officer will then prepare a police report (otherwise known as a “MV-104” report). This will include the names and insurers of both drivers, registration information, vehicle damage, accident location, and an assessment of how the accident occurred.
If you do not agree with the officer’s account of how the accident occurred, you must make sure that is reflected on the report. While generally these reports are inadmissible at trial, they are used by the insurance companies in ascertaining fault. Making sure that your side of the story is properly documented is critical, particularly when the event is still fresh in your mind.
2. Make Sure You Receive the Other Driver’s Information
Do not rely on the police report to provide you with the other driver’s insurance and registration credentials. You will need to have this information at your fingertips immediately. Police reports, especially in the New York City area, can take up to 120 days to process. So get the information immediately from the other driver and ask to review his insurance and registration cards to confirm the information you are receiving is accurate.
Your insurer will need this information within 30 days of the accident, you will not be able to wait for the release of the police report.
3. Take Photographs of the Vehicles and Accident Scene
You must make sure that any damage on the vehicles, markings on the street, applicable stop signs or traffic lights are photographed at the time of the accident. This is particularly important if you believe the other driver failed to properly yield or obey a traffic signal or sign. Insofar as “a picture is worth a thousand words,” the more photos and video imaging you have, the better.
If the accident occurred in or around a parking garage, research to see if the garage videotaped the accident. There is no better proof that the other party was at fault than by showing it through a live video.
4. Notify Your Automobile Insurance Carrier
You are required to provide your insurer notice of the accident within 30 days under New York law. The notice must be provided within the form designated as “New York Motor Vehicle No-Fault Insurance Law Application for Motor Vehicle No-Fault Benefits.” It is also identified as NYS Form NF-2 and can be accessed on the New York Department of Motor Vehicle website. Before sending the form, call your insurer and provide it with notice that you will be sending the form. The insurer may need you to complete other documents. I also advise you contact a lawyer to help you prepare the document.
There are other requirements for notifying your insurer after you receive treatment from a hospital or physician, and of any wage loss through your employer. Again, these forms are easily accessible on the DMV website.
5. Do Not Speak to the Other Driver’s Insurer
You may get a call from the other driver’s insurer requesting information about the accident. Do not speak to the insurer without first calling an attorney. Along the same lines, do not sign any document sent to you from that insurer without consulting with an attorney. Many times insurance providers are looking to limit your rights and to obtain statements from you that they can later hold against you. While the agent may come across as cordial on the telephone, he or she is calling you for a reason.
Do not speak to them without first contacting a lawyer!
This is not meant to be comprehensive overview of the tasks and procedures you need to follow after an automobile accident in New York. If you are reading this, you probably have questions or concerns regarding your own matter or of someone you know. If that is the case, I encourage you to pick up the phone and call me. I answer these types of questions every day.
You can reach me at (212) 390-8983.
