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motor vehicle accidents

Motor Vehicle Collision
 
 

MOTOR VEHICLE ACCIDENTS

You were obeying the rules of the road. You were driving carefully. You were watching out for others.  You were just involved in an accident. What do you do now?
  • Get the medical attention you need
  • Get a copy of the accident exchange information form and any police accident report completed
  • Report the claim to your auto carrier
  • If you were injured, complete a No-Fault Claim Form Form within 30 days of your accident
  • If you can, get photographs of your vehicle
  • If you can, get photographs of the accident scene and the other vehicle involved in the accident
  • If you can, get the names of any witnesses to your accident
  • If you were injured, follow-up with your physicians as directed and follow their orders
  • Keep all documentation relating to property damage to your vehicle
 

THE ABILITY TO BRING A LAWSUIT AGAINST THE OTHER DRIVER

New York State is a "no-fault" state. That means in order to bring a lawsuit against another driver, an injured person must be able to establish a few things. An injured person must be able to show that the other driver was negligent, or at fault for the accident. The injured individual must be able to show that the other driver's negligence was a proximate cause, in other words, a substantial factor in causing the injuries. New York State Insurance Law requires that an injured person prove that he/she/they suffered a "serious injury." The term "serious injury" is a term of art.

In order to demonstrate that an injured person meets this threshhold, one of the following categories must be met. There must be a qualifying injury in one of these categories:
  • An injury that results in a significant limitation of use of a body function, system, organ or member
  • An injury that limits substantially all of your activities of daily living for at least 90 out of the first 180 days following your accident
 
  • A fracture
  • An injury that results in a permanent consequential limitation of use of a body function, system, organ or member
Motor vehicle accidents require a trial attorney with experience preserving evidence, reviewing accident reports, engaging an accident reconstruction team, assessing potential related products liability claims, evaluating property damage, valuing injuries and assessing available insurance coverages. Whether you are an injured plaintiff, a defendant driver or an insurance carrier, the firm can assist with all of your needs from date of accident through date of trial.
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