As a personal injury law firm in NYC, we understand that being in a car accident can be an overwhelming and disorienting experience. As such, you wouldn’t necessarily be thinking about your actions in the immediate aftermath. However, actions that might seem inconsequential and harmless can sometimes have a major impact on the strength of your case and the ability to recover compensation down the road. In this post, we at Gabriel Law will be taking a look at some of the most common mistakes made in the aftermath of a car accident and how they may impact your legal rights.
- Prematurely leaving the scene of the accident
- Not reporting the accident to the police
- Delaying Seeking Medical Treatment
- Apologizing or admitting fault
- Not contacting a car accident lawyer NYC
Prematurely leaving the scene of the accident
In the aftermath of a car accident, you should only leave the scene of the accident once you have exchanged contact and insurance information with other parties involved in the accident. Prematurely leaving the scene can expose you to fines and hit-and-run charges, which also negatively impact your ability to claim compensation from your insurer.
While at the scene, also make it a point to take photographs and record all the damages you’ve sustained in the accident. Photographs of the damages, positions of the vehicles, road conditions, etc. can be used as evidence during the negotiations. The lack of such evidence can make your negotiation position weak and reduce your ability to claim fair and reasonable compensation.
Not reporting the accident to the police
In New York, you are not legally required to report an accident where the property damage is less than $1000, called ‘fender benders.’ However, any accident that involves death or serious injury of a person or a pet and damages that exceed $1000 must be reported to the police.
While there is a clear distinction in the law, our advice on the matter is to report the accident, regardless of the extent of the damage. The police officer’s perspective is akin to a neutral third party, and the police report that details the accident is valuable documentary evidence that can be used in both insurance negotiations and trial.
Delaying Seeking Medical Treatment
If you’ve been injured in a car accident, you will not be expected to stay at the scene. Do not compromise on your health, and seek immediate medical treatment for your injuries. The medical bills and doctor’s diagnosis can be presented as medical evidence when you claim compensation for your injuries.
From a legal standpoint, delays in seeking medical treatment will allow the opposing party to argue that you failed to mitigate the damages suffered, and if proven, can reduce your compensation. This is due to the application of New York’s pure comparative negligence rule. Under this rule, if you are found to share blame for the accident, your compensation will be reduced by the extent of your fault.
See also: Understanding Parental Rights and Responsibilities Under Family Law
Apologizing or admitting fault
While apologizing in the aftermath of an accident can seem like a nice gesture, it can come back to bite you later down the line. Apologizing or admitting fault in the accident can be used as justification to reduce your compensation thanks to New York’s pure comparative negligence law.
While New York’s law guarantees that you will receive compensation, it does not specify how much you shall receive. Therefore, in the aftermath of an accident, it is important to know what to say and what not to say, depending on the circumstance. The best way to make sure you don’t make this mistake is to contact a car accident lawyer in NYC and follow their instructions.
Not contacting a car accident lawyer in NYC
When it is time to claim compensation, you might feel like you can go about it yourself. However, New York’s insurance and personal injury law can be challenging to navigate without the right legal help. Furthermore, when it comes to the negotiations, you might find it challenging to say what needs to be said, resulting in you having to walk away with a lesser amount of compensation.
When you call on a lawyer to take over your case, much of the burden is taken off your shoulders. An experienced lawyer would know the law, prepare a strong case for you, and handle all the negotiations on your behalf, ensuring that you walk away with a fair and reasonable settlement.
Conclusion
A car accident can be a truly frightening and disorienting experience. While certain actions may seem harmless and inconsequential at first, they can have a significant impact on your case when the battle to claim compensation begins. As such, if you want to avoid these mistakes and protect your legal rights, contact an experienced car accident lawyer in NYC. We at Gabriel Law have been handling car accident claims for many years, and we would be more than happy to help you.
