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What To Do If You’re Injured in an Accident
Do NOT speak or communicate (phone, text, email, social media, etc.) with anyone other than your attorneys and your doctors about the case. Do NOT post on social media. Even if you think is it is a private post- IT IS NOT. Social media posts, texts and emails are discoverable and can and will be used against you in a Court of law. Do NOT allow an investigator or insurance company representative into your home, not even from your own insurance company. Do NOT sign anything without first speaking with your attorneys. Refer anyone who contacts you about the case, including a representative from your own insurance company or the police, to your attorneys’ office.
Immediately forward all mail and emails your receive about the case to your attorneys’ office. Keep the envelopes it came in in case you need to prove when it was mailed to you.
Keep a log of all medical providers/facilities you see (Name of provider/facility, specialty, date, location), and time lost from work.
Keep a log of all out-of-pocket expenses incurred in connection with your accident (prescriptions, medical supplies, household help and transportation), and forward all receipts/bills for same to your attorney’s office. If it is a car accident, all receipts/bills for out-of-pocket expenses must be processed for No-Fault reimbursement within 45 days of being incurred.
Furnish your attorneys with all photographs of anything having to do with the accident (including photos of the scene, damage to vehicle, people involved, injuries, witnesses, information obtained at the accident scene, and anything else relevant to the case).
If you are making a property damage claim for damage to your car, provide your attorney with an estimate or paid bill from an autobody shop of your choosing of the cost of repairs.
If your accident occurred while you were in the course of your employment, in addition to your personal injury claim, you must also make a Workers’ Compensation claim to have your medical bills and lost wages paid.
New York State Motor Vehicle and No-Fault Law
Under New York State’s strict No-Fault Law, your injury claim is broken into two claims, (1) your No-Fault claim, and (2) your Bodily Injury claim(s).
Your No-Fault Claim covers your medical bills, lost earnings, and other necessary expenses, like travel to and from your doctor and help around the house. Every policy provides at least $50,000 per person, and some provide more. You are entitled to your No-Fault claim regardless of who is at fault or the seriousness of your injuries. Generally, No-Fault benefits are paid by the insurance carrier of the vehicle in which you are injured. You must file your No-Fault application, the NF-2, with the No-Fault carrier within 30 days of the accident. If it has been longer than 30 days, call us anyway.
Your Bodily Injury Claim compensates you for your pain and suffering. In order to recover for pain and suffering you must prove (a) that the defendant was at fault for causing the accident and (b) that your injury qualifies as a “serious injury” (see NYS Insurance Law 5102(d) below). You must have evidence to prove both fault and a “serious injury”, or the Judge can dismiss your case as a matter of law and your case will not be permitted to proceed to trial. You must prove the other driver was at fault. If you were partly at fault too, it can reduce what you recover. However, under recent changes in New York law, if you are found more at fault than the other parties, your claim can be barred completely. That makes how fault is investigated and proven more important than ever. The sooner we are involved, the sooner we can secure the evidence: the police report, witnesses, photos, and video before it is gone. You have three years from the date of the accident to sue. If your claim is against the City or another municipality or public authority, it is far shorter. Usually you must serve a notice of claim within 90 days and sue within one year and 90 days, and some deadlines are even shorter.
NYS Insurance Law 5102(d)
“Serious injury” means a personal injury which results in:
death; or
dismemberment; or
significant disfigurement; or
a fracture; or
loss of a fetus; or
permanent loss of use of a body organ, member, function or system; or
permanent consequential limitation of use of a body organ or member; or
significant limitation of use of a body function or system.
What Limits of Auto Insurance Should You Have:
The Law Offices of Kaplan & Kaplan recommends that you carry auto insurance with the following minimum coverage limits:
No-Fault Personal Injury Protection (NF or PIP): $50,000 per person;
Liability: $100,000 per person/$300,000 per accident;
Uninsured-Supplementary Under-Insured (UM/SUM): Equal to Liability limits.
*If you own a home, it is recommended that you increase your Liability and Uninsured-Supplementary Under-Insured (UM/SUM) limits to the maximum limits and also purchase an Umbrella Insurance Policy to sit over your auto and homeowner’s policies.
*If you lease or finance your car, you should also purchase Gap Insurance to cover the leasing or financing charges, as you will only be reimbursed the actual cost of repairs or the market value of your car, whichever is lower.
Frequently Asked Questions
How long do I have to sue in New York? Three years for most accidents — but only 90 days if the City or another government agency is responsible.
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