Auto Injury Questions
Accident Scene Questions  |  Insurance Company Questions  |  No-Fault Questions

Accident Scene Questions

If I’m in an accident, should I stop?
Yes! You must stop. Regardless of whether the accident involves a pedestrian, a parked car, someone's property, or a moving vehicle, you are required by law to stop. If you leave the scene of an accident, you can be charged with "hit and run" even if the accident is not your fault. If you hit a parked car, you are required to attempt to find the driver. If you cannot, the law states you may drive away only after you leave behind your name, address and an explanation of the accident. After, you must notify the police either by telephone or in person.

How can I get help?
As soon as you can get to a telephone, call 911. Explain the situation and advise them of your location. Be sure to mention if you need an ambulance or a fire engine. If you do not have a cell phone, try to flag down a passing vehicle, and ask them to get help. If you are in a dark location, such as a country road, and cannot get through on a cell phone, it is recommended, to drive to the nearest safe location (i.e., a gas station, a house with their lights on, etc.) and call the police.

At the accident scene, what information should I get?
Obtain as much of the following information as possible and write down:

• The other driver's name, address, date of birth, and telephone number.
• Their driver's license number and expiration date.
• Their insurance company.
• The other car's make, year, model, license plate number and expiration date, and vehicle identification number ("VIN").
• If the driver is not the owner, you will need to get the owner’s name, address, telephone number and insurance company.
• The names, addresses, and telephone numbers of any passengers in the other car.
• The name, address and telephone number of any witnesses to the accident. If they are unwilling to stay, ask them what they saw and write it down.
• If there was someone at the scene that will not give you his or her name, just write down his or her license plate number. The police officer can trace the owner's name and address.
• Make a simple diagram of the accident. Please note if there were any skid marks on the road.
• If you have a camera with you, take pictures of the scene. The camera on your cell phone will do.
• Take notes on the road and weather conditions. If the accident happened after dark, were the streetlights on?
• Estimate how fast you were going, as well as the other driver. Be sure to note the exact time and place the accident happened.

What if the accident was my fault?
Be sure to cooperate with the police officer investigating the case, but stick to the facts. Also, we recommend you pay attention to any statements made by the other driver and write it down. Many times, even if you think you are responsible for an accident, it may be learned later that the other driver may also be at fault.

What if I get a ticket?
Sign it. When you sign a ticket, it is nothing more than your promise to appear in court. If you do not sign the ticket, the police officer can arrest you. While it is okay to sign the ticket, you should talk with your attorney before you pay a fine or plead guilty to the charges.

Do I have to report an accident?
Yes. You may need to call the police first, but as soon as you get home, you need to call your insurance company. Ask your agent what forms you should fill out and to help you make other necessary reports on the accident. Click here for no-fault information.

Insurance Company Questions

Who pays if I am injured or my car is damaged?
The responsible party’s insurance company. If you caused an accident, your liability insurance will pay the other driver for damage to his vehicle and personal injuries up to your policy's limits. If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries. If you loan your car to someone who has an accident, your insurance pays for the damages - just as it would if you had been driving.

What do I do if the other driver does not have insurance?
If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries if you have "uninsured motorist" or "medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference if you have "underinsured motorist" coverage. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.

No-Fault Insurance

Under New York law, when a driver or passenger is injured, the vehicle owner's insurance company pays for their medical bills and lost wages. If the injured person is a pedestrian, the company insuring the car that struck the person will pay. No-Fault benefits are available even if the car was uninsured. Benefits may be obtained through New York Motor Vehicle Accident Indemnification Corp. (MVAIC) or through the injured person's own or family member's insurance company. Please note, however, a person or person's spouse who OWNS an UNINSURED motor vehicle is not eligible for no-fault benefits, no matter if they are the driver or a passenger in that uninsured vehicle.

No-Fault benefits include:

No-Fault benefits are not available to any person who was driving while intoxicated or under the influence of drugs or if she intentionally caused her own injury. Similarly, these benefits are not available if the accident occurred while someone was committing a felony.

Making a claim for No-Fault benefits

In order to obtain No-Fault benefits, you must give notice to the insurance company within 30 days of the accident. When you speak with your insurance company after the accident, request that they send you the New York State No-Fault Application. You will be given a claim number and the name of an insurance company claim representative you or the medical provider can send the bills to. You may also contact this person if you feel you are not receiving the appropriate benefits.

If the insurance company feels medical payments are unnecessary, they can require you to attend a physical examination with a doctor of their choice. If the doctor concludes your medical treatment is no longer needed, or you are able to work, your benefits will stop. If you disagree with this determination, you can request an arbitration to test these findings. However, everyone's benefits will terminate when $50,000 has been paid.

If you do not receive your benefits, there is an arbitration procedure, which can force the insurance company to pay them. An arbitrator’s award can also include payment of interest and attorney's fees.