What happens if the other driver is uninsured?
You may be able to file a claim under your own “Uninsured Motorist” (UM) coverage, which is mandatory in New York. This covers your bodily injury if the at-fault driver has no insurance.
Who pays my medical bills after a car accident?
New York is a “No-Fault” state. Your own auto insurance pays your medical bills and lost wages (up to $50,000) regardless of who caused the crash. For serious injuries, you can sue the at-fault driver for additional damages.
Do I need a lawyer for a car accident claim?
Yes, especially for “Serious Injury” threshold cases to sue for pain and suffering.
What evidence do I need for my claim?
Police report, medical records, photos, witness statements, and proof of lost wages.
Should I take photos of the accident scene?
Yes. Photos of vehicle position, damage, and skid marks are crucial evidence.
How can I document my injuries for a claim?
Medical records, X-rays, photos of bruising/casts, and a pain journal.
What injuries are common in car accidents?
Whiplash, concussions, broken bones, back injuries, and PTSD.
What if the other driver is uninsured?
You file an Uninsured Motorist (UM) claim with your own policy.
How is fault determined?
By evidence proving one driver violated traffic laws or acted negligently.
What is the statute of limitations for a car accident lawsuit?
3 years for personal injury lawsuits in New York.
