Denlea & Carton


June 30, 2020

What to Do After a Car Accident in New York

What Should I Do If I’ve Been in a New York Auto Accident?

If you are involved in a car accident in New York, you need to act quickly to preserve your right to recovery. Car accidents, in general, can be traumatic, particularly if there are injuries involved. If you have suffered injuries, you need to speak with an experienced injury attorney as soon as possible.

At Denlea & Carton, our knowledgeable legal team will help you get the maximum compensation available in your case. We have recovered millions on behalf of car accident victims throughout New York. You should never have to pay for someone else’s negligence or settle for less than your case is worth. Contact our offices today for a free case evaluation at (914) 368-7168.

If you have been involved in an auto accident in New York, consider these essential steps:

1. Seek emergency medical treatment.

If you or another person was injured in the accident, call 911 immediately. Law enforcement will help determine whether a person needs an ambulance or should be airlifted to a nearby hospital. In most cases, your body may be in shock in the immediate aftermath of an accident. You may be unaware of the full extent of your injuries. It is critical to be seen by a medical professional and to continue treatment.

2. Get to safety.   

If your car is operational, try to get to the side of the road. If you or another party are seriously injured, it may be dangerous to attempt to move. Never attempt to move a person who is unconscious or experiencing neck or back pain. Wait for emergency medical personnel to arrive.

If your airbags deployed as a result of the accident, do not attempt to drive your vehicle. Turn off your engine and exit your car when safe to do so. Never leave the scene of an accident without exchanging information with the other driver and waiting for law enforcement if there were any injuries or significant property damage.

3. Exchange information.

If you are involved in a collision in New York, regardless of whether there are any injuries, make sure you obtain the following from any other involved drivers:

  • Name
  • Driver’s license
  • Insurance information
  • Registration
  • Phone number
  • License plate

Under New York law, all involved drivers must file an accident report if the property damage of any person is $1,000 or more. You are required to submit the Report of Motor Vehicle Accident within ten days of the accident, or the New York Department of Motor Vehicles may suspend your driving privileges. If a person is injured or killed, all involved drivers and the police must file an accident report.

When exchanging information, never make any statements regarding the accident. It is not your job to determine fault, and you should never admit liability. Accidents can have a number of contributing factors; there needs to be a thorough investigation to determine who is responsible.

4. Speak to witnesses and note any observations.

If there are any witnesses, try to obtain their information such as name, telephone number, and address to provide to an attorney. Try to make a detailed account of what happened before, during, and after the accident. Take pictures at the scene and note any observations about the road, traffic, and weather conditions.

4. Never accept a settlement without speaking to an attorney first.

Depending on the circumstances, you may be contacted by a negligent party’s insurance company offering a settlement. You should never accept a settlement without having it reviewed by an experienced New York car accident lawyer. An insurance company will rarely have your best interest at heart and will often try to get you to settle quickly for the least amount of money possible.

5. Contact an attorney.

Regardless of whether you think you were partially at fault for the accident, you may still be able to collect under New York law if you were seriously injured in an auto accident. You should always contact a skilled trial attorney before accepting a settlement from the insurance company.

According to Section 214 of the New York Civil Practice Law & Rules (CPLR), you only have three (3) years to bring a claim for personal injury. Pursuant to the CPLR, you must file a lawsuit within three years from the date of the car accident.

How Denlea & Carton Can Help

The recommendations listed above are by no means exhaustive. If you have been seriously injured, you need help now. Let Denlea & Carton get you the money you need and the justice you deserve. Too often, insurance companies fail to take into consideration the full extent of a person’s injuries, including future lost wages when someone is unable to work, and future medical treatments. Our White Plains accident and injury lawyers know how stressful an auto accident can be and will fight hard to get you the maximum recovery available. Contact Denlea & Carton today at (914) 368-7168 to get your case started


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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