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Obtain names, addresses, telephone numbers, and driver's license numbers from all drivers. Obtain license plate(s) and vehicle identification numbers. Ask to see driver's license(s) and vehicle registration(s) to verify the information is accurate.
Just as the name sounds, New York No-Fault law is designed so that insurance will pay for the economic losses of those who are injured no matter who was at fault for the accident. Those injured do not have to prove anyone was negligent when they apply for benefits under the policy.
The statute of limitations in New York for a personal injury action, including those involving car accidents, is three years. The timeline begins running on the date the accident occurred. However, there are certain circumstances under which the statute of limitations may be much shorter.
If you are in a traffic crash that involves a fatality or personal injury, you must report it to the DMV. You must also report any traffic incident or crash that involves $1000 or more in damage to the property of any one person.
Call 911 or police to ensure emergency personnel can treat injured people on the scene and to make sure a police report is made. If you don't need to be taken by ambulance to be treated at the hospital, be sure to seek medical treatment as soon as possible at the ER, urgent care, or your general practitioner.
When pursuing a personal injury claim outside the no-fault system, New York uses the comparative negligence law for determining fault. Under the comparative negligence law, if you suffer an injury resulting from the accident, you can recover an amount based on your proportionate level of fault.
4) What is a Notice of Intention to File a Claim? A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a claim.
Step-by-Step Guide for Filing a Personal Injury Claim in New York City Check for Injuries and Call 911. ... Obtain Prompt Medical Care. ... Take Photos and Gather Information. ... Speak With an NYC Personal Injury Attorney. ... Gather Evidence. ... Calculate Damages. ... Determine Liability and Negligence.