What to do if you got into an accident in New York: how to get compensation and protect your interests

Every month in New York City about 8 thousand accidents involving more than 16 people. If you are a driver or pedestrian in New York, there are a few important things you should know about what to do if you are involved in an accident.

Photo: IStock

Lawyers from DTP-America, a company that provides assistance to Russian-speaking immigrants involved in road accidents in the United States.

What payments can be received by victims and participants in an accident in New York

A person involved in an accident in New York can count on several types of payments:

• for medical rehabilitation;
• compensation for loss of wages;
• compensation for moral damage in an accident;
• compensation for damages due to payment of fines.

But these payments will not automatically fall into the accident participant's account. First, the the right to receive them and the amount depend on whether the person is recognized as the culprit or victim of an accident.

If the participant of the incident is found not guilty in the incident, then, according to the law of the State of New York, he can count on compensation up to $50, but the limit may be higher. This limit includes:

1. Reasonable accrual of reimbursement costs for medical bills.
2. Disability compensation. A person retains 80% of wages for 3 calendar years, but not more than 2 thousand dollars per month.
3. Within one calendar year, you can count on compensation for expenses related to the maintenance of a vehicle damaged in an accident at special parking lots (up to $ 25 for each day).
4. In addition to a fixed amount of $50, relatives of an accident victim can receive an additional $2 if the participant in the accident died.

Car accident victims or their relatives may also be eligible for pain and suffering benefits. When awarding this compensation, a combination of several factors is taken into account, including the severity of the injuries sustained. You can claim payment in the event of the death of a participant in an accident, loss of limbs, disfigurement of the face or body, loss of the fetus in pregnant women, but not only. Each specific case is assessed separately on the basis of a number of indicators.

On the subject: What to do if you are involved in an accident in America: step-by-step instructions for immigrants and more

And secondly - and this is the most important thing - the insurance company will fight for its money and will not make a single payment without a fight.

Lawyers of insurance companies in every possible way will challenge the claims of a participant in an accident for damages. If it is not possible to completely avoid payments, then the insurance company will, by hook or by crook, underestimate the amount of compensation to injured persons. Often there are situations when small accidents, for example, with a motorcycle, run into complete disregard by the insurance company.

In addition, insurers will require all kinds of papers and evidence from the participant in the accident. For example, even if there are all indications that you are the victim of an accident, you will be asked to provide evidence of this.

This is why any American who gets into an accident will call a lawyer first. Immigrants should adopt this habit, especially since in the USA it is even more difficult for them to defend their rights on their own - the language is foreign, the legal system is completely different and the experience of negotiations with insurance companies is most likely zero.

Company DTP-America provides legal services to Russian-speaking immigrants in the event of an accident in New York. A professional accident lawyer knows the pain points of the US insurance system, and will be able to prove to insurers the fact of a traffic accident, clearly present you as a victim, and, by court order, you will be awarded compensation.

Call for price 1 833-387-2637! Hotline DTP-America works around the clock.

Experienced lawyers working in accident-America, have a well-developed algorithm for working with a client involved in an accident in New York:

1. Studying all the details of the incident.
2. Collection of evidence, including interviewing witnesses, collecting video material from street video surveillance systems, as well as from DVRs of witnesses' vehicles.
3. Formation of the argumentation base of the proof of your innocence.
4. Determining the guilt of the other party involved in the accident.
5. Participation of a professional lawyer in negotiations with insurance companies in New York.
6. A medical or independent injury assessment to help determine your maximum coverage from insurers.

What you (or your insurance company) will have to pay if you are found to be at fault in an accident in New York

If you are found guilty of an accident in New York, then the payments will most likely fall on the shoulders of your insurance company (much depends on your insurance policy and the breadth of its coverage). Under New York State law, a person injured in an accident can only sue the person at fault in an accident if the victim suffered serious and/or irreparable injuries. These include fractures, soft tissue bruises, and more.

Of course, in the event of such a claim, you need a lawyer who can defend your interests and present the situation in the most favorable light for you, you should be pleased that your insurance company will provide you with such a lawyer.

But if you have any questions DTP-America can advise you in Russian. Telephone for consultations 1 833-387-2637 (XNUMX hours a day).

Photo: IStock

Another option in New York “guilty but not really” — The state has a comparative fault rule. If both parties are at fault in a car accident, the jury will consider the extent of each person's fault and award damages based on the percentage of fault and degree of injury. That is, the percentage of compensation to the victim is reduced by a percentage that is equal to the share of his fault.

In that case too need a lawyerto best represent you in court and prove that your fault was minimal.

If you were not in a car accident, or how to get compensation for cyclists and pedestrians injured in an accident

Minor accidents involving pedestrians, cyclists and motorcyclists are a headache for those affected. Insurers are trying in every possible way to ignore such accident victims and it is almost impossible to achieve payments on their own. Insurers will defiantly ignore you until you get a competent lawyer who can defend your interests.

It is better for the lawyer to assess the situation immediately after the accident, then it will be easier for him to prove that you were injured in the accident, which means you are entitled to compensation. If you call him months later, it will be difficult to gather evidence.

You may be interested in: top New York news, stories of our immigrants, and helpful tips about life in the Big Apple - read it all on ForumDaily New York.

Lawyers DTP-America have repeatedly helped victims of car accidents in New York, including cyclists and pedestrians, get justice in the courts and claim compensation for medical insurance, as well as temporary disability. Consultation is available at 1 833-387-2637 (XNUMX hours a day).

How not to do or three common mistakes that can make it difficult to get compensation after an accident

We all already understood that after an accident in New York, you need to contact a lawyer as soon as possible. But in DTP-America they say that what you didn't do after the accident is sometimes more important (and more harmful) than what you did.

Here are three mistakes that can significantly ruin your case and reduce your chances of receiving compensation:

1. Acknowledgment of guilt in the accident. Even if you initially think that you are partially to blame, do not prematurely admit your guilt. Let the facts speak for themselves. The broader context may show that the accident was caused by no fault of yours.
2. Delay in contacting a lawyer. Road traffic accidents are complex and require the collection of a large amount of evidence. The longer you wait, the more evidence disappears or becomes difficult to find.
3. Late receipt of medical care. Seeking medical attention right away is vital not only to your health, but also to your case in court. At the medical examination, an official record of your injuries is created, which then serves as proof that these injuries were caused precisely by the accident, and not received after it. Therefore, it is better to consult a doctor immediately.

For more helpful information on how to deal with an accident in the US, visit DTP-America or on the company's social media pages:

• Instagram
• Facebook
• Telegram
• VKontakte

Read also on ForumDaily:

How to choose the right car insurance in America

Traffic accident lawyer in the USA: why he is necessary for all participants in the accident

What to do if you are involved in an accident in America: step-by-step instructions for immigrants and more

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