Car Accidents FAQ Let Us Help You Move Forward

Petito & Petito, LLP

Frequently Asked Questions about New York Car Accidents

Seasoned Personal Injury Lawyer Serving Clients in Dutchess County, NY

If you were injured in any type of vehicular crash, you may understandably have questions about what you should do next. Our attorneys have over 55 years of combined legal experience and are prepared to answer all of your frequently asked questions about New York car accidents.

At Petito & Petito, LLP, we give each of our clients the unparalleled level of attention they deserve. Our team has successfully handled thousands of cases and taken numerous trials to verdict. After taking the time to understand your unique situation, we can walk you through your rights and advise whether you have a strong personal injury claim. 

Call (845) 400-9602 or contact us online to start exploring your options for recovering compensation. 

Do I Have to Call the Police after a New York Car Accident?

In most cases, yes. If anyone was injured, you are required to call 9-1-1 and remain at the scene of the accident until the police arrive. Calling the police also tends to be in your best interest. The responding officer will generate an official report that may become an important piece of evidence in a personal injury lawsuit. 

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Should I Contact a Lawyer after a New York Car Accident?

Yes, especially if you suffered serious injuries. You should contact an attorney as soon as you can after a car accident. Our legal professionals can help you field calls from insurance adjusters and the defense’s legal representatives. Our team at Petito & Petito, LLP can also help you gather evidence, file your lawsuit, and build a strong case. 

Do I Always Have the Right to File a Car Accident Lawsuit in New York?

Not necessarily. New York is a “no-fault” insurance state, meaning you will receive some financial compensation for missed work and medical bills if you are insured at the time of the accident and promptly file a claim. However, this compensation is capped and is often not enough to adequately cover injury-related damages. 

In New York, you only have the right to sue the other driver if you suffered “serious” injuries or you have suffered more than $50,000 of calculable, economic losses. You must also not miss the state’s deadline for filing a claim (discussed below). We can help determine whether your injuries are “serious” as defined under the law. 

How Long Do I Have to File a Car Accident Lawsuit in New York?

You only have three years from the date of the accident to file a personal injury lawsuit in the state of New York. Should a car accident result in death, the deceased’s loved ones will have two years from the date of the victim’s passing to file a wrongful death lawsuit.

Why Should I Not Talk to the Other Driver?

Why Should I Not Talk to the Other Driver, Their Insurance Adjuster, or Their Legal Team?

You may be tempted to start a conversation with the other driver immediately after the crash. Doing so is not generally advisable, as anything you say can and probably will be used against you. Avoid the urge to “apologize” or imply any level of fault. Make sure they do not require emergency medical attention, stick to the facts, and obtain their contact information. Otherwise, keep quiet until the police arrive.

Later on, the negligent driver’s insurance adjuster and/or their legal team may attempt to contact you. These parties are not looking out for you and are hoping you will say something they can use to build a case against you. Do not answer any questions, make any statements, or accept any offered settlements. Tell them your attorney will call them back.

Do All New York Car Accident Lawsuits Go to Trial?

No. Many personal injury lawsuits are settled in out-of-court negotiations. The defense will likely make one or more settlement offers. If a settlement cannot be reached, the case will go to court. Our lawyers are fierce negotiators who can advise whether accepting an offered settlement is in your best interest.

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What Types of Compensation Can I Recover in a New York Car Accident Lawsuit?

You can potentially obtain compensation for both “economic” and “non-economic damages.” Examples of economic damages include medical bills, property damage, missed wages, and lost earning capacity. Non-economic damages include loss of consortium, loss of enjoyment of life, disfigurement, humiliation, and physical and emotional pain and suffering.

Do not hesitate to call (845) 400-9602 or contact us online if you still have questions about New York car accidents. 

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