Copyright Ronald C. Burke, Esq. 2004

If you have been injured in any type of motor vehicle accident in New York State there are many reasons why you should consult an attorney as soon as possible. Insurance companies or their investigators may contact you to obtain a statement and/or conduct a recorded telephone interview which may be used against you in a lawsuit. You need an experienced advocate to level the playing field when dealing with sophisticated insurance companies.Your attorney can guide you through several important steps to protect your rights.
Under New York State's "No-Fault" law, you will likely be entitled to have your medical and hospital expenses paid up to a certain limit, even if the accident was your fault, through automobile insurance coverage. You may also be entitled to reimbursement of lost wages, again up to a certain limit, under New York State's "No-Fault" Law. However, under this same law you will not be permitted to maintain a lawsuit against the wrongdoer(s) who caused the accident unless you have suffered a "serious and permanent" injury as defined by the New York State Insurance Law. Lawsuits for injuries suffered in a motor vehicle accident arising out of the carelessness of others must generally be filed within three years. However, this statute of limitations is subject to numerous exceptions.
You must report an automobile accident to your insurance company promptly. New York State regulations were recently changed to benefit insurance companies and now require you to file a no-fault claim for medical expenses and/or lost wages within 30 days of the accident or you will forfeit your right to this benefit.
Most importantly, if you are injured in a motor vehicle accident, remember to: promptly report the accident to your attorney, your insurance company and the police; obtain prompt medical care; obtain the names and addresses of witnesses; and arrange to have your vehicle photographed to document the damage.
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