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If you have
been hurt or injured by someone else's actions, it is important
to consult an attorney to protect your rights.
AUTOMOBILE ACCIDENTS
Much of the following is general information but some is based on New
York law. Please contact an attorney in your state to understand your
state's law and what your obligations and rights are.
THE ACCIDENT
If you are involved in a vehicle accident that injures a person or
property you must stop and give identifying information.
Injuries: If there are injured people call for help immediately. Offer
whatever first aid you can.
Protect the Scene: Make efforts to prevent further accidents. You may
be liable for damages to other vehicles. Move vehicles off the road if
possible and use flares or reflectors to warn other vehicles.
Exchanging Information: Trade information with all other drivers
involved. Obtain names and addresses of the driver and passengers and
name of the insurance company and policy number.
The Police: Call the police. A police report will be helpful; ask the
officer how to obtain a copy. Get the officers name and badge number.
Getting a ticket does not mean you are responsible for the accident.
Consult your attorney before pleading guilty since this may hurt your
claim.
Under no circumstances should you admit responsibility for the
accidents.
WITNESSES
Obtain names, addresses and phone numbers of as many witnesses as
possible. If they refuse to identify themselves write down their
license plate numbers. Don't discuss the accident with a witness.
Don't give their names to anyone but the police, your attorney, or
your insurance company.
AFTER THE ACCIDENT
Write down as many details of the accident as you can remember.
Include the date, time, exact location, road and weather conditions,
and speed of the other cars involved. Draw a diagram of the accident
showing the position and direction of the vehicles prior to and after
the accident.
REPORT THE ACCIDENT
Motor Vehicle Bureau: The law requires the operator of a vehicle
involved in an accident in N.Y. where a person is injured or killed or
there is property damage over $1,000 to anyone, including the driver,
to report the accident within 10 days. If the operator is unable to do
this the owner must make the report within ten days.
Insurance Company: You must notify your insurance company within a
reasonable time or for the company may try to deny their obligation to
protect you. If claims are made against you refer them to your
company. Don't discuss the accident with anyone making claims and
don't make promises or payments to them.
NO FAULT INSURANCE IN NEW YORK
New York has a mandatory no-fault automobile insurance law which
provides benefits for individuals injured in a vehicle accident
provided they were not under the influence of drugs or alcohol or
engaged in criminal activity. You may be able to receive up to $50,000
in benefits including all necessary medical and rehabilitative
expenses, lost earnings of up to $2,000 per month for up to three
years from the date of the accident, and up to $25 per day for a year
of other reasonable and necessary expenses.
Your policy may have extended benefits so you must review the policy
carefully.
THE RIGHT TO SUE
You also have the right to sue a negligent driver for your medical
expenses and economic losses exceeding $50,000 and for pain and
suffering if you suffer certain kinds of injuries.
UNINSURED MOTORISTS
New York State requires a minimum of $25,000/$50,000 personal
liability coverage, $10,000 in property damaged, and $50,000 in the
event of wrongful death in addition to the no-fault coverage. If the
owner or operator of the vehicle is uninsured contact your attorney
immediately.
NEGLIGENCE
You have the right to expect others to act toward you in a reasonable
manner. Negligent injuries may caused by: Defects on someone's
property; construction accidents; food poisoning; defective products;
being a victim of a crime in an unsafe building; diet plan illnesses;
school or playground accident.
If you are injured you should immediately seek medical help. Also,
write down as many of the details of the accident as possible.
MEDICAL MALPRACTICE
Although doctors and hospitals save lives and help keep us healthy,
they make mistakes as well. Negligent Treatment: Injuries resulting
from the wrong treatment, medication, or surgery.
Wrong Diagnosis and Failure to Diagnose; Injuries resulting from an
incorrect diagnosis causing new problems or a worsening of your
condition. Also, injuries from not being told of available
treatment.
Lack of Informed Consent: If you were not told about the side effects
of a procedure or medication, or about a procedure done to you.
Premature Release From the Hospital: Injuries from a hospital
releasing you prematurely.
If you have any questions about your treatment, contact another
physician.
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