You are injured in a car accident in Queens. If you have sustained serious injuries and property damage, you can file an insurance claim and ask for compensation. New York is a no-fault car insurance state. This means that you will turn to your own insurer and get compensated, through the PIP coverage you have. In this post, we are sharing more on what to know when injured in a car accident in Queens. 

The pure comparative fault

New York follows the pure comparative fault rule. If you decide to file a civil lawsuit against the other driver at fault, despite your own fault, the rule comes into play. You can file a lawsuit and win a settlement, but your compensation will be reduced by your share of fault in percentage. As the pure comparative fault rule, you can ask for compensation, even when you have a major fault, or your fault share is more than 50%. 

Reporting the car accident

If the car accident resulted in property damage worth $1,000 or more, you are required to complete and submit the Report of Motor Vehicle Accident form with the DMV. This must be done within 10 days, from the accident date, or your license can be revolved. If the accident resulted in injuries or death, you must notify the police immediately and should also file a report with the DMV. Do not try to run away from the scene, because that’s a criminal offense. 

You need a car accident lawyer

Although not mandatory, hiring a car accident attorney is extremely relevant and important. A good attorney can evaluate the worth of your car accident claim, help with insurance formalities and negotiate on your behalf. Keep in mind that the claims adjuster would do anything to shift the blame on you so that they don’t have to pay huge. Having a car accident lawyer is more about protecting your rights. 

Take action in time

Important evidence, witnesses, and other necessary details may vanish in no time. The statute of limitations in NY allows a period of 3 years to file an injury lawsuit, but to use your options, working in time to bolster the case is necessary. Make sure that you talk to a lawyer about your options, and whether you can file a lawsuit against the at-fault driver. 

Don’t step back from discussing the likely settlement with your attorney, besides expected costs.