Car Accident Frequently Asked Questions

How Long Do You Have to Report a Car Accident in NY?

New York State requires that you report any accident to the Department of Motor Vehicles within ten days if the accident involved any of the following:

• Personal injury
• Death
• Property damage over $1,000

How Long Do You Have to Make an Insurance Claim Following a Car Accident in Binghamton NY?

To seek no-fault coverage, you must report the accident and file a claim with your insurance provider within 30 days. For claims under other aspects of your coverage, you will need to review your auto insurance policy for deadlines. 

If you file a claim against the at-fault party, you generally have three years from the date of the collision to file a personal injury lawsuit. Minors have a longer time period to file claims. Claims against cities, towns, counties, and the state have a shorter time period. 

Are Seat Belt Extenders Safe?

The National Highway Traffic Safety Administration has not safety tested seat belt extenders, so their safety is unknown. If you do use a seat belt extender, consider taking the following precautions:

• Use a seat belt that matches your specific vehicle and existing seat belt.
• Read the instructions carefully.
• Position the seat belt so that it is placed at the center of your body and does not shift off the collarbone.
• Never use a seat belt extender with children or car seats.

What Do You Do After a Car Accident? 

If you are ever involved in a car accident, taking these steps can protect your health and legal claim:

• Check on the safety of everyone involved in the accident.
• Contact the police to report the accident and request an ambulance, if necessary.
• Get the names, contact information, driver’s license numbers, and insurance information for all parties involved in the accident.
• Obtain contact information for any witnesses.
• Take pictures of your injuries, damage to the vehicles, and the accident scene with your phone camera. 
• Seek immediate medical treatment.
• Contact an experienced injury lawyer who can take steps to protect your rights and handle your insurance claim.

Who Pays If I Am Injured in a Car Accident?

New York is a no-fault insurance state, so injured victims generally turn to their own insurance to cover their medical expenses and lost wages. If they suffer a “serious injury” or they exhaust their no-fault coverage limits, they can file a claim against the at-fault party that caused their injuries. They also turn to the other driver’s liability insurance policy for coverage for their vehicle repairs or replacement. 

How Can a Car Accident Lawyer in Binghamton Help Me?

A Binghamton car accident attorney can handle the legal aspects of your claim so that you can concentrate on your recovery. Have peace of mind knowing that your lawyer is capably handling:

• A thorough investigation to identify all the factors that contributed to your accident and responsible parties
• Communications with insurance companies and other parties
• The gathering of evidence to help support your claim and calculate the full extent of your damages
• Negotiations with the insurance company to fight for your maximum recovery
• Further court action if the insurance company fails to make a fair offer to properly compensate you for your injuries

How Do You Know Who Is at Fault for a Car Accident?*

A thorough investigation is often necessary to determine who is at fault for a car accident. The following sources may help show who is legally at fault for a car accident:

• Accident report
• Witness statements
• Location and severity of vehicle damage
• Rules of the road 
• Cell phone records (in the case of distracted driving)
• Analysis of damaged car parts
• Photos or videos of the accident scene or the at-fault party committing a traffic violation
• Reports from an accident reconstruction expert

What If I Was Partly at Fault for a Car Accident?

Under New York’s comparative negligence law, the value of any settlement or award you receive for car accident damages can be decreased based on your proportion of fault. For example, if you sustained damages of $100,000 and are found to be 20 percent at fault, your award could be reduced by $20,000 so you receive $80,000 total. 

However, you should not let any thinking that you might be partially at fault for a car accident in Binghamton deter you from seeking legal advice and representation from an experienced accident attorney. You may not be aware of factors that may have caused or contributed to the crash, such as the other driver being drunk or a part in their vehicle being defective.

How Much Money Can I Recover from a Car Accident Settlement? 

The amount of compensation you can recover from a car accident settlement largely depends on the extent of damages you sustained, which might include:

• Medical expenses, including ambulance charges, hospital stays, follow-up treatment, rehabilitation, and medication
• Lost wages and reduced earning capacity
• Car repairs or replacement costs
• Physical and emotional pain and suffering, as well as loss of enjoyment of life

How Much Does a Car Crash Lawyer Cost? 

Some accident victims try to handle their claim themselves because they are worried that they cannot afford a personal injury lawyer. However, our Binghamton car accident attorney at Scott C. Gottlieb, Injury Law Attorney works on a contingency fee basis. This means that you do not pay anything unless we are able to recover compensation on your behalf. Our fee is a percentage of whatever we recover for you. You do not have to pay anything upfront and can immediately benefit from our services.

How Do I Find the Best Car Accident Lawyer?

Some characteristics to look for in a personal injury lawyer include:

• Experience – Scott C. Gottlieb has decades of experience representing accident victims throughout Binghamton and surrounding areas in New York.
• A track record of success – Scott C. Gottlieb has an impressive track record of success, including several multimillion-dollar recoveries for accident victims.
• Satisfied clients – The best way to know what it will be like working with a particular personal injury lawyer is knowing about other clients’ experiences. Scott C. Gottlieb has a 10.0 Avvo rating. Attorney Scott C. Gottlieb was honored once again to receive an AV Preeminent Rating, the highest possible rating from Martindale-Hubbell.
• Access to experts – Our firm has access to leading experts who can help support your case. You may benefit from our network of medical experts, investigators, financial consultants, and accident reconstructionists.
• Compassion – One of the most important attributes your legal team can have is compassion for your situation. Our team treats our clients like family. We want to make your life easier after someone else’s negligence has harmed you. We promise to treat you with integrity and empathy.

If you would like to learn more about how we can help with your accident claim, contact Scott C. Gottlieb, Injury Law Attorney for a free case review.