Identify the Breach of the Standard of Care
If you operate a motor vehicle on the road, you are assumed to owe others a duty of care. This means you are expected to operate your vehicle safely and responsibly. A failure to do so is tantamount to negligence. Similar rules of responsibility apply to towns and cities responsible for road repairs and the maintenance of traffic control signals. A failure to repair damaged roads or maintain traffic control signals can indicate negligence on the part of a town, city, state, or local government office.
The evidence collected in the previous step can be used to demonstrate that the at-fault party owed you a duty of care but breached it by not performing actions such as safe driving or road maintenance. Your evidence must show that the negligence of the at-fault party caused or contributed to your accident.
Evaluate Your Damages
You must quantify your damages when filing a claim. A dollar figure for your losses can be arrived at using prior case value research, medical care receipts, vehicle repair invoices, and any proof of income that you lost because of your injuries. Call Rosenberg & Gluck, L.L.P. for assistance with evaluating your losses. We can be reached at (631) 451-7900. Our Patchogue car accident lawyers can evaluate all of your accident-related damages so that you can include relevant damages in your personal injury claim.
Understand Personal Injury Insurance
After identifying the at-fault party, gathering evidence to prove their fault, and evaluating your damages, you need to break down the different insurance coverages that may apply to your accident.
According to the New York State Department of Motor Vehicles (DMV), all vehicles in New York must generally have:
- $10,000 in property damage coverage per accident
- $25,000 in bodily injury coverage and $50,000 for death of one person
- $50,000 in bodily injury coverage and $100,000 for the death of two or more people per accident
If you were involved in an accident with an uninsured or underinsured driver or were struck by a hit-and-run driver, you can make a claim against your uninsured or underinsured motorist policy–if you have one–to cover some of your losses as well. Additionally, if there is no available coverage, a claim can be made against New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC).
Filing a Lawsuit
Once you have completed all of the steps above, you are ready to file a lawsuit. You generally have three years in which to do so, but certain exceptions can apply that may shorten this deadline, such as if you are suing a municipality, or when bringing a wrongful death claim.
Contact Us to Learn More
Contact Rosenberg & Gluck, L.L.P. to learn more about filing a lawsuit, gathering evidence, or identifying the at-fault party responsible for your accident. We provide services in Spanish as well, and our team can be reached at (631) 451-7900. Our Patchogue car accident lawyers can help you with all of the steps above, and we look forward to assisting you with your case.
