To receive no-fault insurance benefits, you must report crashes to your insurance company within 30 days, according to the New York Department of Financial Services. You may also need to notify other parties, such as the police.
You Should Report Your Collision As Soon As Possible
While you have 30 days to notify your insurance company, you should report the crash as soon as possible. Even for minor collisions, by promptly reporting, you:
- Protect your right to coverage
- Create a record of your injuries and collision
- Add validity to your account
- Present yourself as trustworthy
- Prevent negative repercussions, such as a claim’s denial
After a crash, seeking medical attention, calling the police, and reporting it to insurance create an account of what happened. Even if you aren’t sure if you can seek additional damages through a lawsuit, reporting the crash keeps that option open.
Moreover, while it may seem counterintuitive, reporting a crash can protect you from lawsuits. Not notifying your insurance can make it seem like you were trying to conceal the incident.
If serious injuries prevented you from notifying insurance in time, we can prepare written proof of why you couldn’t meet the requirement.
Insurance and Lawsuit Deadlines are Different
Depending on your situation, you could pursue a lawsuit to recover damages beyond basic no-fault coverage. Per the New York State Department of Financial Services, your own insurance generally covers:
- 80 percent of your lost earnings up to $2,000 per month
- Your necessary medical treatment
- Up to $25 a day for certain expenses, like in-home help and childcare costs
Yet, if you suffered a serious injury, you can seek other damages through a lawsuit. In New York, the deadline for filing a lawsuit is generally three years, per CVP § 214.
Abiding by this deadline does more than preserve your legal rights; it also gives your lawyer time to investigate your case, gather evidence, and negotiate a settlement.
Some factors can change your filing deadline and can significantly shorten the time you have to act. To learn about what deadlines apply to you, our team can evaluate your case for free.
What You Must Report to Your Insurance Company
You must provide the insurance company with basic information, such as:
- Your identifying information, such as your name and policy number
- Time of the crash
- The location of the crash
- The circumstances of the crash
You only need to give this information. If the claims adjuster presses for more details, refer them to your lawyer.
We Can Speak to the Claims Adjusters on Your Behalf
If you’re anxious about talking to an insurance representative and filing a claim, we can do that for you. We can advise you on what to say or even communicate with the insurance company for you. This is just one of the many ways we protect claimants’ legal rights.
You Should Report the Incident to These Parties
Knowing how long you have to notify your insurance company after a Long Island car accident is just one step in seeking damages.
You may also need to report the collision to:
- Law enforcement
- The Department of Motor Vehicles (DMV)
- Another government entity
How to Notify Law Enforcement of Your Crash
If you were in a collision involving injuries, death, or damage, New York requires you to report the crash to the police as soon as possible. This includes crashes involving parked cars. Failing to report the collision could result in a hit-and-run charge, per NY VAT § 600.
If the collision caused property damage over $1,000 and you don’t report it, possible punishments include:
- Fines up to $250
- Up to 15 days in prison
If the collision caused injuries and you don’t report it, you could face:
- Fines ranging from $500 to $1,000
- Up to a year in prison
- Misdemeanor charges
Failure to report a crash with serious injuries carries even stiffer penalties:
- Fines ranging from $1,000 to $2,500
- Up to four years in prison
- Felony charges
You don’t have to notify the police if they came to the collision scene. If not, however, you generally have 10 days to file a police report.
How to Notify the DMV Following Your Collision
Similar rules apply to notifying the DMV. Once again, if damage from the collision exceeds $1,000 or someone is hurt, you need to file a report within 10 days, per NY VAT § 605.
The New York DMV has detailed information on how to file the report. If you have any questions about this process, our automobile collision attorneys can help.
How to Notify a Government Entity
In some cases, you can bring a lawsuit against a government entity, such as a city or town. For instance, perhaps you were hurt by a city bus, or you suffered a crash because of improperly maintained roads.
You generally have 90 days to file a Notice of Claim, per NY GMU § 50-E. This essentially notifies the government of your legal intentions. It also includes:
- Your name and address
- The nature of the collision
- The time and place of the incident
- The damages you sustained
- Your attorney’s name
Filing a Notice of Claim can get complicated. Our lawyers can review your options and file your case’s necessary paperwork.
You Should Consider These Measures Following Your Collision
In addition to notifying the involved parties, the following measures could also protect your rights:
- Seek medical care
- Document your injury-related damages
- Request a copy of the police report and check it for accuracy
- Write down your version of events
- Save all written correspondence between yourself and the other parties
Our attorneys can provide more insight into the dos and don’ts following a crash.
If You Have Any Questions About Deadlines, Get Answers Now
After a Long Island car crash, our lawyers can review your case and notify the involved parties. The team at Rosenberg & Gluck, L.L.P. can guide you through the various timelines, paperwork, and procedures required to pursue compensation. Call today for a free consultation at (631) 994-1910. We help Spanish-speaking claimants also.
