Suffolk County
Accident Attorney
24 Hour Hotline
(631) 499-3333

1. Do I have to stop if I'm in an auto accident?
2. If someone is injured, what should I do?
3. At the accident scene, what information should be gathered?
4. Should I ever admit guilt if I think the auto accident was my fault?
5. What happens if I receive a ticket?
6. Do I need auto insurance?
7. Should I see a physician after the accident?
8. Do I have to notify anyone of the accident?
9. If I am injured or my car is damaged, who pays the bills?
10. How do I make a claim for my injuries?
11. What is the procedure for handling a case?
12. Things to do

1. Do I have to stop if I'm in an auto accident?
Yes. New York law says you must stop, whether the accident involves a pedestrian, a moving car, a parked car or someone's property. If you drive away, you can be charged with "hit and run", even if the accident is not your fault.

Hit and run penalties are severe. Depending on the amount of damage or injury, you may be given a large fine, sent to jail or both. You also could lose your driver's license.

If you hit a parked car, try to find the driver. If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident; and you must notify the local police either by telephone or in person.

You must call the police if the accident caused a death or injury. An officer who comes to the scene of the accident will make a report. If an officer does not show up, you must make a written report on a form available at the police department.

Back To Questions

2. If someone is injured, what should I do?
The law requires you to give reasonable assistance to injured persons. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid, if you know how.

If you are not trained in first aid, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt more or killed, even if you do make the injury worse.

To avoid additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road, turning on your car's hazard lights and lifting the engine hood are good ways to warn oncoming traffic.

Arrange to get help for any injured persons, and try not to panic.

Back To Questions

3. At the accident scene, what information should be gathered?
Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident.

You and the other driver should show each other your drivers' licenses, vehicle registrations, and insurance card. Record:

• The other driver's name, address, date of birth, telephone number, driver's license number and expiration date, and insurance company.

• The other car's make, year, model, license plate number and expiration date, and vehicle identification number.

• The names, addresses, telephone numbers and insurance companies of the other car's legal and registered owners if the driver does not own the car.

• The names, addresses, and telephone numbers of any passengers in the other car.

• The names, addresses and telephone numbers of witnesses to the accident. Ask them to stay to talk to the police. If they insist on leaving, ask them to tell you what they saw and write everything down. Try to identify people at the accident scene, even if they will not give their names. For example, if a man who saw the accident drives off, take down his license plate number. Law enforcement officials can trace the owner's name and address.

• The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of the accident report.

• A simple diagram of the accident. Draw the positions of both cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or street lights. If you have a camera with you, take pictures of the scene.

Make notes, too, on weather and road conditions. If the accident happened after dark, say whether street lights were on. Estimate your speed and the other driver's. Be sure to note the exact time and place the accident happened.

Back To Questions

4. Should I ever admit guilt if I think the auto accident was my fault?
Do not volunteer any information about whose fault the accident was. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should talk to your insurance agent, your lawyer or both before taking the blame. Anything you say to the police or the other driver can be used against you later.

Do not agree to pay for damages or sign any statement or agreement.

However, be sure to cooperate with the police officer investigating the case. But, stick to the facts. For instance, if you were driving 30 miles an hour, say so. Do not say, "I wasn't speeding."

Back To Questions

5. What happens if I receive a ticket?
Read the ticket carefully. The front of the ticket might contain a command that you appear in court on a particular date. If so, you must appear and will not be permitted to enter a plea except in court. The back of some tickets will contain information about entering a plea of guilty or not guilty. You should consult with a lawyer immediately to discuss the best way to handle any ticket you receive.

Back To Questions

6. Do I need auto insurance?
Yes. Every motor vehicle registered in New York State must be insured for liability in case someone is injured as the result of the negligent operation of the vehicle. Currently, the minimum coverage required is referred to as "25/50". This means coverage of $25,000 for injuries sustained by one person in an accident and $50,000 for two or more persons injured in the same accident. More coverage is available and you should consult your insurance agent in this regard.

It is also important to talk to your agent about insuring yourself in case you are injured in a motor vehicle accident in which the other vehicle is either uninsured or is protected by a minimum policy. This is called Uninsured/Supplementary Underinsured" coverage.

Back To Questions

7. Should I see a physician after the accident?
A check-up may be a good idea for both you and your passengers. You could be injured and not know it right away. At least call your doctor or another health care provider for help in deciding what your needs may be.

In most cases in which a person is injured in a car accident (including accidents involving a pedestrian and a car) the injured person will immediately be eligible, provided that proper and timely notice is made to the correct insurance company, for medical treatment and other benefits to be paid by the insurance company. This is true no matter who was at fault in the accident. This type of coverage is called "No-fault" insurance. The specific facts of each accident determine which insurance company makes these payments. If you have car insurance, contact your agent immediately after the accident to get instructions. If you are not insured, in some cases you may be eligible for such benefits from another insurance company. You should consult with an insurance agent or with a lawyer immediately after the accident to get information with regard to this issue. Delay could result in your losing your right to this valuable benefit.

Back To Questions

8. Do I have to notify anyone of the accident?
Yes. First, you may need to call the local police (see #1).

Second, report the accident to your insurance company. Consult with your agent about the necessary forms, applications and reports that must be filed.

Third, you and the other driver might need to report the accident to the DMV within l0 days. Speak to your insurance agent or call the local office of the DMV to get further information.

Back To Questions

9.If I am injured or my car is damaged, who pays the bills?
That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have. There are two major types of insurance: "liability" and "collision."

Liability. If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy's limits. If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries. In New York, if you and the other driver both have car damage and you both are partly responsible for the accident, you each may be able to collect part of your loss. How much each of you collects from the other's policy depends on the amount of your damages and on how much each of you is at fault.

If you loan your car to someone who has an accident, your insurance pays for the damages-just as it would if you had been driving.

Collision. No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible. Most insurance companies do not offer collision coverage for very old cars.

You may have other insurance too. Your health insurance, for example, may pay your medical bills. Also, your automobile insurance may have medical payments coverage. If so, it will pay the cost of your medical treatment. This coverage can be used in place of your other health insurance or in addition to it.

Back To Questions

10. How do I make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation--for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You should consult with an lawyer to discuss the best way to proceed.

If you plan to seek compensation, do not delay. There are time limits for filing various types of claims--some within as little a four months---so act quickly. Consult with a lawyer as soon as possible after the accident.

Most accidents involve automobiles, motorcycles, slip and fall incidents, and defective products. Our office also handles wrongful death cases. Those are cases in which a person has died due to the fault of another. All attorney's fees are charged on a contingency basis. This means that no attorney fee is ever charged unless there is a financial recovery on the case. The amount of the fee is a prearranged percentage of the recovery. There is no retainer fee, no fee for the initial consultation and no fee for helping clients settle a claim for damage to their vehicle. All fee arrangements are made in writing. Many expenses are incurred in the handling of a personal injury case. Those expenses include such items as investigation, obtaining medical records and doctor reports, and court filing fees. Our office advances all expenses on behalf of the client.

Back To Questions

11. What is the procedure for handling a case?
Laurence A. Silverman is an attorney who has the resources to fight any insurance company or large corporation. Please contact Mr. Silverman via 24 hour phone at (631) 499-3333 or use our "Submit a Case Page" to initiate an inquiry with our law office.

Back To Questions

12. Things to do

Protect Yourself And Others:

• Drive defensively.

• Don't drive after drinking.

• Make sure you and your passengers wear seatbelts.

• Have adequate insurance coverage.

If An Accident Happens:

• Stop.

• Help or get help for injured people.

• Warn other motorists (use flares, hazard lights).

• Call 911 to contact the police if an injury or death occurs.

• Take notes on the accident and write down information about the other driver and car, witnesses, passengers, accident location and more.

• Cooperate fully with law officers, but speak with your insurance agent and/or lawyer before accepting any blame.

After An Accident:

Call or see your physician.

Report the accident to your insurance company and consult with your agent about the need to file an application for "No-fault" benefits and the need to file an accident report with the Department of Motor Vehicles. Contact Laurence A. Silverman, Esq., Attorney at Law if you want to seek compensation for your injuries or damages.

Back To Questions