If I Have Been in a Car Accident, Are There Certain Dos and Don’ts?

Being involved in a car accident is a disorienting experience, which makes it easy to make mistakes that could hurt your health and your ability to secure compensation for your injuries. That’s why we have put together this guide, to help you understand what to do (and not do) in the moments, days, and weeks following your car accident.

One way you can avoid some of the “don’ts” of being in a car accident and ensure that you take the right steps to protect yourself is to consult with a car accident lawyer as soon as possible after your crash. When you contact The Law Office of Mark A. Siesel, we’re happy to offer a free consultation where we can explain what to do next and where we can review whether you may have a claim. If you have been in a car accident in Westchester County, the Hudson Valley, New York City, or any surrounding area, contact us for a free consultation.

What You Should Do After a Car Accident

If you’ve been in a car accident in New York State, here is what you should do:

• Check for Injuries and Call 911. Safety first. Check yourself and any passengers for injuries. If there are serious injuries or potentially serious injuries, call 911 to report the crash and request emergency medical services.
• Move to Safety—If You Can. If your vehicle is blocking traffic but it’s safe to move, pull off to the side of the road. Turn on your hazard lights to alert other drivers.
• Exchange Information. Get the name, contact information, driver’s license number, license plate, and insurance details of all drivers involved. Be polite, but avoid discussing fault or apologizing. These statements can be used against you, so just stick to the facts.
• Document the Scene. Take clear photos or videos of the vehicles, license plates, road conditions, traffic signs, and any visible injuries. If there are any bystanders or other drivers who saw what happened, ask for their names and contact information. Take note of when the accident happened, where the accident happened, any businesses nearby that could have security cameras, and anything else that seems relevant.
• Report the Accident. New York is a no-fault state, meaning your own insurance typically covers initial medical bills and lost wages. You will need to report your accident to your insurance company to get the process started. New York law also prohibits you from leaving the scene of an accident and requires you to report most accidents by filing a Report of Motor Vehicle Accident with the Department of Motor Vehicles.
• Get Medical Attention. Even if you don’t feel hurt right away and don’t need to call 911, get checked by a medical professional as soon as possible after your accident. Some injuries, including serious head injuries, are not immediately obvious but still require prompt treatment.
• Contact an Experienced Car Accident Attorney. Before giving a statement or accepting a settlement offer, speak with a lawyer who can explain all your options. Attorney Mark Siesel has nearly 40 years of experience helping injured New Yorkers secure full compensation and you can schedule a free consultation with his law firm, The Law Office of Mark A. Siesel, to find out more about your right to compensation.

Taking these few steps can give you the foundation of a strong case. Even if you’re not sure you want to file a claim after your car accident, always follow these practices so you can secure fair compensation.

What Not to Do After a Car Accident

What you don’t do after a car accident can be just as meaningful as what you do. Avoid these common mistakes to avoid hurting your case:

• Don’t Leave the Scene. Leaving the scene of an accident without exchanging information or waiting for law enforcement is illegal. Failing to report an accident that has resulted in an injury or property damage can also be a misdemeanor under New York Vehicle and Traffic Law
• Don’t Admit Fault. Even if you think you may have contributed to the crash, don’t say that. Don’t agree with another driver’s claim that you caused the accident and don’t apologize for the accident (this can be seen as an admission of fault). The full story about the collision may not be clear until an investigation is completed, so stick to the facts and just speak enough to exchange contact and insurance information with other drivers.
• Don’t Skip Medical Treatment. Delaying medical care can harm your health and your legal claim. Insurers may argue that your injuries weren’t serious or weren’t caused by the accident if you avoid medical treatment. Always get medically evaluated soon after your accident, go to all your medical appointments, follow your treatment plan, and keep careful records of all your medical care. This can help establish how seriously you were injured.
• Don’t Go Public About the Accident on Social Media. While you may want reassurance by sharing details of your situation, anything you say or share on social media or anywhere online can be used by insurance companies to dispute your claim. Even what you say to friends, family, and coworkers can harm you. It’s best to stay silent about the crash.
• Don’t Dismiss Your Mental Health. Traffic accidents are a leading cause of PTSD in the United States. Your mental health matters as much as your physical health, so if you experience mood swings, depression, sleep disturbances, personality changes, or any other symptoms after your car accident talk to your doctor or a qualified therapist.
• Don’t Accept the First Settlement Offer. Insurance companies often make quick offers hoping you’ll accept before realizing the full cost of your injuries. It’s important for you to understand your diagnosis and the likely future impact on your finances and earnings capacity. Always speak with a lawyer before signing anything or before making any statement. An experienced attorney can help you avoid accepting an offer that doesn’t cover your costs.

Keep in mind that the moments and even weeks after an accident are turbulent. You may be upset by the crash and you’ll likely be encountering insurance and legal terms you’ve never heard before. It’s easy to make mistakes in this situation, which is why consulting with an attorney is so important. A lawyer knows the tactics that insurance companies use and the most common mistakes car accident victims make, and can help you avoid harming your claim.

When Should I Contact The Law Office of Mark A. Siesel?

After a car accident, you deserve a legal advocate who fights tirelessly on your behalf. At The Law Office of Mark A. Siesel, we offer:

• Personalized attention from a Westchester County attorney who has almost 40 years of experience.
• Extensive knowledge of New York’s no-fault and liability laws.
• Aggressive negotiation with insurance companies, freeing you from having to work with insurance companies alone.
• A track record of successful recovery in complex personal injury claims.
• No legal fees unless we win your case.

The best time to reach out? As soon as possible after your car accident. When you reach out to us first, before you make a statement to insurance companies or sign anything, we can advise you on what to avoid doing. By the time you have signed documents, you may already have signed away your rights. The sooner you contact our team and retain a car accident attorney, the sooner we can work to get statements from witnesses and start securing evidence.

If you have been injured in a car accident, contact The Law Office of Mark A. Siesel for a free, no-obligation consultation. We’ll review your case, explain your rights, and answer your questions. Our law firm is proud to serve Westchester County, the Hudson Valley, New York City, and surrounding areas.