WHAT TO DO IF YOU GET INTO A CAR ACCIDENT

by Sandra M. Radna, Esq. and Robert Androsiglio, Esq.

Well here we are in the thick of it.   It’s the holiday season and we all know what that means…lots of holiday parties, holiday fundraising events, family parties and rushing around because we don’t have enough time to do it all. 

This is also, unfortunately, the season for car accidents.  Statistics from the National Highway Traffic Safety Administration show that during out 2009 holiday season there were hundreds of car crashes.  In fact, during the 2009 three day Christmas period there were 262 deaths and during the 4 day New Year’s period there were 468 deaths.

The bottom line is that car accidents are a fact of life so you need to be prepared and know what to do if it happens to you.  Here is a checklist that you should keep in your car:

If You Are In A Car Accident:

1. Make sure everyone in your car is alright.  If anyone is hurt, do not move them.  Call 911 for help.
2. Try not to move the cars until the police arrive.
3. Do not make any statements to the other drivers, witnesses or insurance representatives for the other driver(s) without first speaking to an attorney.
4. If any driver appears to be under the influence of alcohol or drugs, notify the police or other emergency personnel immediately.
5. While at the scene of the accident, try to obtain the full names and addresses of the drivers, passengers and owners of all vehicles involved and the license plate numbers of all drivers.
6. Obtain the full names and addresses of any pedestrians or other parties involved in the accident.
7. Obtain the full names and addresses of any witnesses to the accident.
8. If possible, take photos of the accidents and the vehicles involved.

It is important that you contact your car insurance company as soon as possible after the accident.  In New York State, when you are in a car accident your medical bills must be paid by your car insurance company instead of your regular health insurance company.  You only have 30 days to file your claim for medical benefits by filling out a “No Fault” application with your insurance company.  If you do not file within 30 days following the accident, your medical bills may not be covered.

 Sandra M. Radna and Robert G. Androsiglio are partners in the law firm of Radna & Androsiglio, LLP.  They practice in the areas of personal injury, medical malpractice, matrimonial law, family court, real estate closings, shareholder agreements, business corporations and breach of contract matters on Long Island and in New York City. Visit their website at  http://www.rallplaw.com