People rely on their vehicles almost every day to get to work, go to school, run important errands, and accomplish the necessary tasks of their daily lives. Unfortunately, with so many drivers on the road at almost any given time, accidents are almost an inevitability. If you are involved in an accident, you might have painful injuries and steep costs to deal with. A lawyer can assist you in getting compensation from the person who caused the crash.
You might have multiple legal options to explore with the help of a qualified attorney. In New York, drivers are required to carry no-fault insurance that is supposed to cover them regardless of who is at fault for the crash. If you have severe injuries that meet certain legal criteria, you may circumvent the no-fault insurance rules and file a lawsuit against the other driver. To prove your claims, we need evidence of the driver’s fault. This may include photos from the crash, witness testimony, medical records of your injuries, and anything else that can help your case.
Receive a confidential initial case assessment for free from our car accident lawyers by calling The Martello Law Firm, PLLC at (914) 685-6950.
Your Legal Options After a Car Accident in Dobbs Ferry
Like all other states, New York requires drivers to carry car insurance. One thing that New York and a handful of other states do differently is that car insurance must come with no-fault policies. These policies are designed to cover the driver regardless of who caused the accident, and drivers must file claims with their own policy rather than another driver’s. According to I.S.C. Law § 5104(a), filing a claim with your no-fault insurance is usually the sole legal remedy available unless you meet the “serious injury” requirement.
Under the law, you can file a personal injury case after a car accident only if you experienced a serious injury as defined under § 5102(d). This definition holds that a serious injury includes serious disfigurement, death, dismemberment, the loss or limitation of limbs, organs, bodily systems or functions, the loss of a fetus, fractures, or any medically diagnosed, non-permanent impairment that hinders your ability to perform normal daily tasks for no less than 90 days out of the 180 days after the collision.
You might be wondering which option is the best option. This is a question only you can answer, ideally after speaking to an attorney about your case. While some prefer to accept an insurance payout so they can quickly move on, others would rather take the matter to court. There are numerous reasons for and against either option, and you should talk to our car accident lawyers about it so you can make the most informed decision possible.
The Right Time to File a Car Accident Case in Dobbs Ferry
While it is understandable to need some time to yourself to rest, recover, and consider your next moves, it is important to act quickly. Under C.V.P. Law § 214, the statute of limitations gives you only 3 years to file your case, and your time starts on the day of the accident. This might sound like a long time, but there is a lot of work to do to prepare your case, and having as much time as possible is in your best interest.
If you do not think you can file your case on time, talk to your attorney about whether you can have the statute of limitations tolled. Tolling allows us to pause the clock on the limitation period, but only for specific reasons. For example, we might have the statute tolled for the defendant’s absence from the state, a somewhat common issue in car accident cases if the other driver is from another state. According to § 207, if the other driver leaves the state after the accident and remains continuously outside New York’s jurisdiction for at least 4 months, or they live in another state under a false name, making it difficult or impossible for the plaintiff to find them, the time of their absence does not count toward the limitation period.
Plaintiffs can have the statute tolled because they were minors or under a legal disability at the time of the accident. According to § 208(a), if the plaintiff is under the age of 18 or has a legal disability (e.g., a mental or psychological condition that makes filing their case difficult or impossible) at the time the cause of action accrues, their limitation period under the statute of limitations may begin when they turn 18, or the disability is removed. The limitation period may not be tolled for more than 10 years after the cause of action initially accrues.
Evidence You Might Need for a Car Accident Case in Dobbs Ferry
A lot of evidence often comes from the accident scene, but accident scenes are usually cleared away by law enforcement rather quickly, making it difficult to obtain evidence. One way to solve this problem is by photographing the scene immediately after the crash. Many drivers do this so they have proof to send to insurance companies. While this can be helpful, your photos may also be used in court. You never know what kind of details your photos have preserved, and you should review them with your attorney as soon as possible.
We should also try to find people who were nearby when the accident occurred. This may include drivers who were next to you when you were hit by the defendant, passengers, or people who stopped to help. Even people walking by on the sidewalk might have seen something important. Their testimony may be incredibly important. The more witnesses who can support your claims, the better.
We also need evidence proving your damages. Much of your damages are based on your injuries, and we may need to gather your medical records from the accident to prove just how badly you were hurt. Medical records may be especially crucial if your injuries have fully healed by the time we get to court. Medical records can be cumbersome to gather, especially if you were treated by multiple doctors at different hospitals. Our team can help you get what you need while you rest and recover.
Receive the Help You Need From Our Dobbs Ferry Car Accident Lawyers
Receive a confidential initial case assessment for free from our car accident lawyers by calling The Martello Law Firm, PLLC at (914) 685-6950.
