If you've been involved in an automobile accident, protect your legal rights.  Get immediate medical help if someone is injured.  After the accident, get the name, address, and telephone number of the other driver or drivers and of any witnesses to the accident.  Ask at least 1 witness to make a note of the damage to every car involved.  This may serve to protect you from a false damage claim.  Note the time of day, weather, and road conditions.  Report the accident to your insurance carrier immediately.  Hit and run driving is a serious criminal offense.  Never leave the accident scene without properly identifying yourself and exchanging important information.

If you've been injured in an automobile accident, there are many concerns that you should address.  Medical is just one.  Many times, serious injuries do not demonstrate themselves or the doctors cannot determine them immediately after an accident.  Be careful about signing release forms from any insurance adjuster.  If you have a serious injury, are you sure that all insurance coverage available to you has been discovered?  You can recover under the insurance policy covering the driver at fault.  A few questions you may want to ask: Was the negligent driver working for his/her employer?  If so, he/she may be covered by his/her employer's policy.  Was the negligent driver borrowing or renting the vehicle?  If so, he/she may be covered by the policy of the owner of the vehicle.  Your own uninsured insurance policy may have provisions that will cover your injuries.  Other specific out-of-pocket expenses such as property damage, medical expenses, loss of wages, and other types of damage, such as pain and suffering, may all be part of your claim.  You have a right to claim all damages that you have suffered in the past and those that you will suffer in the future.  Seek the advice of an attorney if you feel you need one.  The most important thing you should do is have your case investigated immediately.

How do you know when to seek medical attention?  If you or someone you know has suffered an injury, either physical or mental in nature, use common sense - seek the advice of a trained physician.  If there is doubt in your mind as to whether an actual injury has occurred, it is still wise to consult a doctor to rule out any possibility of an unrecognized condition. 

Information on pain and suffering: A plaintiff may recover pain and suffering as an element of damages, normally pain and suffering is associated with personal injury claims.  Pain and suffering can be one of the most complex elements of damages to value because pain and suffering is not an element upon which a specific dollar amount can be placed.  If the plaintiff presents a strong claim against the defendant for damages suffered, a significant amount may be awarded to the plaintiff due to his/her pain and suffering.  For more information on pain and suffering, or other elements of damages, consult with an attorney experienced in personal injury cases. 

Information on no-fault benefits: For automobile accidents, one of the main things that accident victims must keep in mind is that New York State is a "no fault" state.  This means that regardless of who is at fault for the happening of the accident, your own insurance company – or that of your host driver – will automatically pay your medical bills, a portion of your lost wages, and other enumerated expenses.  The rule is a little different for pedestrians or bicyclists: The car that struck you, again regardless of fault, will be responsible for paying your medical bills, wages, and expenses.  This is often referred to as basic economic loss.  This consists of up to $50,000.00 per injured person in benefits for the following: a.) all necessary doctor or hospital bills and other health service expenses payable in accordance with fee schedules established or adopted by the New York State Insurance Department; b.) 80% of lost wages up to a maximum monthly payment of $2,000.00 for up to 3 years following the date of the accident; c.) up to $25.00 per day for a period of 1 year from the date of the accident for other reasonable and necessary expenses that the injured person may have incurred because of an injury resulting from the accident, such as the cost of hiring a housekeeper or necessary transportation expenses to and from a health service provider; and d.) a $2,000.00 death benefit payable to the estate of the covered person, in addition to the $50,000.00 coverage available for economic loss described above.  Additional benefits may be owed to you if the policy you purchased with your insurance company included an optional basic economic loss endorsement and/or an additional personal injury protection endorsement.