Filing an Auto Accident Claim: A Step-by-Step Guide

On Behalf of Mallilo & Grossman Attorneys at Law | June 23, 2024 | Personal Injury |

After an auto accident, following the correct process to file a claim helps you get the appropriate compensation from your car insurance company. Use this step-by-step guide by your experienced Queens, NY car accident lawyer to seek recourse after a serious collision.

1. Report the Accident to Authorities

Get yourself to a safe area out of the road as soon as possible after a car accident. Move your vehicle out of the road if it’s safe to do so. Then, call the police in the neighborhood where the accident occurred right away so they can investigate and create an official accident report.

You can request the police report from the appropriate Queens precinct within a few days, but you may need to pay a small fee. The Department of Motor Vehicles will also receive a copy of the report. You’ll send the police report to your insurance company when you file your claim.

2. Document the Scene

If you can safely do so after the accident, take pictures and video of the scene. Approach witnesses to the accident and ask if they’re willing to provide contact information. Depending on the circumstances of the collision, your insurer may follow up with these individuals for more details.

3. Complete the Claims Form

New York has “no fault” auto insurance laws, meaning that you file a claim with your own insurance company even if another driver caused the accident. You should start the process as soon as possible after the accident. Most insurers require you to submit the initial claim form within 30 days.

On the claim form, you’ll describe the circumstances of the accident and provide other relevant information, such as the time of day, weather conditions, and number of passengers. You will also submit a copy of the police report with supporting documentation such as accident scene photos or contact details for eyewitnesses.

4. Arrange Payment for Medical Bills

Your auto insurance policy covers your medical bills after an accident. You can either pay the bills and submit your receipts for reimbursement or arrange for the healthcare provider to send the bills directly to your insurance company. The insurance company has 30 days to either request more information about the claim or provide payment or reimbursement.

If you have severe injuries, your medical bills may exceed your personal injury protection coverage. In this case, you may be able to seek legal compensation from the responsible driver under New York law.

5. Report the Accident to the Department of Motor Vehicles

New York requires motorists to file an official accident report with the DMV for any collision causing at least $1,000 in damages or any injuries. Usually, the insurance company sends you the necessary Form MV-104 after you file your insurance claim.

Navigating the insurance claims process can be challenging, especially if you’re recovering from serious auto accident injuries. Contact Mallilo & Grossman Attorneys in Flushing, NY to find out how we can assist.

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