Rear-end collisions are one of the most common types of car accidents in New York, often leading to whiplash, back injuries, and other serious trauma. While these accidents may seem straightforward, determining liability and securing compensation can be more complicated than expected. If you’ve been injured in a rear-end collision, understanding your legal rights is crucial for pursuing a successful personal injury claim.
1. Seek Immediate Medical Attention
Injuries from rear-end collisions can range from minor to severe, and some symptoms may not appear immediately. It’s important to seek medical care right after the accident, even if you don’t feel injured. For example, whiplash and soft tissue injuries may not show symptoms for hours or even days. Having a thorough medical record helps support your claim later.
2. Call the Police and File a Report
Always call the police after a rear-end collision. Law enforcement will document the accident, which can provide essential evidence if you need to file a claim or take the case to court. Make sure to obtain a copy of the police report for your records.
3. Understand New York’s No-Fault Insurance Law
New York is a no-fault insurance state, meaning that, regardless of who is at fault, your own insurance company will cover your medical expenses and lost wages up to a certain limit. However, if your injuries are severe or if you exceed the no-fault limits, you may be able to file a personal injury claim against the at-fault driver.
4. Proving Fault in Rear-End Collisions
In most cases, the driver who rear-ends another vehicle is considered at fault. This is because they have a duty to maintain a safe distance and be prepared to stop in time. However, there are exceptions. For instance, if the car in front suddenly and unexpectedly stops, or if there is an issue with the rear vehicle’s brakes, fault may be shared. An experienced attorney will investigate the details to determine fault and maximize your compensation.
5. Document the Scene and Gather Evidence
After the collision, try to gather as much evidence as possible, including:
- Photographs of the vehicles involved, skid marks, and any visible damages
- Contact information for witnesses
- The at-fault driver’s insurance details
- A copy of the police report
This evidence is crucial for building your case, especially if there are disputes about liability.
6. Avoid Giving a Recorded Statement to the Insurance Adjuster
Insurance companies may contact you soon after the accident, attempting to get a recorded statement. It’s important to avoid giving any statement before consulting with an attorney. Insurance adjusters are skilled at asking questions that can be used to minimize or deny your claim. An experienced lawyer will guide you on how to respond and protect your interests.
7. Consider the Severity of Your Injuries
Injuries from rear-end collisions can vary widely. Common injuries include:
- Whiplash
- Neck, back, and spinal injuries
- Concussions
- Broken bones
- Emotional distress and anxiety
The more severe your injuries, the more likely you will exceed your no-fault insurance coverage, which allows you to pursue a personal injury lawsuit. An experienced attorney will help you assess the extent of your injuries and whether you are entitled to additional compensation.
8. New York’s Statute of Limitations
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, in cases involving government vehicles or property, you may need to file a Notice of Claim within 90 days. Be sure to act quickly to protect your right to seek compensation.
9. Work with an Experienced New York Car Accident Lawyer
Rear-end collisions, though common, can involve complex issues like shared fault, long-term injuries, and large insurance companies. Working with an experienced car accident lawyer ensures that you have the legal expertise needed to navigate the process, negotiate with insurers, and take your case to trial if necessary.
At Alan Ripka & Associates, we specialize in rear-end collision injury claims and will fight for your rights every step of the way.
Conclusion
Being involved in a rear-end collision can lead to lasting physical and emotional challenges. However, understanding the legal process and working with an experienced attorney can help you secure the compensation you deserve. If you’ve been injured in a rear-end crash in New York, don’t hesitate to reach out to Alan Ripka & Associates for a free consultation.
