New York law requires drivers to report their car accidents to the police and the Department of Motor Vehicles (DMV) in many cases. In addition to timely reporting your accident to the New York DMV, there are also other deadlines you need to meet in order to seek insurance coverage (or other compensation or benefits) for your accident-related injuries.
If you’ve been injured in a car accident in New York, the Kingston car accident attorneys at O’Connor & Partners, PLLC can help. We have substantial experience in these complex matters and can help you seek the justice and compensation you deserve.
In this article, we will walk you through the deadlines for:
- Reporting a car accident to the police
- Reporting a car accident to the New York DMV
- Reporting a car accident to your insurance company
- Filing a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC)
- Filing a claim for disability benefits with your employer
- Filing a claim against a government entity
- Filing a lawsuit to recover your losses in court
1. Reporting Your Accident to the Police
Under New York’s Vehicle and Traffic Law, all drivers are required to contact the police following a car accident that results in injury or death. You should report the accident immediately (at the scene of the accident) if possible; but, if you have already left the scene of your accident, you can call the local police department’s non-emergency number or visit the police station. If you are not comfortable contacting the police yourself, you can contact us and one of our attorneys will be happy to assist with reporting your collision.
2. Reporting Your Accident to the New York DMV
In addition to reporting your accident to the police, you must also report your accident to the New York DMV within 10 days. This obligation applies to all accidents resulting in injury or death and all accidents resulting in $1,000 or more in property damage. If you are unsure whether anyone was injured, or if you don’t know whether the damage to your vehicle (or anyone else’s vehicle) totals $1,000 or more, it is generally best to be safe and report your accident to the DMV just in case. You can also contact us, and we can help determine if you need to report your accident to the DMV.
3. Reporting Your Accident to Your Insurance Company
Auto insurance companies typically require their policyholders to report all accidents involving their insured vehicles. In order to seek no-fault coverage, you must report your accident and file a claim within 30 days. For other claims, you will need to review the terms of your policy (or have an attorney review the terms of your policy for you). Generally speaking, however, it is best to report your accident to your insurance company as soon as possible.
4. Filing a Claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC)
If you were injured in an accident involving an uninsured driver, you may be able to recover your losses by filing a claim with the MVAIC. The deadline for filing a claim with the MVAIC is 90 days from the date of your collision.
5. Filing a Claim for Disability Benefits with Your Employer
As the New York State Workers’ Compensation Board explains, “New York is one of a handful of states that require employers to provide disability benefits coverage to employees for an off-the-job injury or illness.” In order to seek disability benefits from your employer, you must report your car accident at work within 30 days.
6. Filing a Claim Against a Government Entity
If you were involved in a car accident involving a government vehicle, or if you have a claim for compensation based on a road hazard or defect, then you must follow special procedures in order to seek financial compensation. This starts with filing a “notice of claim” with the appropriate government agency. For claims against state and local government agencies, you must file a notice of claim within 90 days of your accident. For claims against federal government agencies, you have two years to file.
7. Filing a Lawsuit to Recover Your Losses in Court
Finally, while not necessarily a deadline to “report” your accident, there is a deadline to file a lawsuit in court if you are unable to obtain compensation through the insurance companies. In order to seek personal injury damages in court, you must file a lawsuit within three years of the date of your collision.
Speak with a Kingston Car Accident Lawyer for Free
If you’ve been injured in a car accident and want help with reporting your accident and seeking the compensation you deserve, contact O’Connor & Partners, PLLC for a free and confidential consultation. Call 845-303-8777 or submit your case online to speak with a Kingston car accident lawyer today.