Drivers who are in car accidents in New York may want to take certain specific steps to protect themselves if they are not at fault. A person who is not badly injured should check on others who may be. Vehicles should be moved off the roadway if possible to prevent another accident although injured people should not be moved unless it is necessary.
Even though the driver who is at fault is supposed to contact his or her insurance company, this may not happen. Therefore, a person should collect as much information as possible from the driver including the name, contact information and insurance policy information. If there were witnesses to the accident, statements should be taken. It is also a good idea to take photographs. Depending on the seriousness of the accident, the police may be called.
Once a person is away from the scene of the accident, it is important to document any injuries. People may want to contact their own insurance company as well. This prepares the insurance company for any potential issues such as the other driver's insurance company trying to claim that its insured wasn't at fault. It may be necessary to sue the insurance company or the responsible driver to get compensation.
An attorney may be able to help an injured victim decide if a lawsuit is the best solution and if so prepare the required complaint. Evidence that might be used to support an assertion that the other driver was negligent could include eyewitness testimony.