How to File a Minor Automobile Accident Claim

LAW BLOG  •

November 6, 2017

If you were involved in a major car accident you would probably be confident you knew what to do next. You would get treatment for any injuries, inform your insurance company about the accident, and then contact a lawyer and rely on them to take you through the process from there. But if you are involved in a minor crash, and attempting to handle these details on your own, you may be at a loss as to how to proceed. Here is a guide to help you understand what steps to take after your minor accident.

What Is a Minor Accident?

The Institute for Traffic Safety Management and Research recently released numbers indicating that in 2016, there were over 82,000 accidents in New York State, of which the law considered 31% minor. While there is no hard and fast rule about what constitutes a minor accident, generally it means that the damage is less than $500, and there are no significant injuries.

Should I File a Claim?

It is a good idea to file a claim, even if you consider the accident to be minor. Damage to your car may be more serious than you may notice with a quick roadside inspection. Problems may develop down the road that you were not expecting at the time. Injuries, too, may be more severe than you realize at the time. It is not uncommon to have seemingly innocuous injuries at the time of the accident that begin to show increasingly severe symptoms over the following days.

While you and the other driver may have agreed to simply let the matter go, you cannot be sure that the other driver will not have second thoughts and file an insurance claim after all. Choosing not to file a claim may result in serious difficulties later that may not be foreseeable in the moment.

How Do I Start the Process?

Once you have been in an accident, here are the steps to follow:

  • Call the police. If anyone suffered an injury because of the accident, it is important to get medical attention right away. If you are unsure if medical attention is necessary, call the police anyway. You will need a police report made, and an officer may be better able to assess if someone needs medical attention.
  • Exchange contact information with the other driver. This may well be on your police report, but having the information for your insurance company of the other driver’s name, address, and insurance information will be useful. Take a photo of his or her information so it is easy to read later.
  • Take pictures of everything. Get clear pictures of the scene of the accident and of all vehicles there were a part of the accident. If you have any injuries, take pictures of those, too.
  • Contact your insurance company. It is important that you contact your insurance company as soon as possible, even if you are not at fault. Let your insurance company do their job of investigating the circumstances. This will protect you if you were not at fault, and even if you were at fault it can prevent the other driver from exaggerating claims.

A Minor Accident Doesn’t Have to Be a Big Problem

New York law requires that all drivers carry auto insurance. If you follow the above steps, your minor accident won’t turn into a big problem down the road.

Every state limits the amount of time you have to file a claim.

Don't Delay.

Contact the Attorneys at Gordon & Elias, LLP Today to preserve your right to a recovery.

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