Best Car Accident Lawyers in Oceanside

FAQs

• What is the non-emergency contact number for the local police station in Oceanside, New York?

  For non-emergency incidents and concerns in Oceanside, you can contact the Nassau County Police Department Fourth Precinct at (516) 573-6400.

• Where can I get a copy of police reports for incidents related to my case in Oceanside, New York?

  You can get a copy of the accident report in person by going to the Nassau County Police Headquarters at the address below. 1490 Franklin Avenue, Mineola, NY Open Monday to Thursday from 8:30 a.m. to 5:00 p.m. Each report costs $25 payable by money order, and credit or debit cards except AMEX.

  You can also download a copy of your accident report online by going to ecrash.lexisnexis.com. You will need to input the Report Number, date and street location of the accident, and your first and last names. Each report costs $27.

• What is the deadline to file a car accident claim in Oceanside, NY?

  Under the New York Civil Practice Laws & Rules Section 214, car accident injury claims in Oceanside must commence within three years from the date of the incident. If the car accident victim succumbed to their injuries, their surviving kin must file the wrongful death claim within two years of the victim’s death, as indicated under the New York Estates, Powers & Trusts Section 5-4.1.

• What types of damages are recoverable for car accident victims in Oceanside, NY?

  Victims of auto accidents in Oceanside may be entitled to compensation for economic, non-economic, and punitive damages. Medical costs, lost wages, property damage, and diminished earning capacity are considered economic damages. Emotional anguish, reduced quality of life, and pain and suffering are examples of non-economic damages. Punitive damages are rarely granted and only applied in circumstances of extreme negligence, such as when a drunk driver causes a car accident.

• Can you still claim compensation if you were partly at fault for the car accident in Oceanside, NY?

  Yes, you can claim compensation even If you were partly at fault. Oceanside uses the contributory negligence rule stated in the New York Civil Practice Law & Rules Section 1411. Under this rule, partial fault does not bar you from recovering damages but rather reduces your compensation in proportion to your percentage of fault. If you were awarded $50,000 in damages but were also 20% at fault, your compensation will be reduced by 20% to $40,000.

• Do you need to report a minor car accident in Oceanside, NY, to the DMV?

  No need to report to the DMV if your Oceanside car accident did not involve any of the following: property damage worth over $1,000, an injury, or death. However, if your car accident resulted in any one of these, you are legally required to file an accident report with the New York State DMV within 10 days of the incident. This is stipulated under the state’s Vehicle and Traffic Laws Section 605.

• How will you pay medical bills if the driver who struck you does not have insurance in Oceanside, NY?

  Your primary option to recover compensation for your Oceanside car accident is to file a first-party claim against your own auto insurance policy’s Uninsured Motorist (UM) coverage. The UM coverage is meant to address this situation. If your expenses exceed your UM coverage limits, an option to recover additional compensation is to sue the driver at fault directly for damages.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.