Kingston Car Accident Lawyers

Serving Auto Accident Victims in Upstate NY

If you or a loved one has been involved in a car crash caused by the poor choices of another driver, know that you are not alone. The Kingston car accident lawyers at Basch & Keegan LLP are ready to help you fight for the justice you deserve. We serve clients throughout Upstate NY and Ulster County.

Hurt in a car crash? Call us today at (845) 251-4545 or contact us online for a free consultation with our car accident attorneys in Kingston.

Types of Car Accident Cases We Handle

There are many complicated factors involved in car accidents that can cause severe harm to yourself and other passengers, in addition to the damage inflicted on your vehicle. This harm can last for years and even result in PTSD. 

The car accident could involve elements related to the surroundings, including unsafe roadways caused by a city’s oversight or dangerous construction settings left from careless workers. Alternatively, the accident might be directly caused by the other driver’s hazardous or distracted behavior. 

No matter the complexity of your case, our Kingston car accident attorneys are committed to providing you with all the advice and support you need.

Our team stands ready to tackle any cases involving:

• Drunk driving accidents
• Hit and run accidents
• Rear end collisions
• Sideswipe collisions
• Head on collisions
• Pedestrian and bicycle accidents
• Bus accidents
• Distracted driving
• And more

Compensation for Your Injuries & Losses

When it comes to figuring out compensation for the losses you have suffered in a car accident, it is important to consider that there is actually a large variety of damages you may be entitled to. These hardships can range from physical injuries and emotional harm to long-term financial consequences.

You may be entitled to compensation for:

• Any past and future bills for medical aid and hospice recovery
• Loss of salary or reduced income
• Required rehabilitation or therapy following the accident
• Decreased ability to earn an income or pursue a career
• Long-term or temporary disability
• Emotional injury or mental harm

What To Bring to Your First Meeting with a Car Accident Lawyer

Your car is wrecked, your body aches, you’ve got medical bills, and the insurance company keeps calling you and sending you paperwork in the mail. You’re naturally feeling a little overwhelmed by everything that’s going on so you decide to get advice from a lawyer about your rights as a car accident victim.

Here is a list of important items to bring with you to your initial consultation with a Kingston car accident lawyer at Basch & Keegan LLP.

Pictures of Your Car

Use your smartphone to take pictures of the damage to your car. If your car was towed away before you had an opportunity to take pictures, you should go to the auto shop that took your car to take pictures of the damage. 

Alternatively, you can give your car accident attorney the name of the auto shop so that he or she can send a private investigator to take pictures on your behalf.

Pictures of Your Injuries

Take pictures of your bodily injuries. You can help to maximize the value of your financial recovery by providing your attorney with pictures of your bruises, cuts, abrasions, stitches, casts, slings, and immobilizers.

Insurance Information (There’s a lot)

A. If you’ve already been in contact with your own insurance company, bring the claim number and the insurance adjuster’s name and contact information to the initial consultation. Otherwise, your lawyer will contact your insurance company to properly set up a claim on your behalf.

B. If you have not spoken with the company that insures the other driver(s), you should expect them to call soon. DO NOT GIVE A RECORDED STATEMENT.  

Instead, when the other driver’s insurance company calls, politely say “I’m not going to say anything about the accident until I consult with a lawyer. May I please have the claim number associated with my accident?” 

Bring the claim number with you to your initial consultation. Most reputable personal injury law firms already have the contact information available for all major insurance companies.

C. Bring a copy of your own automobile insurance policy. The most important part to bring with you is the “declarations page,” which contains important information about your car insurance coverage.

Contact Information for Your Medical Providers

In order to properly evaluate your personal injury claim, an attorney will want to order medical records from your medical providers. This means that you need to be prepared with a complete list of all doctors and healthcare facilities that you treated with since the date of your accident.

Note: It’s also a good idea to have copies of your hospital discharge papers, as well as any prescriptions or disability certificates that have been issued to you since the accident.

Accident Report or “Accident Information Exchange” Form

The “Police Accident Report” (MV-104) contains a lot of important information about your car accident, such as: 

• The identity of all parties and witnesses;
• The exact location of the accident;
• The points of impact;
• A description of the how the accident happened;
• The weather and road conditions; and
• Insurance codes.

Any qualified attorney should be able to obtain a copy of the accident report on your behalf. However, it helps expedite the process if you bring a copy with you. 

If the accident report is not available prior to your initial consultation, we will need a copy of your driver’s license or license plate number to obtain a copy of your accident report.

Sometimes the responding police officer will give you a document entitled “Accident Information Exchange” form. The accident exchange form is not as extensive as the accident report, but it’s a great starting point, so bring it with you.

FAQs About Car Accidents in Kingston

What should I do immediately after a car accident?

After a car accident, your first priority should be to ensure your safety and those of others involved. If you can, move to a safe location and call 911 to report the accident and request medical assistance if necessary. Exchange information with the other driver(s), including names, contact information, driver's license numbers, and insurance details. Documenting the scene by taking photos and gathering witness statements if possible is also important. Lastly, report the accident to your insurance company as soon as possible, providing them with all relevant information and documentation.

What are the insurance requirements for drivers in New York?

In New York, drivers are required to carry minimum liability insurance coverage, which includes $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage. Additionally, New York is a no-fault state, meaning that your own insurance company will cover your medical expenses and lost wages regardless of who was at fault in the accident. Drivers must also have uninsured motorist coverage, which protects them if they are involved in an accident with a driver who has no insurance or insufficient insurance.

How is fault determined in a New York car accident?

Fault in a New York car accident is determined based on the principle of comparative negligence, which means that each party's degree of fault is assessed and assigned a percentage. This assessment is usually made by insurance adjusters or, if the case goes to court, by a judge or jury. Evidence such as police reports, witness statements, traffic camera footage, and accident scene photos are used to determine fault. If you are found to be partially at fault, your compensation will be reduced by your percentage of fault.

What compensation can I seek if I’m injured in a car accident in New York?

If you are injured in a car accident in New York, you may be entitled to various forms of compensation. Under the no-fault insurance system, your own insurance will cover your medical expenses, lost wages, and other necessary expenses up to the policy limits. If your injuries are severe and meet the serious injury threshold, you may also be able to file a personal injury lawsuit against the at-fault driver to seek additional compensation for pain and suffering, emotional distress, and any other losses that exceed the no-fault coverage limits.

How long do I have to file a lawsuit after a car accident in New York?

In New York, the statute of limitations for filing a personal injury lawsuit after a car accident is generally three years from the date of the accident. If the lawsuit involves a wrongful death claim, it must be filed within two years from the date of death.

Can I still recover damages if I was partially at fault for the car accident?

Yes, you can still recover damages even if you were partially at fault for the car accident in New York, thanks to the state’s comparative negligence rule. Under this rule, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault and the total damages amount to $100,000, you would be entitled to recover $80,000. It’s important to gather as much evidence as possible to minimize your degree of fault and maximize your compensation.

Do I need to report my car accident to the New York Department of Motor Vehicles (DMV)?

Yes, you are required to report your car accident to the New York DMV if the accident caused property damage exceeding $1,000, resulted in injury, or led to death. This report must be filed within 10 days of the accident using Form MV-104. Failure to report the accident can result in fines and the suspension of your driver’s license. Even if the police have filed a report, you are still responsible for submitting this form to the DMV.

Call Now for a Free Consultation

Serving Kingston, Ulster County, and Upstate New York, our local car accident lawyers at Basch & Keegan LLP are dedicated to helping you not only pick up the pieces but gain true justice for yourself and your loved ones.

If you are looking for experienced car accident lawyers in Kingston, contact our law firm today at (845) 251-4545 for a free consultation.