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Automobile Accidents

What should I do if I’m in a car accident?

I was in a minor accident and the other driver and I just exchanged insurance information without calling the police. My insurance company is now giving me a hard time for not having a report. Is a police report necessary for all car accidents?

I was in a car accident and the other motorist's insurance company just called me for a statement. Am I required to provide one?

Who is responsible for my medical treatment and expenses?





Q: What should I do if I’m in a car accident?

If you are involved in a car accident, you should seek necessary medical treatment immediately, and then call our office to speak to our attorneys, as soon as possible.  It is also important that you call the police and file a formal police report which can later assist with insurance claims and any lawsuits which may follow.  During this time, you will be required to show your driver’s license and documentation of your insurance coverage. It is important that you obtain this information from the other driver as well.

Upon calling our office, our attorneys will quickly arrange for photos of the accident scene, and damage to your vehicle.  If you have visible injuries, you may have either a family member take those pictures to preserve that important evidence, or our office can arrange for photos.  You should also report the accident to your insurance carrier, as most insurance coverage's place a duty on their insured to notify them timely of an accident. However, you should not give a recorded statement unless one of our attorneys is with you to make sure that your rights are protected.  Even if it is your own insurance company, they will be out to protect their interest, and limit their own responsibility if possible, for payment of your property damage, medical bills, lost wages, and other economic expenses that you will incur from the accident. 

To ensure that you receive the greatest settlement possible, you should contact our experienced attorneys today, who are available to take your call 24/7 and can initiate an investigation before witnesses forget the details of what they observed and evidence is lost.


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Q: I was in a minor accident and the other driver and I just exchanged insurance information without calling the police. My insurance company is now giving me a hard time for not having a report. Is a police report necessary for all car accidents?

It is always a good idea to call the police at the time of an automobile accident. Although all insurance carriers have different policies regarding the necessity of a police report when filing a claim, many will accept an auto insurance claim without one. Nonetheless, police reports are helpful in determining the involved parties and documenting who was at fault. This information will assist your insurance company in their investigation and may expedite the resolution of the claim.


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Q: I was in a car accident and the other motorist's insurance company just called me for a statement. Am I required to provide one?

No! More often than not, the other driver’s insurance company is calling to obtain information which may be used against you as you seek to recover losses. Respectfully decline their request and inform them that you either have obtained or are in the process of hiring an attorney and call us immediately. Should you hire our firm, we will handle all aspects of your claim, not just getting you a strong settlement or verdict, including assisting you in resolving your property damage claim with the insurance company so that you can regain transportation as soon as possible following your accident. We will further deal directly with your insurance carrier concerning the “no fault” portions of your claim, for the payment of medical bills, wage loss, and many other types of economic loses that you sustain along the way due to your accident. 


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Q: Who is responsible for my medical treatment and expenses?

New York State is a “No Fault” state for purposes of payment generally of the first $50,000.00 in “economic loss”. This means that each party’s own insurance coverage will be responsible to pay medical bills, wage loss, and many other types of economic loss following the accident. The at fault party’s insurance will be held responsible in paying a settlement or verdict for your pain and suffering, and economic loss in excess and above the first $50,000.00 in economic loss. At Wellborn Paluch, you will have constant access to your attorney, who will be able to skillfully answer each and every question that you have about the process along the way. We will also be there to make sure your bills are being paid by the appropriate insurance carrier. If no fault denies the payment of an accident related bill, we will take them to task through the no fault arbitration process. Simply put, we fight for you from beginning to the end, and when necessary, will even fight for the payment of bills and wages by the no fault insurance carrier, even after your case has been resolved through settlement or verdict.


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