Frequently asked questions about accidents at our initial consultations

Who pays for the damage to my vehicle?

Although everyone is required to have car insurance, it is not always a requirement to carry collision insurance.  If you have collision insurance on your vehicle, you may submit a claim through your own insurance to pay for the damage to your vehicle.  You will have to pay your deductible, regardless if the accident was your fault. However, if the accident is not your fault, you may wish to submit the claim through the other party’s insurance company.  In this instance, you will not have to pay the deductible. Hiring our firm early on will assist you in making the best decision for your case. 

If the accident isn’t my fault, do I have to report it?

In an accident involving personal injuries, you must report an accident to your insurance company, even if the accident is entirely another person’s fault.  You must report the accident to your insurance company within twenty-four (24) hours.  Reporting the incident to another party’s insurance company alone is not enough, even if the accident is clearly not your fault.  If you are so injured that you are physically unable to report the accident, you must do so immediately upon being able to do so. 

Who pays for my injuries?

Generally, you apply for no-fault benefits through your own insurance company, regardless of fault.  However, in certain circumstances, no-fault applications should be submitted to the at-fault party’s insurance company.  Although there are certain circumstances where another party’s insurance company will cover your no-fault benefits, it is not evaluated on a basis of fault.  No-fault applications must be filed within thirty (30) days of the accident.  Failure to submit the application within 30 days could result in no-fault benefits not being provided.  This is true even if you do not seek medical treatment within the first 30 days.  In this case, your medical expenses will not be covered by no-fault.  Other arrangements will need to be made for payment of your medical bills. Our attorneys are able to effectively assist you in this area in a way that best protects your claim.

How long do I have to sue?

Usually, you have three (3) years from the date of the accident to sue the other parties involved in the auto accident; however, this is not always the case. In cases involving the state or any local government, before a lawsuit may be filed, a “Notice of Claim” must be served upon that governmental body within ninety (90) days of the accident. Failure to serve a “Notice of Claim” timely could bar you from being able to sue certain liable parties.  When a “Notice of Claim” is timely served, the lawsuit involving a state of local government usually carries shortened statutes of limitations.  On occasion, the time to sue can be as short as one-year from the date of the accident.  It is important to hire an attorney as early on as possible to ensure that all proper parties are served with a “Notice of Claim” and sued timely. At the Law Offices of Jennifer G. Tocci, P.C., we have experience suing governmental agencies and are familiar with the procedures and deadlines associated. 

If you need legal representation, please call the Law Offices of Jennifer G. Tocci, P.C., at (631) 343-7676 for a free thirty-minute consultation.