- June 1, 2023
- Truck Accident Lawsuits
Have you been involved in a motor vehicle accident in New York City involving a truck? If so, you might be wondering if you can file a claim. There are different types of claims you could file, but many of the steps that you need to follow will be the same.
For example, you might be interested in filing a claim with the other party’s insurance company. Or, if a tractor-trailer hit you, you might want to file a claim with the company that hit you. You might even be interested in filing a truck accident lawsuit.
If you are wondering how to file a truck accident claim in New York, work with a lawyer with experience in this area who can help you.
At Kaplan Lawyers PC, we would happily provide you with the legal representation you deserve.
Learn more about how to file a truck accident claim below.
Contact us online today for more information and a free case consultation, or you can call us at (212) 563-1900.
Steps to File a Truck Accident Claim
Immediately following a truck accident in New York City, there are several steps you need to follow.
1. Call 911
First, you must start by calling 911 and asking the authorities to come to the accident scene. Then, no matter how minor you think the accident might be, you need to ask the authorities to write a report of everything that happened.
Without an accident report, it will be like it never happened, which will make it much harder for you to file a truck accident claim down the road. Therefore, always start by calling 911 and asking the authorities to come to the scene.
2. Take Pictures and Videos
Next, you must take pictures and videos of everything that happened in the accident. If you can do so safely, use your phone to take pictures. If you can use your phone to take videos of everything that happened, that would be even better.
You might need some pictures and videos to support your version of the events. You should also talk to witnesses at the scene about what they saw.
While they might be reluctant to do so, you may want to see if any witnesses can provide you with their contact information.
3. Speak to the Police Officers
When the police officers arrive, you need to speak to them. The only thing you can do is be honest about what happened. The police officers are going to talk to everyone involved.
While you may want to listen to what the other driver has to say, try not to worry too much about it. You do not want to get in a fight with the other people at the accident about what happened.
4. See a Doctor
You should stay at the accident scene until the police officers permit you to leave. Then, when they tell you that you can go, you should make sure that you seek medical care.
No matter how “fine” you think you might be, some serious injuries could lurk underneath the surface. Therefore, you must make sure you get your injuries appropriately diagnosed and treated.
That is why you should ensure the doctor is comprehensive with their tests. You do not want the doctor to overlook any serious injuries you might have.
Note: You should also ask the doctor for a copy of your medical records once you are done.
5. Schedule a Case Consultation
Finally, once you are sure there is a plan for your medical recovery, you should schedule a consultation with a truck accident lawyer in New York City. They will review your case to see if you deserve compensation.
A truck accident attorney can look at all parties involved and see if someone should be held responsible. Then, if you want to file a truck accident claim, an attorney can help you. At Kaplan Lawyers PC, it would be our honor to represent you.
The Different Types of Claims You Can File
If you decide you want to file a truck accident claim, what are your options? There are a few separate ways you can file a truck accident claim, including the following.
File an Insurance Claim
Your first option is to file an insurance claim. For example, if you are involved in a truck accident that is not your fault, you may want to file an insurance claim with the other party’s insurance company.
There is not necessarily a time limit by which you need to file an insurance claim, but in general, the sooner you file this claim, the better your chances of being successful.
If you wait too long to file a claim with an insurance company, the insurance company may try to say that another incident caused your injuries and damage to your vehicle.
This is why you generally want to file a claim with an insurance company within a day or two of the accident. However, remember that you can provide the insurance company with some information immediately.
You simply need to inform the insurance company that you are interested in filing a claim and that there is a police report already. The insurance company will probably use that information to investigate the police report.
After that, someone from the insurance company will call you to determine what happened. They will not necessarily call you and interview you right away, but when they do, you need to make sure you have an attorney available to help you answer the questions.
If there is any discrepancy between what you say and the police report, the insurance company may use this information to try to deny your claim.
File a Truck Accident Lawsuit
Another option is to file a truck accident lawsuit. The insurance company will have a limit to its liability, and if your damages go beyond that limit, you will need to file a lawsuit to recover the compensation you deserve.
You will want a New York truck accident lawyer to help you in this situation. A New York truck accident attorney can look at your case and see if you deserve compensation.
If you can prove that the damage you suffered was the direct cause of someone else’s deviation from their duty of care, you may have a successful truck accident lawsuit.
The sooner you schedule a case consultation, the faster you can recover compensation and continue the recovery process.
Statute of Limitations to File a Claim in New York
According to the law, the statute of limitations on this type of claim in New York is three years. This deadline only applies to lawsuits, but if the statute of limitations has expired, an insurance claim is unlikely to be successful. The company knows that you cannot take the case to trial.
Types of Damages That You Can Pursue
There are some damages you can pursue depending on the particular characteristics of your case. These can include compensation for property damage, medical expenses, lost income, and even emotional distress.
You should hire a lawyer because the law is complicated, and you need to ensure you recover all compensation to which you are entitled. In addition, you want to avoid making any mistakes when you file a claim, and an attorney can make sure everything is filed accurately.
How We Can Help You
At Kaplan Lawyers PC, we would be honored to represent you. Here are some reasons why you should consider working with us:
- We have a tremendous amount of experience in this area.
- We have a long track record of successful prior case results.
- We have numerous positive client reviews.
- We always put your needs first.
Some of the ways we can help you include the following:
- We can negotiate with the insurance company on your behalf.
- We can pursue compensation for different types of damages.
- We can hire expert witnesses to testify on your behalf.
- We can take the case to trial if we feel you are not getting a fair settlement.
Let Kaplan Lawyers PC defend your rights.
Contact Kaplan Lawyers PC Following a Truck Accident in New York City
At Kaplan Lawyers PC, we specialize in truck accidents, and we can help you recover all the compensation to which you are entitled.
Contact us today for a free case consultation at (212) 563-1900.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]