Injured in an Accident Caused by Another Driver's Road Rage? Here’s What To Do in New York

Road rage is becoming an alarming incident, with about 88 vehicles involved in 2023 that led to injury or fatal collisions. It happens when the other driver shows increased aggression towards you—road rage examples can be horn misuse, threatening gestures, and more.

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If the aggressive behavior of other drivers has injured you, it's crucial to take immediate and appropriate action to protect your rights and ensure your well-being. Our experienced lawyers can help you with the legal process and fight for the compensation you deserve for your injuries. 

In the event you find yourself involved in a road rage accident, the first thing you must think about is safety. If possible, move to a safe location away from traffic.

From there, here’s what you need to do: 

1. Call the Authorities

Leaving the scene of a collision before exchanging your information with other motorists is illegal under the New York State Vehicle and Traffic Law. If you cannot move your vehicle or need medical assistance due to a road rage accident, dial 911 and follow the operator's instructions. You are also required to remain on the scene and wait for the authorities if: 

- Any person is injured or killed;
- A domestic animal is injured or killed, or,
- A parked vehicle or any other property is damaged, and the owner cannot be located.

2. File an Accident Report with the DMV

Under Section 605 of the NY State Vehicle and Traffic Law, all drivers involved in an accident must file an accident report, if:

  • a person is injured or killed, or
  • there is damage to the property of one individual (including yourself) of more than $1,000.

It needs to be submitted within 10 days of the accident date, or the Department of Motor Vehicles (DMV) may suspend your driver's license until your report is received. To meet the filing requirements, you must fill out and file the Report of Motor Vehicle Accident (PDF) (MV-104). 

Unable to File a Report Due to Injuries

As stated in the NY Veh & Traf L § 605, if a driver or passenger is unable to report an accident and another person involved is not injured, that person must make the report within 10 days. If all parties involved are incapacitated, the vehicle owner may file the report. 

All drivers, passengers, or vehicle owners involved in an accident must also submit any additional reports required by the commissioner.

3. Submit Your Insurance Claim Promptly

For Auto Insurance Companies

If you were injured in a car accident due to road rage, you can file auto insurance within 30 days of the accident. Here’s what you need to do: 

Step 1: Contact your insurance provider immediately after the accident to inform them that you intend to file a PIP claim.

If you (or a relative with whom you live) do not have an auto insurance policy and are injured by or while in an uninsured vehicle or a hit-and-run driver, you should file your claim for No-Fault benefits with MVAIC.
Step 2: Insurers (or MVAIC) must send you an Application for Benefits and a letter explaining No-Fault coverage within five business days of receiving your notice of claim. Complete and return the application promptly upon receipt
Step 3 (if necessary): If all or part of your No-Fault benefits are denied or paid late, you may:
A. File a complaint with the department 
B. Request no-fault arbitration; or
C. Bring an action in court.

Worker’s Compensation

If the accident occurred during your work duties in New York, such as driving, and you were injured due to road rage, you are eligible for worker’s compensation. To file a claim, follow these steps:

Step 1: Gather all necessary information, including:Your contact informationBasic employment informationDetails about how the injury happened and whether you reported the incident to your employerInformation about the nature of your injury or illness, the parts of the body affected, any treatment you received, and whether you lost time from work as a result of the injury or illness
Step 2: Access the online C-3 employee claim form.
Step 3: Complete the form with as much detail as possible.
Step 4: Review and submit your claim before submitting. Once you are satisfied with your responses, submit the form electronically.

The process of submitting claims requires a lot of time and may be difficult for someone who has recently been injured in a road accident. Consider consulting our personal injury lawyer so we can help you file these claims as quickly as possible. 

4. Contact a Personal Injury Lawyer

When you have unfortunately suffered injuries from a road accident, contacting a personal injury lawyer can be beneficial for several reasons:

Dealing with insurance companiesA personal injury lawyer can handle communication with the insurance company and negotiate on your behalf to secure a fair settlement.
Gathering evidenceLawyers can help collect the evidence and proof needed to support your claim.
Statute of limitationsA lawyer can ensure that your claim is filed within the appropriate time frame.

The Porter Law Group can help you get the compensation you deserve for your damages. Our lawyers have recovered millions of dollars* for victims of road accidents. We are ready to assist you and your family in obtaining the answers and financial compensation. 

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At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.

We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or  info@porterlawteam.com to schedule a consultation.

Last Updated on 
December 17, 2024
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