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Car accidents, like all unforeseen events, often catch individuals off guard. Consequently, many find themselves unprepared to take appropriate action, leading to challenging circumstances. Particularly for Koreans who experience car accidents, the unpredictability results in confusion. Additional difficulties arise from cultural differences in addressing the accident scene, language barriers in communicating with police and the other party, and misunderstandings regarding auto insurance claims. To mitigate these challenges and ensure minimum damage while securing rightful compensation, understanding key information and steps to take is crucial.
Ensuring personal safety is paramount. Surprisingly, some individuals hastily exit their vehicles, leading to secondary accidents. Unless the accident scene poses increased danger by obstructing traffic, it is essential to stop, assess, and document the situation. Immediately contact 911. If unable to do so, seek assistance from others. Many Koreans hesitate in initial responses due to reasons such as believing the accident did not warrant police involvement, language discomfort, or self-assumed fault. However, a police report is the foundation for insurance benefits and proper handling, making a prompt 911 call vital. When experiencing sudden external shocks, the brain may not accurately perceive pain. Although no visible injuries may appear initially, significant impact absorption could result in bodily harm. Therefore, rather than concluding your condition hastily, seek medical assistance or emergency medical services.
Regardless of fault, documenting the accident scene is essential. Capture photos or videos of both vehicles and, if possible, surrounding landmarks. In the absence of digital capture, sketch the scene. Record the attending officer's details.
Exchange the following information with the other driver:
Insurance claims typically cover two main areas: property damage and, separately, medical claims. Vehicle repairs can be claimed through your insurance or, if the other party is at clear fault, through their insurance. If lacking access to the other party's insurance details, don’t delay; contact your insurer for a Property Damage Claim. Your insurer will liaise with the other party’s insurer to recover costs, relieving you from direct engagement.
Medical claims should be processed through your insurance, separate from Property Damage Claims. Refer to the June column for detailed insurance benefit guidance. Complete the PIP Application/No-Fault Application form to receive medical treatment coverage for accident-related injuries as per your predetermined benefits.
The above guidelines and actions are crucial for the legal validity of compensation claims. To leverage these effectively for rightful compensation, seeking timely legal counsel post-accident is advisable.
Though preventing unforeseen accidents is unfeasible, familiarizing oneself with necessary post-accident measures can significantly reduce potential damages.
By Eunmi Hwang, Attorney
Specialist in Accident Injuries in New York and New Jersey
Associate Attorney, Maggiano DiGirolamo & Lizzi
201 Columbia Avenue, Fort Lee, New Jersey 07024
☎ 201-585-9111
Email Eunmi Hwang
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