What to Do After a Car Accident in New York

What to Do After a Car Accident in New York

Being in a car accident is overwhelming. In the moments after a collision, stress and confusion can make it hard to think clearly. Whether you were just involved in a minor fender-bender or a more serious crash, knowing what steps to take can protect your health, your legal rights, and your ability to recover compensation.

This guide will walk you through exactly what to do after a car accident in New York, from the immediate moments at the scene to the days and weeks that follow.

Immediate Steps at the Accident Scene

1. Stop and Stay at the Scene

This is the law. No matter how minor the damage appears, you must stop after any accident. Leaving the scene of an accident is a serious offense in New York.

An accident involving only property damage is a traffic violation, and one that results in injury or death is a criminal violation.

2. Check for Injuries and Call 911

Your first priority is safety. Check yourself and all passengers for injuries. Even if injuries seem minor, call 911 if anyone appears hurt or if you cannot move your vehicle safely.

If anyone is injured or killed, you are legally required to immediately notify the police. This is not optional. Emergency medical services should also be dispatched to the scene.

3. Move to a Safe Location

If possible and if vehicles are operable, move them out of traffic to prevent additional accidents. If you cannot move your vehicle, turn on your hazard lights and set up reflectors or flares if you have them. Be cautious of any fuel leaks.

Important: Protect yourself and others from oncoming traffic. If staying in your vehicle is dangerous, move to a safe area away from the roadway.

4. Exchange Information with Other Drivers

New York law requires you to exchange specific information with all other drivers involved in the accident. You must provide and collect:

• Full name and address
• Driver’s license number
• Vehicle registration information
• Insurance policy number and effective date
• Insurance company name

Tip: Take photos of the other driver’s license, registration, and insurance card with your phone for easy reference. If you take photos of the cars involved, be sure to take them from plenty of different angles.

5. Document the Scene

While at the scene, gather as much evidence as possible:

• Take photos of all vehicle damage from multiple angles
• Photograph the accident scene, including road conditions, traffic signs, skid marks, and debris
• Document visible injuries
• Note the weather and lighting conditions
• Get contact information from witnesses
• Write down the exact location and time of the accident

This documentation can be crucial for insurance claims and any potential legal action.

6. Notify the Police

If there are injuries, fatalities, or significant property damage, the police should be called to the scene. Even for minor accidents, having a police report can be valuable for insurance and legal purposes.

When police arrive, provide accurate information about what happened, but avoid admitting fault or speculating about the cause of the accident.

Required Reporting After a Car Accident in New York

DMV Crash Report Requirements

New York law requires you to file a Report of Motor Vehicle Accident (form MV-104) with the DMV within 10 days of the accident if any of the following occurred:

Failure to file this report is a criminal offense (misdemeanor) and can result in suspension or revocation of your driver’s license and vehicle registration.

You can obtain form MV-104 from any DMV office, most insurance agents, or download it from the New York DMV website.

Reporting to Your Insurance Company

In addition to filing with the DMV, you should promptly report the accident to your insurance company. While New York law does not require you to report every accident to your insurer, you will need to do so if you want to file a claim for benefits under your no-fault coverage or for vehicle damage.

Read your insurance policy carefully. Most policies have specific reporting requirements and time limits that you must follow to avoid complications with your claim.

Understanding New York’s No-Fault Insurance System

New York operates under a “no-fault” insurance system, which means that after most car accidents, you will file a claim with your own insurance company regardless of who caused the accident.

What No-Fault Coverage Provides

New York’s basic no-fault coverage (also called Personal Injury Protection or PIP) provides up to $50,000 in benefits for:

• Medical expenses.
• Lost wages (with a 20% statutory offset).
• Other reasonable and necessary expenses related to your injuries.

Filing Your No-Fault Claim

You must file a written notice of claim with your no-fault insurer as soon as reasonably practicable, but no later than 30 days after the date of the accident.

Where to file: Generally, if the accident occurred in New York State, file your claim with the insurer of the vehicle you were in when the accident happened. If you were a pedestrian, file with the insurer of the vehicle that struck you.

Within five business days after receiving your notice of claim, the insurer must send you an Application for Benefits form and information about your rights and coverage. Complete and return this form as soon as possible.

When You Can Sue for Additional Damages

While no-fault insurance covers basic expenses, you may be able to sue the at-fault driver for additional damages if you sustained a “serious injury” as defined by New York Insurance Law Section 5102(d). Serious injuries include:

• Significant disfigurement.
• Bone fractures.
• Permanent loss of use of a body organ, member, function, or system.
• Permanent consequential limitation of use of a body organ or member.
• Significant limitation of the use of a body function or system.
• Medically determined injury or impairment that prevents you from performing all of your usual daily activities for at least 90 days during the 180 days immediately following the accident.

This is sometimes referred to as the “Threshold Rule.” If your provable injuries meet this “threshold,” you can pursue compensation beyond no-fault benefits for pain and suffering, lost wages exceeding the policy limits, and other damages.

Medical Treatment: Seek Care Immediately

Even if you feel fine after an accident, seek medical attention as soon as possible. Many serious injuries, including internal injuries and traumatic brain injuries, may not show symptoms immediately.

Getting prompt medical care serves two critical purposes:

• Protects your health: Early diagnosis and treatment can prevent complications.
• Documents your injuries: Medical records created shortly after the accident establish a clear link between the accident and your injuries, which is essential for insurance claims and legal cases.

If you delay seeking treatment, insurance companies may argue that your injuries were not caused by the accident or are not as serious as you claim.

Protect Your Legal Rights

Why Take the Blame if You Were Not at Fault?

If you did not cause the accident, avoid saying anything that could be interpreted as an admission of fault. Make sure you avoid admitting anything to insurance companies if this is the case. Stick to the facts about what happened without speculating about who was responsible.

If you were not at fault, you should avoid saying:

• “I’m sorry, it was my fault.”
• “I didn’t see you.”
• “I should have been more careful.”

Be Careful with Insurance Adjusters

Insurance companies, even your own, are businesses focused on minimizing payouts. When speaking with insurance adjusters:

• Provide only basic facts about the accident.
• Do not give a recorded statement without consulting an attorney.
• Do not sign any documents or accept settlement offers without fully understanding your injuries and their long-term impact.
• Do not agree to have your medical records released without knowing what will be shared.

Know the Statute of Limitations

In general, you have three years from the date of the accident to file a personal injury lawsuit in New York. However, there are important exceptions that can significantly shorten this deadline.

This is why it is critical to speak with a personal injury attorney immediately after your accident. Waiting even a few weeks could result in losing your right to compensation entirely if shorter deadlines apply to your case.

When to Contact a Personal Injury Attorney

Not every car accident requires an attorney, but there are situations where legal guidance is essential:

• You sustained serious or permanent injuries.
• The insurance company denies your claim or offers an inadequate settlement.
• Fault for the accident is disputed.
• Multiple parties were involved.
• You were hit by an uninsured or underinsured driver.
• Your medical bills and lost wages exceed no-fault coverage limits.

An experienced New York personal injury attorney can investigate the accident and gather evidence, handle communications with insurance companies, and ensure you meet all filing deadlines. They can accurately calculate the full value of your claim, including future medical expenses and lost earning capacity, and aggressively fight for the compensation you deserve if your case goes to court. Most personal injury attorneys work on a contingency fee basis, meaning you pay no upfront costs.

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