What To Do After Car Accident In New York – caraccidentattorneynewyork.site

Car accidents happen fast. One moment everything is fine — the next, you’re sitting in a damaged car, heart racing, not sure what to do next.

If you’ve been in a car accident in New York, the steps you take in the first few hours matter a lot. They can protect your health, your finances, and your legal rights.

This guide walks you through exactly what to do after a car accident in New York — in plain, simple language. No confusing legal terms. Just clear, helpful steps.

Step 1: Stay Calm and Check for Injuries

The first thing to do is take a breath. Panic makes everything harder.

Check yourself for injuries. Then check your passengers. Even if you feel okay, some injuries — like whiplash or internal trauma — don’t show up right away.

Do not move anyone who seems seriously hurt unless there’s a fire or immediate danger. Moving an injured person the wrong way can make things worse.

Call 911 Right Away

In New York, you are required by law to report a car accident if someone is injured or if there is significant property damage. Call 911 immediately.

When police arrive, they will file an official accident report. This report becomes an important document later — especially if you need to file an insurance claim or take legal action.

Step 2: Move to Safety If You Can

If the accident is minor and the cars are blocking traffic, move them to the side of the road if it’s safe to do so.

Turn on your hazard lights. If you have road flares or cones, use them to warn other drivers.

Never stand in the middle of a busy road. Move to the sidewalk or a safe area while you wait for help.

Step 3: Exchange Information With the Other Driver

Once everyone is safe, exchange the following information with the other driver:

Full name and contact number
Driver’s license number
Vehicle registration number
Insurance company name and policy number
License plate number

Stay calm during this exchange. Don’t argue or blame the other driver out loud. Avoid saying “I’m sorry” — even as a polite reflex. Admissions like that can be used against you later.

Step 4: Document the Scene

Your smartphone is one of the most useful tools you have right now. Use it.

What to Photograph

Both vehicles and all visible damage
The position of the cars before they are moved
Skid marks, road conditions, traffic signs
Any visible injuries
The surrounding area (intersections, street signs, etc.)

Talk to Witnesses

If anyone saw the accident, ask for their name and phone number. Witness statements can be very helpful if there’s a dispute about what happened.

Also write down your own account of the accident as soon as possible — while the details are still fresh in your memory.

Step 5: Seek Medical Attention — Even If You Feel Fine

This step is critical, and many people skip it by mistake.

After an accident, adrenaline can mask pain. You might feel okay in the moment but wake up sore and hurt the next day. Some injuries — like concussions, soft tissue damage, or internal bleeding — are not immediately obvious.

See a doctor within 24 hours of the accident. In New York, this is also important for insurance reasons. New York’s no-fault insurance system requires you to seek treatment promptly to be eligible for certain benefits.

Keep all your medical records, receipts, and doctor’s notes. These documents are essential if you later need to file a claim.

Step 6: Understand New York’s No-Fault Insurance Law

New York is a no-fault insurance state. This means that after an accident, your own insurance company pays for your medical bills and lost wages — regardless of who caused the crash.

Under this system, you file a claim with your own insurer first. This is called a Personal Injury Protection (PIP) claim.

What No-Fault Covers

Medical expenses related to the accident
A portion of lost wages if you can’t work
Other reasonable expenses like transportation to medical appointments

What No-Fault Does NOT Cover

Pain and suffering
Property damage to your vehicle
Damages above the PIP benefit limits

To seek compensation beyond no-fault coverage — such as pain and suffering — you generally need to meet New York’s “serious injury” threshold. This is where speaking with a legal professional can be helpful.

Step 7: Report the Accident to Your Insurance Company

Notify your insurance company about the accident as soon as possible. Most policies require prompt reporting.

When you call, stick to the basic facts. Don’t speculate about fault. Don’t exaggerate or downplay anything. Just tell them what happened.

If the damage is above $1,000 or someone was injured, New York State law also requires you to file a DMV Accident Report (MV-104) within 10 days of the accident.

Step 8: Be Careful About What You Say and Sign

After an accident, you may be contacted by the other driver’s insurance company. They might seem friendly and helpful — but remember, they are working to protect their client, not you.

Do not give a recorded statement to the other driver’s insurer without first understanding your rights. You are generally not required to do so.

Do not sign any settlement agreements until you fully understand what you’re agreeing to. Once you sign, it can be very difficult to seek additional compensation later.

Step 9: Keep a Personal Record of Everything

Start a simple accident file — on paper or on your phone. Keep track of:

All medical visits and treatments
Missed days of work
Out-of-pocket expenses
How your injuries affect your daily life
All communication with insurance companies

This organized record can make a real difference later, whether you’re dealing with insurers or legal professionals.

When Should You Consider Talking to a Lawyer?

Not every car accident requires an attorney. But some situations make it worth having a professional in your corner.

Consider speaking with a car accident lawyer in New York if:

You suffered serious injuries
The insurance company is offering a low settlement
There is a dispute about who was at fault
You missed significant time from work
A loved one was killed in the accident

Most car accident attorneys in New York offer free initial consultations. They can help you understand your options without any pressure or upfront cost.

Frequently Asked Questions (FAQ)

Q: Do I have to call the police after every car accident in New York? You must call the police if anyone is injured or if property damage appears to be $1,000 or more. For minor fender-benders with no injuries and minimal damage, it may not be legally required — but it’s still a good idea to have an official record.

Q: How long do I have to file a car accident claim in New York? For no-fault benefits, you generally need to notify your insurer within 30 days of the accident. For a personal injury lawsuit, New York’s statute of limitations is typically three years from the date of the accident. Deadlines can vary depending on the situation, so it’s smart to act quickly.

Q: What if the other driver doesn’t have insurance? New York requires all drivers to carry insurance, but not everyone follows this rule. If you’re hit by an uninsured driver, your own Uninsured Motorist (UM) coverage can help. New York also has a Motor Vehicle Accident Indemnification Corporation (MVAIC) that may provide compensation in certain cases.

Q: Can I still get compensation if the accident was partly my fault? Yes. New York follows a pure comparative negligence rule. This means you can recover damages even if you were partly at fault — but your compensation may be reduced by your percentage of fault.

Q: What is the “serious injury” threshold in New York? To sue for pain and suffering beyond no-fault coverage, New York law requires that you suffered a “serious injury.” This includes things like broken bones, permanent limitations, significant disfigurement, or injuries that prevent you from doing daily activities for at least 90 out of 180 days following the accident.

Conclusion

Being in a car accident in New York is stressful and overwhelming. But knowing what to do after a car accident in New York can protect you when it matters most.

Stay calm. Get medical help. Document everything. Report the accident to your insurer. And don’t be too quick to sign anything you don’t fully understand.

Taking the right steps early gives you the best chance of a fair outcome — whether that’s through your insurance or through the legal system.

Ready to Understand Your Options?

If you were recently in a car accident in New York and you’re not sure where to stand, speaking with an experienced car accident attorney can give you clarity. Many offer a free consultation with no obligation. It costs nothing to ask questions — and the answers could make a real difference.

This article is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney for guidance specific to your situation.