How to Handle Car Accidents and Insurance Claims in New York

1. Immediate Steps After a New York Car Accident
Prioritize safety first. Move vehicles to a safe location if possible, and turn on hazard lights. Call 911 to report the accident, especially if there are injuries, fatalities, or significant property damage. New York law requires reporting accidents involving injury, death, or property damage exceeding $1,000 to the DMV within 10 days using Form MV-104.

Exchange information with other drivers: names, contact details, insurance policies, license plate numbers, and driver’s license numbers. Collect witness statements and contact information. Use your smartphone to photograph the scene, vehicle damage, road conditions, traffic signs, and injuries. Avoid admitting fault—even an apology could be misconstrued.

2. Understanding New York’s No-Fault Insurance System
New York is a no-fault state (Article 51 of the Insurance Law). Drivers file injury claims with their own insurance company, regardless of fault. This system aims to reduce litigation for minor injuries. Personal Injury Protection (PIP) covers:

• Medical expenses (up to $50,000 per person)
• 80% of lost wages (capped at $2,000/month for up to three years)
• $25/day for other reasonable expenses (e.g., transportation to medical appointments)

To qualify for PIP, file a no-fault application (Form NF-2) with your insurer within 30 days of the accident. Delayed submissions risk claim denial.

3. When Can You Sue Outside No-Fault?
No-fault benefits cover economic losses but not pain and suffering. To sue the at-fault driver for non-economic damages, your injury must meet New York’s “serious injury threshold,” defined as:

• Death
• Dismemberment
• Significant disfigurement
• Fractures
• Permanent loss of a body organ/function
• Disability lasting 90+ days

An experienced attorney can evaluate if your case qualifies. Comparative negligence rules apply—if you’re partly at fault, your compensation reduces proportionally (e.g., 20% fault means 20% less compensation).

4. Reporting the Claim and Dealing with Insurers
Notify your insurer immediately, even if you believe the other driver is at fault. Your policy likely requires prompt reporting. For property damage:

• Liability coverage pays for damage you cause to others.
• Collision coverage (optional) pays for your vehicle repairs.

Know your policy limits: New York mandates minimum liability coverage of:

• $25,000 for bodily injury (per person)
• $50,000 for bodily injury (per accident)
• $10,000 for property damage
• $50,000/$100,000 for wrongful death

Insurers must acknowledge your claim within 15 days and decide within 30 days after receiving required documentation. Delays warrant follow-up in writing.

5. Handling Disputes and Low Settlement Offers
Insurers may dispute fault, injury severity, or coverage. Tactics include:

• Requesting excessive documentation
• Delaying responses
• Offering low-ball settlements

Strategies to counter:

• Document meticulously: Keep records of medical bills, repair estimates, and correspondence.
• Reject early settlement offers: Insurers may rush to close claims before full injury costs emerge.
• File a complaint: Escalate to the New York State Department of Financial Services (DFS) if insurers act in bad faith.
• Consider arbitration or litigation: If negotiations stall, pursue alternatives.

6. The Role of Police Reports and Evidence
A police report is critical for insurance investigations. Officers document facts, witness statements, and preliminary fault assessments. Obtain a copy from the precinct or online via the NYPD Collision Report Portal. If the report contains errors (e.g., incorrect weather conditions), request corrections in writing.

Supplement the report with:

• Dashcam or surveillance footage
• Medical records linking injuries to the accident
• Expert testimony (e.g., accident reconstruction specialists)

7. Navigating Hit-and-Run or Uninsured Motorist Scenarios
If the at-fault driver flees or lacks insurance, file a claim under your policy’s:

• Uninsured Motorist (UM) Coverage: Compensates for injuries.
• Supplemental Uninsured/Underinsured Motorist (SUM) Coverage: Optional add-on for higher limits.
• Collision Coverage: Covers vehicle repairs.

Report hit-and-runs to police immediately. New York requires UM/SUM claims to be reported within 24 hours for hit-and-runs.

8. Statute of Limitations and Legal Deadlines

• Personal injury lawsuits: 3 years from the accident date.
• Property damage claims: 3 years.
• Wrongful death lawsuits: 2 years from the date of death.

Missing deadlines forfeits your right to sue. Exceptions exist for minors or cognitively impaired victims.

9. Working with a New York Car Accident Attorney
Hire an attorney if:
Fig 1. Your injuries meet the serious injury threshold.
Fig 2. Liability is contested.
Fig 3. The insurer denies your claim unreasonably.
Fig 4. A government vehicle/entity is involved (strict notice deadlines apply).

Attorneys handle paperwork, negotiate settlements, and leverage resources like medical experts. Most work on contingency (paid only if you win).

10. Avoiding Common Pitfalls

• Delaying medical care: Gaps in treatment undermine injury claims.
• Posting on social media: Insurers may mine photos/comments to dispute injuries.
• Ignoring NYC-specific rules: In Manhattan and other boroughs, pedestrian right-of-way laws are strictly enforced.
• Underestimating long-term costs: Chronic injuries may require future surgeries or therapy—factor these into demands.

Always keep a copy of your insurance policy, vehicle registration, and license in your car. Review coverage annually to ensure adequate protection beyond state minimums.