Steps to File a Car Insurance Claim After a New York Accident

Step 1: Ensure Safety and Document the Accident Scene

Exit your vehicle only if it’s safe. Call 911 immediately if there are injuries, fatalities, or property damage exceeding $1,000—a legal requirement in New York. Move vehicles to the roadside if drivable to avoid obstructing traffic and reduce collision risks.

Exchange Critical Information:

• Names, addresses, phone numbers, and driver’s license numbers of all involved parties.
• Insurance details (company name, policy number).
• Vehicle makes, models, license plate numbers, and VINs.
• Contact information for witnesses.

Gather Evidence:

• Take photos of vehicle damage, skid marks, traffic signs, weather conditions, and injuries.
• Note the accident location, time, and road conditions.

Step 2: Seek Medical Attention

New York’s no-fault insurance system requires your insurer to cover medical expenses (up to $50,000 per person) through Personal Injury Protection (PIP), regardless of fault. You must:

• Get evaluated by a medical professional within 14 days to qualify for PIP benefits.
• Notify your insurer of ongoing treatments within 30 days to avoid claim denial—even for minor injuries.
• Keep records of medical bills, diagnoses, and prescriptions.

Step 3: Report the Accident to Authorities and Insurer

File a Police Report:

• New York law mandates filing an Accident Report (Form MV-104) with the DMV within 10 days if the accident causes injury, death, or property damage exceeding $1,000. Failure may result in license suspension.

Notify Your Insurer Promptly:

• Contact your insurance company immediately—delays can jeopardize your claim.
• Provide the police report number, details of the accident, and other driver’s information.
• Avoid admitting fault or speculating—stick to facts.

Step 4: File the Insurance Claim

Initiate the Claim Process:

• Call your insurer’s claims department or use their online portal.
• Provide your policy number, accident details, and documents (police report, photos).

What to Expect Next:

• A claims adjuster will investigate liability and damages.
• You’ll receive a claim number for tracking.
• The insurer may direct you to a network repair shop or allow you to choose your own.

Property Damage Claims:

• Under New York’s comparative negligence rule, your compensation may be reduced if partially at fault.
• If the other driver is fully liable, their insurer covers repair costs or vehicle replacement (if totaled).

Step 5: Understand New York’s No-Fault Rules and Serious Injury Threshold

No-Fault Limitations:

• PIP only covers medical bills, lost wages (up to $2,000/month), and essential services (e.g., childcare).
• To sue for non-economic damages (pain and suffering), you must meet the state’s serious injury threshold, such as:
  • Broken bones
  • Significant disfigurement
  • Permanent disability
  • Death

Liability Claims (Step-Outside No-Fault):

• If injuries qualify as “serious,” file a third-party claim against the at-fault driver’s insurer.
• New York requires minimum liability coverage of $25,000/$50,000 for bodily injury and $10,000 for property damage.

Step 6: Navigate Disputes or Claim Denials

If Your Claim Is Delayed or Denied:

• Request a formal denial letter explaining the reason.
• File an appeal with supporting evidence (medical records, repair estimates, witness statements).
• Report unfair practices to the New York State Department of Financial Services (DFS).

Legal Action:

• Consult a personal injury attorney if injuries exceed PIP limits or liability is contested.
• New York’s statute of limitations allows:
  • 3 years to sue for property damage.
  • 3 years for personal injury claims.
  • 2 years for wrongful death.

Step 7: Finalize Repairs and Settlements

Vehicle Repairs:

• Obtain at least two repair estimates.
• Ensure the insurer’s assessment reflects actual repair costs.

Review Settlement Offers Carefully:

• Do not accept lowball offers—negotiate using independent repair quotes or medical documentation.
• Sign a release only after ensuring the settlement covers all expenses.

Subrogation:

• If another driver is at fault, your insurer may recover payments (e.g., deductibles) from their insurer—cooperate during this process.

Pro Tips for a Smooth Claim Process

• Keep a dedicated folder for accident-related documents (emails, bills, repair invoices).
• Use certified mail for critical communications to create a paper trail.
• Avoid discussing the accident on social media—insurers may use posts to dispute claims.
• For complex cases (e.g., commercial vehicles, rideshare accidents), consult an attorney immediately.

New York-Specific Resources:

• Download Form MV-104 from the NY DMV website.
• File DFS complaints online or call 800-342-3736.
• Access PIP dispute forms via the New York Automobile Insurance Plan.