What to Do After a Car Accident in New York

Step 1: Prioritize Safety and Call Emergency Services
If you are physically able, move your vehicle to a safe location (e.g., the shoulder) to prevent further accidents. Turn on hazard lights, and set up flares or reflective triangles if available. Check yourself and others for injuries. Call 911 immediately if anyone is hurt or if there is significant property damage, obstruction of traffic, or suspicion of impaired driving. New York law requires reporting accidents involving injury, death, or property damage exceeding $1,000.

Step 2: Document the Accident Scene Thoroughly
Gather evidence while waiting for authorities:

• Exchange information with all drivers involved: Full name, contact details, driver’s license number, insurance carrier, policy number, license plate number, and vehicle make/model.
• Collect contact information from witnesses. Their statements could be critical for insurance claims or legal proceedings.
• Take photos/videos of damage to all vehicles, skid marks, road conditions, traffic signs, weather, and visible injuries.
• Note the exact location (cross streets, highway mile markers, landmarks), time, and date.
• Avoid discussing fault or making statements that could be used against you later.

Step 3: File a Police Report
New York law mandates police involvement in accidents causing injury, death, or property damage exceeding $1,000. Officers will create an official report documenting key facts. Request the report number and the responding officer’s name. Obtain a copy of the report (typically available within a few days via the local police precinct or the NYS DMV) for insurance and legal purposes.

Step 4: Seek Medical Attention Immediately
Even if injuries seem minor, get evaluated by a healthcare professional within 24 hours. Symptoms of whiplash, concussions, or internal injuries may not appear immediately. Medical records also serve as evidence for insurance claims. New York’s No-Fault Insurance (PIP) system covers up to $50,000 per person for medical bills, lost wages (up to 80% of income, capped at $2,000/month), and essential expenses, regardless of fault. Submit all medical invoices to your insurer.

Step 5: Report the Accident to the DMV
You must file Form MV-104 with the New York DMV within 10 days if the accident caused injury, death, or property damage exceeding $1,000. Failure to report may result in license suspension. Submit the form online, by mail, or in person. Keep a copy as proof of compliance.

Step 6: Notify Your Insurance Company
Inform your insurer of the accident within 24 hours or as soon as reasonably possible. Provide factual details without speculating on fault. Your insurer will guide you through the claims process under New York’s no-fault rules. Be cautious when speaking with other drivers’ insurers—avoid recorded statements until consulting an attorney.

Step 7: Track All Accident-Related Expenses and Impacts
Maintain detailed records of:

• Medical treatments, prescriptions, and rehabilitation costs
• Lost wages and reduced earning capacity
• Transportation expenses (e.g., rental cars, rideshares)
• Property damage estimates or repair bills
• Pain and suffering, emotional distress, or lifestyle limitations

Step 8: Understand Comparative Negligence Rules
New York follows a “pure comparative negligence” system. If you are partially at fault for the accident, your compensation for injuries or property damage is reduced by your percentage of fault (e.g., if you are 30% responsible, you can recover 70% of damages). This rule applies if you pursue a lawsuit outside the no-fault system.

Step 9: Consult a Personal Injury Attorney if Necessary
In serious accidents involving fractures, disfigurement, disability, or significant financial losses, contact a New York-licensed personal injury lawyer. They can help:

• Negotiate with insurers to maximize settlements
• File a lawsuit against negligent parties if your damages exceed PIP limits
• Navigate complex cases involving commercial vehicles, government entities, or uninsured motorists
• Deadline Alert: New York’s statute of limitations is generally three years for personal injury claims and two years for property damage.

Step 10: Follow Up on Repairs and Insurance Claims
Cooperate with your insurer’s investigation but avoid signing settlement offers prematurely. Obtain multiple repair estimates for vehicle damage. If your car is totaled, ensure the insurer’s valuation reflects local market prices. For disputes over fault or compensation, seek legal counsel before proceeding.

Additional New York-Specific Considerations

• Uninsured/Underinsured Motorist Coverage: If the at-fault driver lacks adequate insurance, your own policy may cover gaps (required in NY unless waived in writing).
• Supermom Wigs Liability Threshold: To sue for pain and suffering in New York, injuries must meet the “serious injury” threshold defined by state law (e.g., fracture, dismemberment, or disability lasting 90+ days).
• Rideshare Accidents: If using Uber or Lyft, notify the company immediately—their commercial insurance may apply.