What to Do After a Car Accident in New York State

1. Ensure Safety First
Stop your vehicle immediately at the accident scene or as close as possible without obstructing traffic. Turn on hazard lights to alert other drivers. Check yourself and passengers for injuries. If anyone is injured, call 911 for medical assistance. Do not attempt to move severely injured individuals unless they are in immediate danger (e.g., from fire or traffic). If vehicles are operable and pose a hazard where they are, move them to the shoulder or a safe nearby location.

2. Contact Law Enforcement
New York State law requires you to report accidents involving injury, death, or property damage exceeding $1,000 to the police. Dial 911 or the local police non-emergency number. Officers will document the scene, interview drivers and witnesses, and file an official accident report. Obtain the responding officer’s name, badge number, and a copy of the report number (typically available within 3–5 business days). This report is critical for insurance claims and legal proceedings.

3. Exchange Information & Document the Scene
Under New York law, drivers must share the following:

• Full name and contact information
• Driver’s license number
• Insurance company name and policy number
• Vehicle make, model, year, color, and license plate number
  Avoid discussing fault or apologizing, as this could be misconstrued as an admission of liability. Use your smartphone to:
• Photograph vehicle damage, license plates, and injuries.
• Record the accident location (street names, landmarks).
• Capture weather, road conditions, traffic signs, and skid marks.
• Collect contact details from witnesses.

4. Notify Your Insurance Provider
New York is a “no-fault” insurance state, meaning your own Personal Injury Protection (PIP) coverage pays your medical bills and lost wages (up to policy limits) regardless of fault. Report the accident to your insurer within 24 hours. Provide factual details but avoid speculating about fault. If the other driver is uninsured or underinsured, your policy’s Supplementary Uninsured/Underinsured Motorist (SUM) coverage may apply.

5. Seek Medical Attention
Even if you feel fine, get evaluated by a healthcare provider within 72 hours. Symptoms of whiplash, concussions, or soft-tissue injuries may appear hours or days later. Keep a detailed record of:

• Hospital visits, diagnoses, and treatments.
• Prescription medications and medical equipment costs.
• Documentation linking injuries to the accident (e.g., doctor’s notes).
  Delaying medical care can jeopardize your insurance claim.

6. File a DMV Report (MV-104 Form)
If the accident caused injury, death, or property damage above $1,000, you must file a Report of Motor Vehicle Accident (MV-104) with the New York DMV within 10 days. Failure to do so may result in license suspension. Download the form online or mail a physical copy to:
New York State Department of Motor Vehicles
Accident Records Bureau
6 Empire State Plaza
Albany, NY 12228
Include a $25 filing fee unless filing electronically.

7. Consult an Attorney for Serious Injuries
If you sustained a “serious injury” as defined by New York law (e.g., broken bones, disfigurement, permanent disability), you can step outside the no-fault system and file a lawsuit against the at-fault driver. A car accident attorney can help:

• Investigate the accident (obtain police reports, surveillance footage).
• Negotiate with insurers to maximize compensation for pain and suffering.
• Navigate complexities like multi-car collisions or rideshare (Uber/Lyft) accidents.
  New York’s statute of limitations for personal injury lawsuits is three years from the accident date.

8. Handle Property Damage Claims
Your insurer may cover vehicle repairs under your collision coverage. If the other driver is at fault, their property damage liability coverage may pay for repairs or your vehicle’s actual cash value if totaled. Take these steps:

• Obtain multiple repair estimates from licensed auto shops.
• If your car is towed, note the tow company’s name, address, and fees.
• Request a rental car through your own policy (if you have rental reimbursement) or the at-fault driver’s insurer.

9. Follow Up on All Claims
Track the status of your insurance claim, medical reimbursements, and repairs. Keep copies of all correspondence, bills, and receipts. If disputes arise (e.g., claim denials, lowball offers), you can file a complaint with the New York State Department of Financial Services (DFS) or escalate to a lawsuit.

10. Additional Considerations

• Hit-and-Run Accidents: Report the incident to police immediately. Your uninsured motorist coverage may compensate you.
• Commercial Vehicles: If a truck or taxi caused the accident, multiple parties (driver, employer, insurer) may share liability.
• Government Vehicles: Suing a city or state agency requires filing a Notice of Claim within 90 days of the accident.
• Pedestrian/Bicycle Accidents: New York’s comparative negligence rules apply. Injured pedestrians can pursue claims through the at-fault driver’s liability insurance or their own PIP coverage.