What to Do After a Car Accident in NY: Insurance Steps

1. Prioritize Safety & First Steps at the Scene

Move vehicles to a safe location (if drivable) to prevent further accidents. Turn on hazard lights and set up flares or warning triangles. Check for injuries—call 911 immediately if anyone is hurt. New York law mandates reporting accidents involving injury, death, or property damage exceeding $1,500 to the police. Even in minor collisions, a police report strengthens your insurance claim.

2. Exchange Information & Document the Scene

Gather these details from all drivers, passengers, and witnesses:

• Driver Information: Full name, contact number, address, driver’s license number, and insurance details (company name, policy number).
• Vehicle Information: Make, model, year, color, and license plate number.
• Police Report: Note the responding officer’s name, badge number, and precinct. Request the report number for future reference.

Document Evidence:

• Take photos/videos of vehicle damage, license plates, skid marks, traffic signals, road conditions, and visible injuries.
• Write down the exact time, location, weather, and a brief description of how the accident occurred.

3. Report the Accident to New York DMV

You must file Form MV-104 (Report of Motor Vehicle Accident) with the NY DMV within 10 days if:

• Property damage exceeds $1,000.
• The accident caused injury or death.
  Failure to report may result in license suspension. Submit the form online or by mail.

4. Understand New York’s No-Fault Insurance Rules

New York is a “no-fault” state, meaning your own insurance covers initial medical bills and lost wages—regardless of fault. Every NY-registered vehicle must carry Personal Injury Protection (PIP) coverage, providing:

• Up to $50,000 per person for medical expenses.
• 80% of lost wages (capped at $2,000/month for up to 3 years).
• $25/day for other expenses (e.g., transportation to medical appointments).

Notify Your Insurer Immediately:

• Report the accident to your provider within 24 hours, even if you’re unsure about filing a claim. Delays risk claim denial.

5. Filing a No-Fault Claim (PIP)

After notifying your insurer, submit these documents promptly:

• Completed NF-2 form (No-Fault Application) to your insurance company.
• Medical records and bills from healthcare providers.
• Proof of lost wages (pay stubs, employer letters).
• Receipts for accident-related expenses.

Deadline Alert: Submit the NF-2 form within 30 days of the accident. Missed deadlines forfeit PIP benefits.

6. When to File a Claim Against the Other Driver

No-fault insurance doesn’t cover property damage or severe injuries. You can pursue a liability claim against the at-fault driver if:

• Your vehicle repairs exceed your collision coverage (if applicable).
• You suffer a “serious injury” under NY law, including death, fracture, disfigurement, or permanent disability.

Steps for Third-Party Claims:

• Notify the at-fault driver’s insurer and provide evidence (photos, police report, repair estimates).
• Keep detailed records of all communication with adjusters.

7. Cooperate with Insurance Adjusters—But Stay Cautious

• Provide factual information about the accident—avoid admitting fault or speculating.
• Decline recorded statements without legal counsel if injuries are severe.
• Review settlement offers carefully. Insurers may undervalue claims.

8. Repairing Your Vehicle in New York

Your insurer will assess damage through:

• Collision Coverage: Covers repairs minus your deductible (if you’re at fault).
• Property Damage Liability (PDL): If another driver is at fault, their PDL covers repairs (minimum $10,000 in NY).

Choose Your Repair Shop: Insurers can’t force you to use specific shops, but pre-approved garages may expedite claims.

9. Timeline Deadlines You Can’t Afford to Miss

• Police Report: File at the scene or within 24 hours for unlisted damage/injuries.
• DMV Report: 10 days (if applicable).
• No-Fault Claim (NF-2): 30 days.
• Lawsuit Against At-Fault Driver: 3 years for injury claims; 3 years for property damage.

10. Common Mistakes to Avoid

• Delaying Medical Care: PIP claims require timely treatment records.
• Failing to Document: Insufficient evidence weakens claims.
• Settling Too Quickly: Consult a lawyer before accepting offers for severe injuries.
• Ignoring Policy Limits: NY’s minimum liability coverage is $25,000/$50,000 for bodily injury and $10,000 for property damage—often inadequate for major accidents.

11. Legal Options for Serious Injury Claims

If your injuries meet NY’s “serious injury” threshold, you can sue the at-fault party for:

• Pain and suffering.
• Future medical costs.
• Lost earning capacity.

Consult an Attorney: A NY car accident lawyer negotiates with insurers, calculates fair compensation, and handles lawsuits. Most work on contingency (no upfront fees).

12. Navigating Disputes & Denials

If your insurer denies your PIP claim or offers unfair compensation:

• Request a written explanation citing policy language.
• File an appeal with supporting evidence (e.g., medical reports).
• Contact the NY Department of Financial Services (DFS) or hire an attorney.

Key Takeaways for NY Drivers

• New York’s no-fault system prioritizes quick medical coverage but limits lawsuits.
• Immediate documentation and adherence to deadlines are critical.
• Property damage claims follow traditional fault-based rules.
• Legal advice is essential for accidents involving serious injuries or contested liability.