What To Do After a Car Accident in New York

After a car accident in New York, do four things first: move to safety, call 911, exchange driver information, and photograph the scene. Get medical attention even if you feel fine, because adrenaline masks injuries. File your no-fault insurance claim within 30 days. If damage is $1,000 or more to any one person's property or anyone was injured, file Form MV-104 with the NY DMV within 10 days.

The minutes and days after a crash are stressful. The decisions you make in that window shape both your physical recovery and your legal options. This guide walks through exactly what to do after a car accident, from the scene through insurance filing, with the New York rules that most general guides leave out. The Orlow Firm has represented injured New Yorkers in car accident cases since 1982. The patterns that help or hurt a claim are almost always set in the first few days.

This article provides general information and is not legal advice. Every case is different. Contact a qualified attorney for guidance specific to your situation.

What to Do at the Scene: Safety First

Before anything else, protect yourself and anyone else involved.

If your vehicle is drivable and creating a hazard, move it out of the flow of traffic. But do not leave the scene. Leaving a crash that involves injury or property damage is a crime in New York. Turn on your hazard lights. If you have cones or flares, use them so oncoming drivers can see the scene.

Then check yourself and your passengers for injuries before you step out to deal with the other driver. A quick self-check matters, because shock can keep you from noticing your own injuries in the moment.

Call 911

New York law generally requires you to notify police when a crash involves injury, death, or property damage. Calling 911 also creates an official record. That record becomes a cornerstone of any later insurance claim.

When officers respond, they document the scene, note who was involved, and often record how they think the crash happened. Get the responding officer's name and badge number. Ask how to get the police report or the accident report number. If police do not respond to a minor, non-injury collision, follow the NYPD's process for reporting it yourself. Document everything as if a report had been filed.

Exchange Information: Exactly What to Collect

Exchange information with every other driver involved. Collect more than a phone number, and try to see the documents yourself instead of relying on what the other driver tells you.

At minimum, gather:

• Full name and address
• Driver's license number
• Vehicle registration and license plate number
• Insurance company name and policy number
• Make, model, color, and year of the vehicle

Ask to see the other driver's insurance card and license rather than taking their word for it. Details get remembered wrong, and a wrong policy number can stall a claim for weeks.

Document the Scene

Photos taken at the scene are often the strongest evidence in a claim, because they capture conditions that disappear within hours. Use your phone to record what happened before the vehicles are moved and the road is cleared.

Photograph the damage to every vehicle from several angles. Get the license plates and the position of the cars relative to the road and to each other. Then capture the surrounding conditions: skid marks, debris, traffic signals, signs, road markings, and the weather and lighting at the time. If you have visible injuries and it is safe to do so, photograph those too. Mix wide shots that establish the whole scene with close-ups of specific details. That gives the fullest picture later.

Get Witness Information

Witnesses tend to leave quickly, and once they are gone they are hard to find. If anyone saw the crash, ask for their name, phone number, and email. Make a note of where they were standing, since their vantage point affects how much weight their account carries. Ask for their honest recollection rather than coaching or pressuring them. A witness who feels pushed can become unreliable.

What Not to Say

Be careful with your words. Do not apologize, say "I didn't see you," or accept any blame. Don't do it casually, and don't do it even if you think the crash was partly your fault. Stick to a factual exchange of information.

Why does this matter? Insurance adjusters and opposing attorneys can use any admission against you, and people often misjudge fault in the confusion right after a crash. A polite "I'm sorry" said out of reflex can later be cast as an admission. State the facts, and leave the conclusions to the investigation.

Hidden Injuries: Why You Must See a Doctor After a Car Accident

Get medical attention after a car accident even if you feel fine. Adrenaline is a natural painkiller. In the hours after a crash it can mask injuries that are already there. Many common car accident injuries do not announce themselves right away.

Whiplash is a clear example. Neck pain, stiffness, headaches, and dizziness from a sudden jolt often do not appear until 24 to 72 hours after the crash. Concussions behave the same way. Confusion, foggy thinking, and sensitivity to light or sound can be delayed. Internal injuries may show up only as abdominal pain, dizziness, or unusual fatigue. Soft tissue damage can surface later as back pain, numbness, or tingling.

Get emergency care right away if you have headaches or dizziness, neck or back pain, numbness or tingling in your arms or legs, or abdominal pain. These can signal a serious underlying injury.

There is a legal reason to be evaluated promptly too. A prompt medical record creates a direct, dated link between your injuries and the accident. Without that record, an insurer can argue the injury happened somewhere else or existed before the crash. A gap between the accident and your first treatment is one of the most common reasons insurers give for denying or shrinking a claim. Under New York's no-fault system, your own insurance covers accident-related treatment no matter who was at fault. So there is no financial reason to wait. File the no-fault claim and get evaluated.

How New York's No-Fault Insurance System Works

New York is a no-fault state. That means your own insurance pays your medical bills and a portion of your lost wages after a car accident, no matter who caused it. Every registered vehicle in New York must carry Personal Injury Protection, usually called PIP or no-fault coverage.

Basic PIP provides up to $50,000 per person under New York Insurance Law § 5102. That coverage applies to reasonable medical expenses. It also covers lost earnings up to $2,000 per month for up to three years, plus up to $25 per day for other reasonable expenses for up to one year. No-fault does not cover damage to your vehicle. That falls under collision or property damage coverage. It also does not cover pain and suffering.

One detail surprises many riders: New York's no-fault system does not apply to motorcycle operators and passengers. If you were on a motorcycle, the PIP rules described here do not cover you, and the path to recovering medical costs is different.

The 30-Day No-Fault Deadline

The most important no-fault deadline is the first one. You must give your insurer written notice of the claim within 30 days of the accident, according to the New York Department of Financial Services. The standard application is Form NF-2.

After that first notice, two more deadlines follow. Medical bills must generally be submitted within 45 days of treatment, and lost wage documentation within 90 days. Miss these windows and you can lose benefits you would otherwise have received. Track them carefully from day one.

The "Serious Injury" Threshold

Because New York is a no-fault state, you generally cannot sue the at-fault driver for pain and suffering. The exception is when your injuries meet the statutory "serious injury" threshold defined in New York Insurance Law § 5102(d). That definition includes:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury that prevents you from performing your usual daily activities for at least 90 of the 180 days following the accident

If your injuries meet this threshold, you may be able to step outside the no-fault system and sue for additional damages, including pain and suffering, under New York Insurance Law § 5104. Whether a specific injury actually qualifies is a legal question. It turns on medical evidence and is not something you can reliably judge on your own. It requires evaluation by an attorney.

New York Reporting Requirements and Legal Deadlines

Calling 911 is not the end of your reporting duties. New York has separate filing requirements and time limits that exist apart from the police response.

The MV-104 DMV Report

You must file Form MV-104 with the New York DMV when a crash causes injury, death, or property damage of $1,000 or more to any one person's property, according to the New York DMV. The deadline is within 10 days of the accident.

The form is available at dmv.ny.gov, and you file it by mail to the address printed on the second page. This is not optional paperwork. Failing to file when required is a misdemeanor and can lead to suspension of your driver's license.

Statute of Limitations

The statute of limitations is the deadline to file your lawsuit. For most car accident negligence claims in New York, it is three years from the date of the accident under CPLR § 214. Wrongful death claims carry a shorter limit of two years from the date of death under EPTL § 5-4.1.

One trap catches people every year. What if your claim is against a government entity, such as a city bus, a county vehicle, or a state agency? Then you generally must file a formal Notice of Claim within 90 days of the accident under General Municipal Law § 50-E. That 90-day requirement is separate from the three-year lawsuit deadline, and much shorter. Missing it can wipe out an otherwise valid claim.

For quick reference, the core no-fault deadlines are 30 days to file your no-fault notice, 45 days to submit medical bills, and 90 days to submit lost wage documentation.

Dealing With Insurance Companies

Report the accident to your own insurer promptly. Even though New York is a no-fault state, timely notice is part of your policy obligations. Delays give the company a reason to push back.

When you speak with any insurer, stick to the facts. Describe what happened without guessing about who was at fault, how badly you are hurt, or what caused the crash. You may not know the full answer to any of those yet. Be especially careful with the other driver's insurance company. Do not give a recorded statement to the other driver's insurer without talking to an attorney first. Adjusters work for the insurance company. Their job is to limit what the company pays, not to maximize what you recover.

Do not accept a settlement offer before you understand the full extent of your injuries, which can take weeks or months to become clear. Keep a record of every interaction. Note the date, the time, the name of the representative, and what was discussed. That gives you your own account of how the claim was handled.

It helps to understand which coverage pays for what. Your no-fault PIP covers your medical expenses and part of your lost wages regardless of fault. Your collision coverage pays for damage to your vehicle. The at-fault driver's liability insurance is what you may pursue for additional damages if you meet the serious injury threshold. And if the at-fault driver has no insurance or not enough, your own uninsured or underinsured motorist coverage may apply.

Common Mistakes That Hurt Your Car Accident Case

Most claims are weakened by avoidable errors in the first few days. The most common ones are:

1. Leaving the scene of the accident, which can carry criminal exposure
2. Not calling the police, which leaves no official record of what happened
3. Admitting fault, even with a reflexive "I'm sorry" or "I didn't see you"
4. Skipping medical attention because you feel fine, since a treatment gap invites denial
5. Giving a recorded statement to the other driver's insurer
6. Missing the 30-day no-fault filing deadline
7. Missing the 10-day DMV MV-104 deadline
8. Posting about the accident on social media, which insurers monitor
9. Accepting a quick settlement before knowing the full extent of your injuries
10. Failing to collect witness information before witnesses leave the scene

When to Contact a Personal Injury Attorney

Not every fender-bender needs a lawyer, but some situations make legal help worth it. Consider talking to an attorney when you have serious injuries, such as a fracture, surgery, hospitalization, or any long-term or permanent disability. The same goes when liability is disputed and the other driver denies fault. Call one when multiple vehicles or parties are involved. And call one when a government vehicle or government-owned property is involved and the 90-day Notice of Claim deadline is in play.

Legal help also makes sense in a few other situations. Call a lawyer when an insurer denies or delays your claim. Call one when an offer seems too low and you have not yet reached maximum medical improvement. Call one when your injuries might meet the serious injury threshold but you need a professional assessment to know. And call one in the tragic case of a family member's wrongful death.

An attorney does several things that are hard to do on your own. Much of the most important evidence is time-sensitive and disappears quickly. Accident reconstruction, vehicle data, and surveillance footage can all vanish, so a lawyer moves fast to preserve it. An attorney can assess whether your injuries meet the serious injury threshold. They handle communications with insurers so you do not say something that hurts your claim. And they pursue the full value of the claim, including medical costs, lost wages, future care, and pain and suffering. Just as important, they keep your case on track with every applicable deadline.

Personal injury attorneys usually work on a contingency basis. That means there is no fee unless they recover compensation for you, usually one-third of the net recovery. That structure lets injured people get legal help without paying out of pocket up front.

Frequently Asked Questions

Do I have to call the police after a car accident in New York?

You should call the police whenever a crash involves injury, death, or property damage. The police report is the official record of the accident and a key piece of evidence for any insurance claim. Even if officers do not respond to a minor collision, follow the NYPD's self-reporting process and document the scene yourself.

How long do I have to file a car accident claim in New York?

For most negligence claims, the statute of limitations is three years from the accident date. The no-fault deadline is much shorter: written notice to your own insurer within 30 days. Claims against a government entity generally require a Notice of Claim within 90 days. The deadline depends on who you are claiming against.

What happens if I don't report a car accident in NY within 10 days?

If a crash caused injury, death, or property damage of $1,000 or more, failing to file Form MV-104 with the DMV within 10 days can result in a misdemeanor charge and suspension of your driver's license, according to the New York DMV. Filing on time protects both your license and your claim.

What is New York's no-fault insurance and how does it work?

No-fault means your own insurance pays your medical bills and part of your lost wages after a car accident regardless of who caused it. Every registered New York vehicle must carry Personal Injury Protection providing up to $50,000 per person. No-fault does not cover vehicle damage or pain and suffering, and it does not apply to motorcycle riders.

Can I sue the other driver after a car accident in New York?

Generally you can only sue for pain and suffering if your injuries meet the "serious injury" threshold under New York Insurance Law § 5102(d). If they do, you may pursue additional damages outside the no-fault system. Whether a specific injury qualifies is a legal determination that requires attorney evaluation.

What is the "serious injury" threshold in New York?

It is the legal standard in New York Insurance Law § 5102(d) you must meet to sue for pain and suffering. It includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body part, permanent or significant limitation of a body function or system, and injuries preventing normal daily activities for at least 90 of the 180 days after the crash.

What should I do if the other driver has no insurance?

If the at-fault driver has no insurance or not enough to cover your losses, your own uninsured or underinsured motorist coverage may apply. Your no-fault PIP still covers your medical bills and lost wages regardless of the other driver's coverage. An attorney can help identify every available source of recovery.

Should I see a doctor even if I feel fine after a car accident?

Yes. Adrenaline can mask injuries, and conditions like whiplash and concussion often appear 24 to 72 hours later. A prompt medical evaluation protects your health and creates a dated record linking your injuries to the accident. Without it, insurers commonly argue the injury was pre-existing or unrelated.

Can I give a recorded statement to the insurance company?

Report the accident to your own insurer. But do not give a recorded statement to the other driver's insurance company without talking to an attorney first. Adjusters are trained to ask questions in ways that can reduce or deny your claim. Stick to the facts and avoid guessing about fault or injury severity.

How long does a car accident lawsuit take in New York?

There is no fixed timeline. It depends on injury severity, whether liability is disputed, and whether the case settles or goes to trial. Many claims resolve through settlement. Contested cases involving serious injuries can take longer. An attorney can give you a realistic estimate once the facts are clear.

Sources & Official Resources

New York Laws Cited

1. New York Insurance Law § 5102 — Basic Economic Loss and Serious Injury Definitions
2. New York Insurance Law § 5104 — Right to Sue for Non-Economic Loss
3. CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
4. EPTL § 5-4.1 — Two-Year Statute of Limitations for Wrongful Death
5. General Municipal Law § 50-E — 90-Day Notice of Claim Requirement

Government Agency Resources 6. NY DMV — File a Motorist Crash (Accident) Report (Form MV-104) 7. NY DMV — Chapter 12: If You Are in a Traffic Crash (Driver's Manual) 8. NY DFS — No-Fault Auto Insurance FAQs 9. NY DFS — Form NF-2: Application for Motor Vehicle No-Fault Benefits

Contact The Orlow Firm

If you have been hurt in a car accident in New York City, the steps you take in the hours and days after the crash can make a real difference in both your recovery and your legal options. The Orlow Firm has handled car accident cases in Queens and throughout New York City since 1982.

Call (646) 647-3398 for a free consultation. We work on contingency — you pay nothing unless we win.

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