What to Do After a Car Accident in New York

What you do in the minutes and days after a crash matters more than most people realize. New York is a No-Fault state, which means your own insurance pays your initial medical bills and lost wages, but only if you follow the rules and meet the deadlines. Handle those steps well and you protect both your health and any claim you may have.

Here’s the order we tell New Yorkers to work through it.

At the scene

1. Get to safety and call 911. Move out of traffic if you can, and ask for police and an ambulance if anyone is hurt. A police report creates an official record of the crash.
2. Exchange information. Get the other driver’s name, license number, plate, and insurance details. Don’t argue about fault or apologize.
3. Photograph everything. Vehicles, damage, the road, traffic signals, skid marks, and any visible injuries. Wide shots and close-ups both help.
4. Get witness names and numbers. Independent witnesses can decide a disputed case.

The same day

• See a doctor, even if you feel okay. Adrenaline hides injuries, and whiplash or a concussion can surface a day later. A same-day medical record ties your injuries to the crash.
• Report the crash to your own insurer. Keep it factual. You don’t have to give the other driver’s insurer a recorded statement.

Within 30 days: your No-Fault claim

New York’s No-Fault system pays medical bills, a portion of lost wages, and other expenses regardless of who caused the crash. To use it, you generally must submit your No-Fault (PIP) application within 30 days of the accident. Miss that window and the insurer can deny benefits you were entitled to. This is the deadline people trip over most.

When you can step outside No-Fault

No-Fault covers your basic costs, but it doesn’t pay for pain and suffering. To sue the at-fault driver for that, your injury has to cross New York’s serious injury threshold under Insurance Law §5102(d), which includes fractures, significant limitation of a body function, and permanent injury. A lawyer can tell you early whether your injury qualifies.

What not to do

• Don’t give the other side’s insurer a recorded statement before you get advice.
• Don’t accept a fast settlement before you know the full extent of your injuries.
• Don’t post about the crash on social media.

If you were hurt, talk to a lawyer before you talk to an adjuster. See how we handle these cases on our car accidents page and our broader personal injury practice, or reach us through contact us for a free review.