What should I do after a car accident in New York?
Right after a crash in New York, take it in order: make sure everyone is safe and call 911 or the police, exchange information with the other driver, document the scene, and seek medical care promptly even if you feel fine. Then file your no-fault application — generally within 30 days — avoid admitting fault to anyone, and speak with an attorney before giving recorded statements. Those first steps protect both your health and your claim.
The minutes and days after a collision are stressful, and it is easy to make choices that feel reasonable but quietly hurt a later claim. A simple, ordered checklist helps you protect yourself and preserve your rights.
What should I do at the scene?
- 1Make sure everyone is safe. Move to a safe location if you can, and turn on your hazard lights.
- 2Call 911 or the police. A police report creates an official record of the crash, which is valuable later.
- 3Check for injuries and request medical help for anyone who needs it.
Even a seemingly minor crash should be reported. The official record can matter a great deal if the facts are later disputed.
What information should I exchange and gather?
Exchange information with the other driver and document the scene:
- Driver and vehicle details — names, license numbers, license plates, and contact information.
- Insurance information — the other driver's insurer and policy details.
- Photos — the vehicles, the damage, the position of the cars, the roadway, traffic signals, and any visible injuries.
- Witnesses — names and contact information for anyone who saw what happened.
Photographs and witness contacts are easy to collect at the scene and very hard to recreate later.
Why should I seek medical care promptly?
Because some injuries — including to the neck, back, and head — do not show symptoms immediately, and because gaps in treatment can undermine both your health and your claim. Getting checked promptly protects you medically and creates a contemporaneous record connecting the crash to your injuries. If symptoms appear days later, see a provider then and explain that you were in a collision.
How do I file a no-fault claim?
New York is a no-fault state, so your own insurance generally pays for medical bills and a portion of lost earnings regardless of who caused the crash — but only if you file on time. To preserve no-fault (PIP) benefits under the framework of Insurance Law §5102, you generally must submit the no-fault application to the insurer within 30 days of the accident. Missing that window can jeopardize benefits you would otherwise receive, so this is one of the most time-sensitive steps after a crash.
What should I avoid doing?
- Do not admit fault or apologize in a way that accepts blame, at the scene or to insurers. Fault is a legal determination based on all the facts.
- Do not give a recorded statement to the other driver's insurance company before speaking with an attorney.
- Do not accept a quick settlement before you understand the full extent of your injuries.
- Do not skip or delay medical treatment.
These cautions are not about gaming the system; they are about not unintentionally giving away rights before you know your situation.
When should I call an attorney?
Sooner rather than later, especially if anyone was injured, if fault is disputed, or if an insurer is pressing you for a statement. An attorney can make sure the no-fault application is filed on time, preserve evidence, handle insurer communications, and evaluate whether you may have a claim beyond no-fault. Early advice is often what keeps small mistakes from becoming costly ones.
Questions to consider
Do I have to call the police after a crash?
Reporting the crash and obtaining a police report is strongly advisable, particularly when there are injuries or significant damage. The official record helps if the facts are later disputed.
How long do I have to file a no-fault claim?
Generally within 30 days of the accident under the no-fault framework of Insurance Law §5102. Filing late can jeopardize your benefits, so it is a priority step.
Should I talk to the other driver's insurance company?
Be cautious. You are generally not required to give a recorded statement to the other driver's insurer, and it is wise to speak with an attorney first.
Get help after your crash
A clear head and the right order of steps protect both your recovery and your rights. If you were in a collision anywhere in the five boroughs, a prompt case review can confirm your deadlines, preserve the evidence, and handle the insurers so you can focus on healing.
This article is general information about steps after a New York car accident, not legal advice for your situation, and reading it does not create an attorney-client relationship. Deadlines, including the no-fault application window under Insurance Law §5102, and your options depend on the specific facts. Speak with an attorney about your circumstances. This is attorney advertising. Prior results do not guarantee a similar outcome.
