What to Do After a Car Accident in New York

A car accident in New York can leave you dealing with painful injuries, vehicle damage, insurance claims, and uncertainty about what to do next. The steps you take after a crash can affect your health, your insurance claim, and your ability to pursue compensation for your losses. In this article, the New York car accident lawyers at Friedman & Simon, L.L.P. explain what to do after a car accident in New York, from protecting yourself at the scene to documenting the crash and handling insurance matters. Knowing what steps to take and what mistakes to avoid can help you protect your rights as you recover.

What Should I Do Immediately After a Car Accident in New York?

A car accident is scary and confusing, but the following steps can protect your health and your rights.

Check for Injuries and Move to Safety

Safety is always the greatest concern. Please do not take any action that may jeopardize your own safety or the safety of others. Check yourself and any passengers for injuries. If your vehicle is drivable and blocking traffic, and it is safe to do so, move it to the shoulder or a nearby parking lot. Turn on your hazard lights so other drivers see you. Call 911 if anyone is hurt or if vehicles remain in the roadway. NYPD can draft an accident report at the scene while paramedics identify and treat any injuries. (Please note, the NYPD may choose not to come to the scene if they are advised that there are no “life-threatening” injuries. If that happens, the suggestions in the next section become especially important.)

Exchange Information With the Other Driver

New York law requires drivers involved in an accident to stop at the scene and exchange:

• Names and addresses
• License numbers
• Registration information
• Insurance details

Document the Scene

While you wait for police or after they arrive:

• Take photographs of the vehicles, the road conditions, and any visible injuries.
• Collect contact information from witnesses who saw what happened.

These details often prove important later, and memories and evidence fade quickly.

Be Careful What You Say

It is natural to want to explain yourself after a crash, but the words you choose in those first moments can follow you through the entire claims process. Stay away from guessing about fault or narrating how the accident happened, since something as simple as "I'm sorry" or "I didn't see them" can be twisted into an admission of fault by an insurance company, regardless of who was truly responsible. Answer police with the facts, and hold the fuller story for your attorney. Once the scene is secure, your next priority is seeking medical attention.

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What to Do Once You Have Left the Scene of the Accident

Once you have left the scene, several important steps remain to protect your health and your claim.

• Get medical care. Getting medical treatment is crucial to your health and your claim. Go to the emergency room, urgent care, or your doctor as soon as possible.
• Notify your insurance company* Contact your insurer promptly to report the accident. New York's no-fault system means you typically turn to your own policy for part of medical bills and lost income, regardless of who caused the accident.
• File an MV-104 with the DMV, if required*. New York requires drivers to file a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if the accident involved injury, death, or more than $1,000 in property damage.
• Follow through with medical treatment. Attend any follow-up appointments and follow your doctor's recommendations. Consistent treatment helps you recover and creates a medical record connecting your injuries to the accident.
• Keep records organized. Save copies of medical bills, records, and receipts. Keep a copy of the police report and MV-104, if filed. Track missed work and lost income, and save correspondence with insurance companies.
• Speak with an attorney. Before accepting a settlement or signing any documents from an insurance company, it is most prudent to speak with an experienced and dedicated car accident attorney who will protect your right to compensation.

* If you retain our law firm, we can complete the Application for New York No-Fault Benefits (NF-2 form) and the MV-104 for you.

What Not to Do After a Car Accident

It is just as important to avoid mistakes that can weaken your case as it is to take the right steps after an accident.

Don't Leave the Scene

New York law requires you to stay at the scene and exchange information with the other driver. Leaving before doing so is illegal and could damage your ability to recover compensation, even if the other driver caused the crash.

Don't Admit Fault

Avoid statements like "I'm sorry" or "I didn't see them." Insurance companies sometimes use these comments as an admission of fault, even in situations where you are not to blame.

Don't Skip Medical Care

Delaying treatment gives the impression that your injuries are minor, even when they are not. See a doctor if you feel discomfort after the accident, since some severe injuries do not appear right away.

Don't Give a Recorded Statement Right Away

Insurance representatives often request a recorded statement soon after a crash. Speaking before you understand the extent of your injuries can result in a statement that is later used against you. We strongly suggest that you DO NOT provide a statement to anyone other than the police until after you have consulted with an experienced car accident lawyer.

Don't Post About the Accident on Social Media

What you share online after a crash can end up working against you. Insurance adjusters often look through social media accounts for photos or posts that cast doubt on an injury claim or contradict a driver's version of events. Until your case is settled, it is best to stay off social media or keep any posts about your health, activities, or the accident to yourself.

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When to Talk to a Lawyer

Speaking with an attorney sooner rather than later can make a real difference after a car accident. New York law puts a limit on how long you have to file a lawsuit, and that deadline can approach faster than expected once treatment, insurance paperwork, and daily life take over. Reaching out early also protects the evidence your case may need. Witnesses forget details as time passes, surveillance footage is frequently overwritten or deleted within days, and the accident scene itself changes quickly once vehicles are towed and repairs are underway. You do not need to wait until you are certain you have a claim. If you are unsure whether your injuries or losses warrant legal action, a conversation with an attorney will clarify your options before you make a decision. This is especially important before speaking further with an insurance adjuster or signing any settlement offer, since both are designed to work in the insurance company's favor rather than yours.

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Consulting With a Law Firm Is an Important Step

A car accident can change your daily life in an instant, but the steps you take afterward make a real difference. From documenting the scene to filing an MV-104 to speaking with an attorney, each step protects your health and your right to compensation. If you were injured in a New York car accident, contact Friedman & Simon, L.L.P. Call for a free consultation to discuss your options.

Call or text (516) 932-0400 or complete a Free Case Evaluation form