Post Car Accident Guide

Post Car Accident Guide for New York Drivers

What to do after a car accident in New York can make the difference between a strong legal claim and no recovery at all. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has guided crash victims through every step of this process for more than 30 years. From the scene of the crash to filing insurance claims, gathering evidence, and meeting legal deadlines, each decision you make in the hours and days after a collision directly impacts the outcome of your case.

New York roads generate tens of thousands of motor vehicle collisions each year. In 2024, New York City alone recorded over 91,000 crashes, more than 40,000 injuries, and 250 traffic deaths, according to NYPD data. Post-accident mistakes — delayed medical care, failure to file a police report, or speaking to the wrong insurer too soon — are among the most common reasons injured victims lose or reduce their compensation. Knowing the New York car accident steps to take in the immediate aftermath protects your health, your rights, and your recovery.

New York’s no-fault insurance system under Insurance Law §5103 covers up to $50,000 in basic economic loss — including medical bills and a portion of lost wages — through your own insurer, regardless of fault. To access these benefits, you must file an NF-2 no-fault application within 30 days of the crash. Filing late is not accepted. To file a lawsuit against the at-fault driver, your injuries must meet the serious injury threshold under Insurance Law §5102(d) — a fracture, permanent limitation, significant disfigurement, or a 90/180-day disability. If a government vehicle or road defect was involved, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e.

Why the Steps You Take Right Now Matter

Insurance companies begin building their defense the moment a crash is reported. Adjusters look for gaps in medical treatment, inconsistent statements, delayed police reports, and missing evidence. Every delay or misstep gives them grounds to deny or reduce your claim. New York car accident cases are won or lost on the quality and speed of evidence gathering — crash scene photos, police reports, witness information, and medical records all degrade rapidly in the hours and days after a collision.

Certain evidence disappears entirely within days. Traffic camera footage is typically overwritten in 24 to 72 hours. Dashcam video loops over itself unless preserved. Witnesses forget details, move, or become unreachable. Skid marks and debris are cleared. The sooner Brett Nomberg is brought in, the better positioned you are to preserve every piece of evidence that can support your claim. Visit his verdicts and settlements page to see how thorough evidence gathering translates into real results.

Immediate Steps: What to Do at the Crash Scene

1. Stay at the scene and move to safety. New York law prohibits leaving the scene before exchanging information. If vehicles are driveable and it is safe to do so, move them out of active traffic lanes. Turn on hazard lights immediately.
2. Call 911. Report the crash to police and request emergency medical assistance. A police-generated accident report is official documentation of the event, the parties involved, and the officer’s initial observations — all of which are critical evidence.
3. Seek medical help immediately, even if you feel fine. Traumatic brain injuries, spinal cord damage, and internal bleeding are often painless at first. Same-day emergency evaluation creates a medical record that ties your injuries directly to the crash. Delays of even one or two days give insurers grounds to argue your injuries came from something else.
4. Photograph and document everything you can. Use your phone to photograph: both vehicles from every angle, damage points, final resting positions, skid marks, road conditions, broken signals or signs, weather, lighting, and any visible injuries on your body. These images become irreplaceable evidence.
5. Exchange information with all drivers. Collect full name, address, driver’s license number, license plate, insurance carrier name, and policy number. If there are passengers or witnesses, get their names and contact information as well.
6. Do not admit fault or make apologies. Even a casual apology can be recorded and used against you by an insurer to argue you accepted responsibility. Stick to factual exchanges only — name, insurance, and contact information.

New York’s Required Accident Reports

New York law imposes specific reporting requirements after a crash. Failing to meet these deadlines can result in license suspension and weaken your legal claim.

Steps After Leaving the Crash Scene

1. Follow all medical instructions and attend every appointment. Gaps in treatment are the number one tool insurers use to argue your injuries were not serious or were unrelated to the crash. Keep every appointment, follow all prescriptions, and document every symptom — even minor ones — in a daily journal.
2. File your no-fault application within 30 days. The NF-2 form must be submitted to your own insurance carrier within 30 days of the accident. This is not optional — missing this deadline ends your access to Personal Injury Protection (PIP) benefits covering medical bills and lost wages, regardless of fault.
3. File the MV-104 with the DMV within 10 days if required. If police were not called or did not file a report, and the crash involved injury, death, or property damage over $1,000, you must file Form MV-104 with the New York State DMV within 10 days. Failure to file can suspend your license.
4. Preserve all records and documentation. Keep copies of the police report, all medical records, receipts for prescriptions and treatment, repair estimates, insurance correspondence, and any communications with the other driver’s insurer. Start a written log of daily pain levels, limitations, and how your injuries affect your work and daily life.
5. Do not give a recorded statement to the other driver’s insurance company. You are not legally required to speak with the at-fault driver’s insurer. Adjusters are trained to record statements and use your words to minimize your claim. Any statement you give voluntarily can — and will — be used against you.
6. Contact Brett Nomberg before any settlement discussions begin. Once an insurer makes a settlement offer, they typically require you to sign a full release of all claims. Accepting a low early offer eliminates your right to pursue further compensation — even if your injuries worsen. Brett evaluates the full value of your case before any offer is accepted.

Evidence That Wins New York Car Accident Cases

The strength of your car accident claim depends entirely on evidence. Brett Nomberg and his team move quickly to gather and preserve every piece before it is lost. Evidence commonly used to prove liability and damages in New York crash cases includes:

• Police accident report (MV-104A) — Officer’s observations, fault notations, and witness identification
• Traffic and red-light camera footage — Overwritten within 24–72 hours; must be preserved immediately with a legal hold letter
• MTA and NYC DOT camera footage — Often captures crashes on major city intersections and bus routes
• Dashcam and surveillance video — Nearby businesses, ATMs, and building cameras frequently capture crash footage
• Cell phone records — Subpoenaed to prove the at-fault driver was texting or using a handheld device at the time of impact
• Event Data Recorder (EDR / black box) — Records vehicle speed, braking, and steering input in seconds before impact; retrieved by accident reconstruction experts
• Witness statements and contact information — Gathered immediately at scene; witnesses become harder to locate within days
• Medical records and imaging — Emergency room reports, MRIs, CT scans, and specialist notes link injuries directly to the crash
• Photographs of the scene — Vehicle positions, damage, skid marks, road defects, and weather conditions taken at the time of crash
• Prior DOT complaint records — Prove the city or state knew about a dangerous road condition before your crash, supporting municipal liability
• Employment and wage records — Documenting lost income and loss of earning capacity for serious injury claims

Understanding Your New York Insurance Coverage After a Crash

New York’s no-fault insurance system means your own insurance pays first — regardless of who caused the crash. Every registered vehicle in New York, except motorcycles and certain commercial vehicles, must carry at least $50,000 in Personal Injury Protection (PIP) coverage. PIP covers medical expenses, up to 80% of lost wages (capped at $2,000 per month), and other reasonable costs like transportation to medical appointments and household services, up to the policy limit. For details on how PIP works, see the NY DFS No-Fault Insurance FAQ.

If your no-fault benefits are exhausted, you may apply for Additional PIP (APIP) or Optional Basic Economic Loss (OBEL) coverage if your policy includes those options. If the at-fault driver was uninsured, you may pursue your own uninsured motorist (UM) coverage or file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). If they were underinsured, your underinsured motorist (UIM) coverage applies once the at-fault driver’s policy is exhausted. New York personal injury law allows you to pursue all available sources of compensation simultaneously.

Common Injuries That Qualify for a New York Car Accident Lawsuit

To file a personal injury lawsuit beyond no-fault benefits, your injuries must meet the serious injury threshold under Insurance Law §5102(d). The following injury types commonly meet this standard. If you suffered any of these, contact Brett Nomberg immediately to evaluate your claim:

• Bone fractures — Any fracture, including hairline fractures to the spine, ribs, arms, legs, or pelvis, satisfies the serious injury threshold
• Traumatic brain injury (TBI) — Concussions, hemorrhages, and cognitive impairment; see Brett’s TBI practice page
• Spinal cord damage — Herniated discs, nerve compression, or paralysis; see NYC spinal cord injury page
• Permanent limitation of a body part or organ — Documented by imaging and specialist evaluation
• Significant disfigurement — Visible scarring, disfigurement of the face or body that is apparent to others
• 90/180-day disability — Injuries that prevented you from performing substantially all normal daily activities for at least 90 of the 180 days following the crash
• Burn injuries — From fuel ignition, airbag deployment, or contact with hot surfaces; see NYC burn injury page
• Wrongful death — When a crash claims a family member’s life; see wrongful death practice page

Frequently Asked Questions

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About Brett J. Nomberg

Brett J. Nomberg has practiced personal injury law in New York for more than 30 years. He personally manages every case at his firm — clients speak directly with Brett, not a paralegal or junior associate. He is available 24 hours a day, 7 days a week, including weekends and holidays, because accidents never follow a schedule. His record includes verdicts and settlements of $4.5 million for a brain injury, $3.9 million in a case where evidence was concealed, $3.65 million for a construction accident, $1.7 million in a case where a surveillance tape was hidden, and $1.4 million for a Queens slip and fall on ice. All cases are handled on a contingency fee basis — you pay nothing unless Brett wins. Learn more at his attorney profile page.

Don’t Navigate the Aftermath of a New York Car Crash Alone — Call Brett Nomberg Now

The hours and days after a car accident in New York set the foundation for your entire case. Missed deadlines, lost evidence, and recorded statements made without legal counsel can permanently damage your claim. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach the firm through our online contact page. There is no fee unless we win.