Getting into a New York car accident is a stressful event and knowing what to do beforehand can help protect your health and make sure you do not lose your rights to a meritorious car accident claim. Learn the essential information so that you will be prepared should a car or truck accident occur.
After being involved in an auto accident you will want to remember these 5 IMPORTANT NY AUTO ACCIDENT LEGAL TIPS from a New York Personal Injury Lawyer.
- Witnesses. Most times there is a dispute about who was at fault for an auto accident. The drivers and their passengers are usually considered interested witnesses that have a bias. However, if you can obtain the names, phone numbers, and addresses of any eyewitnesses who were at the scene, these are considered disinterested witnesses. Obtaining such witnesses will tremendously help prove what happened regardless of what the other driver tells the police.
- Early Documentation. In addition to obtaining the other driver’s license, registration, and insurance information, it is important to show that the accident and injuries occurred through the writings of other professionals reporting this information in their business records. Calling 911 for the police and an ambulance to come and record what happened are the first documents a New York Personal Injury Lawyer will try to obtain. Those reports often contain statements made by both drivers and witnesses at the scene and is considered a trustworthy source of information. The information recorded by health providers relaying your complaints of pain and providing a description of how the accident occurred is important information for proving your case.
- Photographs and Videos. Photographs should be taken at the scene showing the damage to the vehicles, license plates, the other driver and passengers, the position of the vehicles, any nearby traffic control devices that were relevant to the accident, the road conditions if relevant, and visible injuries. Photographs and videos are often the best evidence to prove who was at fault. Any dash cameras, traffic cameras, or surveillance videos from nearby stores can be critical in proving liability against the other driver.
- Medical Treatment. The law in New York State requires a person to have a “serious injury” to have a meritorious personal injury claim. Serious injury has a legal definition contained in the NYS Insurance Law Section 5102 which is further defined in judicial case law. Without medical documentation of a diagnosis supported by objective medical testing such as x-rays, CT scans, MRIs, or EMGs, it will be difficult to prove a serious injury occurred.
- No-Fault Application. When involved in an accident, the policy of auto insurance for the vehicle you were in at the time of the accident becomes your health insurance. This is called no-fault coverage. Even if you were at fault for the accident, the coverage is still provided. If you were a pedestrian, then the vehicle that struck you must provide the no-fault coverage with their auto policy.
The law requires that you must complete and send in a No-Fault application form within 30 days of your accident to obtain this coverage. If a person fails to timely send in their application, they could be denied these “no fault” benefits. These benefits of coverage include medical treatment, lost wages, and other incidental provable losses, up to $50,000. More coverage can be available depending on whether additional coverage was paid for under the policy. Even after you call the insurance company and obtain a claim number, you must still submit the completed No Fault application within 30 days of the accident.
If a person involved in an accident uses their private health insurance instead of the no-fault carrier, they may become legally responsible to pay back the health insurance company the medical costs, so it is important to know the necessary legal steps when involved in a car accident.
A New York Auto Accident Attorney will help you complete and send the no-fault application to the right insurance carrier to protect your rights.
How Common Are Traffic Accidents in the New York City?
In 2024, traffic crashes in New York City led to 253 fatalities and 3,031 serious injuries, according to NYC DOT. In 2025, New York City recorded 205 traffic fatalities and 2,947 serious injuries, a 19% drop in deaths and a 2.8% drop in serious injuries from 2024, per NYC DOT. Many more people sustained minor injuries covered by their Personal Injury Protection (PIP) coverage.
FAQs
Q: Do I Have to Report an Accident to the DMV in NY?
A: A driver of a motor vehicle must report an accident to the DMV in NY if a person was injured or killed, or there was damage to one person’s property that exceeded $1,000. You have ten days to report the accident. If you fail to file a report on time, the DMV may suspend your license until the report is on file.
Q: What Is the First Thing You Do After a Car Accident?
A: Make sure you are not presently at risk of being struck by another vehicle because of your placement on the roadway and then call 911 for immediate help. Get the other driver’s insurance information and take photos at the scene of the vehicles involved and the other driver and their passengers.
Hire a Car Accident Lawyer Today
If you’ve been involved in a car crash in NYC, it’s important to take the steps outlined above immediately. The sooner you speak to a lawyer experienced in litigating auto accidents, the sooner you feel less anxious about the situation. New York car accident lawyers help people in your situation every day and know what to do and say to make sure you are being protected.
You can trust the team here at the Law Office of Brett J. Nomberg, PLLC, to assist you with your car accident case. With over 30 years of experience we have a clear knowledge of the car accident laws to protect your rights and get the fair compensation you deserve. Contact us to schedule a consultation today.
