What to Do Immediately After a Car Accident in New York

What to Do After a Car Accident | Brett J. Nomberg

Knowing what to do after a car accident in New York can make all the difference in how your health, finances, and legal rights are protected. Car crashes are overwhelming — but your actions in the first moments and days following a collision directly determine whether you receive full compensation or lose it entirely. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has guided injured New Yorkers through every step of what to do after a car accident for more than 30 years. This guide walks you through the exact steps — from the crash scene to filing your claim — so you know precisely how to protect yourself.

New York City recorded over 91,000 motor vehicle collisions in 2024, with more than 40,000 injuries and 250 traffic deaths according to NYPD data. The decisions you make after a car accident — whether you call police, seek same-day medical care, photograph the scene, or give a recorded statement — all become part of the permanent record of your case. Insurance companies begin building their defense the moment a crash is reported. Every step you take matters. If you are unsure what to do after a car accident in New York, call Brett Nomberg at (212) 808-8092 before taking any action.

New York’s no-fault insurance system under Insurance Law §5103 means your own insurer pays up to $50,000 in Personal Injury Protection (PIP) for medical expenses and partial lost wages — regardless of fault. To access those benefits, an NF-2 no-fault application must be filed within 30 days of the crash. To sue the at-fault driver beyond no-fault, your injuries must meet the serious injury threshold under Insurance Law §5102(d) — including a fracture, permanent limitation, significant disfigurement, or 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. For the full legal roadmap of what to do after a car accident in New York, see Brett’s Post Car Accident Guide.

Step 1: Ensure Safety First

Check for Injuries

• Assess yourself and all passengers for pain, numbness, confusion, or difficulty breathing — the first signs of traumatic brain injury, spinal cord damage, or internal injury may be subtle immediately after a crash.
• Call 911 if anyone is hurt, even if the pain seems minor. Many serious injuries — including TBI and herniated discs — are painless at first and worsen over hours or days.
• Do not attempt to move a person who may have a spinal or neck injury unless they face immediate danger from fire or traffic.

Move to Safety

• If vehicles are driveable and it is safe to do so, move them out of active travel lanes to the shoulder or a nearby parking area to prevent secondary crashes.
• Turn on hazard lights immediately to warn approaching traffic.
• Place warning triangles or flares if available, especially on highways or at night.
• Under New York Vehicle and Traffic Law §600, you must not leave the scene of an accident involving injury, death, or property damage before exchanging information — doing so is a crime.

Call Law Enforcement

• Always call police — even in minor crashes. A police accident report is official documentation of the event, the involved parties, and the officer’s initial observations, all of which are critical evidence in any insurance claim or lawsuit filed after a car accident.
• Request a formal accident report number at the scene. In New York City, police accident reports are filed by the NYPD using Form MV-104A.
• Be cooperative and truthful with officers, but do not volunteer statements about fault, prior health conditions, or how you feel. Even a casual “I’m fine” at the scene can be used by an insurer to dispute your injury claim later.

Step 2: Exchange Information

Gather Driver Details

Under New York VTL §600, every driver involved in a collision is required to exchange certain information at the scene. Collect the following from every driver involved:

• Full legal name and home address
• Phone number
• Driver’s license number and state of issue
• License plate number
• Vehicle make, model, year, and color
• Insurance company name and policy number

If the other driver is uncooperative or flees the scene, note their plate number immediately — this is essential for pursuing your claim through your own uninsured motorist (UM) coverage or New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC).

Get Witness Information

• Bystanders, pedestrians, and nearby drivers who witnessed the crash are among the most valuable evidence you can gather after a car accident. Witnesses become harder to locate with every passing hour.
• Ask for each witness’s full name, phone number, and email address. Do not rely on the police to collect this — gather it yourself immediately.
• Witnesses can confirm the sequence of events, identify the at-fault driver’s violation, and contradict false statements made by the other party to their insurer.

Step 3: Document the Scene Thoroughly

Take Photographs Immediately

Your smartphone is your most important evidence-gathering tool in the minutes after a car accident. Photograph everything before anything is moved, cleaned up, or repaired:

• Both vehicles from all four angles — bumper damage, side panels, windshields, and undercarriage if visible
• Close-up shots of all impact points, broken glass, deployed airbags, and crushed metal
• Final resting positions of both vehicles relative to lane markings, curbs, and traffic signals
• Skid marks, tire tracks, and debris fields on the road surface
• Traffic signs, signals, stop signs, crosswalk markings, and any obscured or missing signage
• Weather conditions, road surface (wet, icy, potholed), and lighting
• Visible injuries on your body — bruising, cuts, swelling — before they are treated or bandaged

Traffic and intersection camera footage is typically overwritten within 24 to 72 hours. The photos you take after a car accident may be the only visual record of the scene that survives.

Make a Scene Diagram

• Draw a simple diagram on paper or in a notes app showing the positions of both vehicles before and after impact, the direction each was traveling, and the point of contact. Include street names, lane directions, and the location of any traffic controls.
• This diagram, combined with your photographs, creates a contemporaneous record of the scene that is far more reliable than memory recalled days or weeks later.

Step 4: Seek Medical Evaluation the Same Day

Why Immediate Medical Care Is Non-Negotiable After a Car Accident

The single most important thing you can do after a car accident is seek medical evaluation the same day — even if you feel fine. This is not just about your health. Same-day emergency records create a direct causal link between the crash and your injuries. A delay of even 24 to 48 hours gives insurance companies grounds to argue your injuries were not caused by the crash — and that argument has eliminated recovery for thousands of injured New Yorkers.

• Traumatic brain injuries — including concussions and subdural hemorrhages — are often painless immediately after impact and worsen over hours
• Spinal cord and disc injuries — including herniated discs — commonly produce delayed onset pain in the neck, back, and extremities
• Internal organ injuries from seatbelt compression or blunt impact may not produce symptoms for 12 to 24 hours
• Soft tissue injuries — whiplash, tendon damage, muscle tears — may not stiffen until the following morning

Go to a hospital emergency room, urgent care, or your physician the same day as the crash. If symptoms appear the day after, seek care that day — it is still valid evidence. Never skip or delay medical care to avoid inconvenience. Gaps in treatment are the most common tool insurers use to deny claims after a car accident in New York.

Follow-Up Care

• Keep every scheduled medical appointment — missed appointments are documented in your records and used by insurers to argue your injuries were not serious
• Follow all treatment plans, complete all prescribed physical therapy, and take all prescribed medications
• Start a daily pain journal documenting your symptoms, physical limitations, and how your injuries affect your work and daily activities — this journal becomes evidence of pain and suffering in your claim
• Save every medical bill, prescription receipt, imaging order, and specialist referral generated after the crash

Step 5: Report the Accident — Know Your New York Deadlines

Several reporting requirements trigger immediately after a car accident in New York, each with its own hard deadline:

Step 6: Notify Your Insurance Company

Report Promptly and Accurately

• Contact your own insurance carrier as soon as possible after a car accident — most policies require prompt reporting as a condition of coverage. Delays can be used as grounds to deny benefits.
• Give your insurer a clear, factual account of what happened — the time, location, and sequence of events. Stick to what you know directly. Do not speculate about fault or the other driver’s actions.
• Report the crash to your insurer even if you were not at fault. Your PIP no-fault benefits come from your own insurer regardless of who caused the crash.

Understand New York’s No-Fault System

New York is a no-fault insurance state under Insurance Law §5103. Every registered vehicle (except motorcycles and certain commercial vehicles) must carry at least $50,000 in Personal Injury Protection (PIP) coverage per person. After a car accident, your own PIP covers:

• All reasonable and necessary medical expenses, up to the $50,000 limit
• Up to 80% of lost wages, capped at $2,000 per month, for up to three years from the date of the crash
• Reasonable transportation costs to and from medical appointments
• Up to $25 per day for household services you cannot perform due to injury

PIP does not cover vehicle damage, pain and suffering, or losses beyond the $50,000 limit. To recover those losses, your injuries must meet the serious injury threshold and you must file a third-party lawsuit against the at-fault driver. For guidance on your full insurance rights, see the New York DFS No-Fault Insurance FAQ.

Do Not Give a Recorded Statement to the Other Driver’s Insurer

You are not required to speak with the at-fault driver’s insurance company. Adjusters are trained to use your own words against you — to find inconsistencies, establish pre-existing conditions, and minimize the severity of your injuries. Do not give a recorded statement to any insurer other than your own before consulting with Brett Nomberg. This is one of the most important steps you can take to protect your case after a car accident.

Step 7: Keep Detailed Records of Everything

Build Your Evidence File

The strength of your claim after a car accident depends entirely on documentation. From the day of the crash forward, collect and preserve every piece of paper and every digital record related to the accident:

• Police accident report and MV-104 form
• Emergency room and urgent care records
• All follow-up medical records, specialist notes, and physical therapy records
• All prescriptions and pharmacy receipts
• Vehicle repair estimates and invoices
• All insurance correspondence — emails, letters, claim numbers, adjuster contact information
• Pay stubs and employer verification of missed work days (for lost wage claims)
• Photographs taken at the scene
• Your daily pain and limitation journal

Track Every Date, Call, and Submission

• Log the date and time of every phone call with insurers, adjusters, and medical providers, and note what was said
• Track every appointment, procedure, and treatment date in a single organized document
• Record all out-of-pocket expenses — parking, transportation, over-the-counter medications, home care supplies — that resulted from the crash
• Keep all receipts, because every documented expense is a recoverable item in your claim

Step 8: Consult With Brett Nomberg Before Accepting Any Settlement

Why Legal Guidance Is Essential After a Car Accident

Insurance companies operate on one objective: pay as little as possible on every claim. The first offer you receive after a car accident is almost never the full value of your case. Once you sign a settlement release, you permanently give up your right to pursue additional compensation — even if your injuries worsen, require surgery, or prevent you from returning to work. An experienced New York car accident lawyer evaluates the full value of your case — current and future medical costs, total lost wages, pain and suffering, and loss of quality of life — before any offer is accepted.

Brett Nomberg has recovered major verdicts in New York car accident cases: $4.5 million for a brain injury, $3.9 million in a case where evidence was concealed, $1.7 million in a case involving a hidden surveillance tape, and $1.4 million for a Queens slip and fall on ice. Visit his verdicts and settlements page to see the full record. There is no fee unless Brett wins.

What Compensation May Be Available After a Car Accident

Beyond no-fault PIP benefits, injured victims who meet the serious injury threshold under Insurance Law §5102(d) may recover:

• Medical expenses — past and future, including surgery, hospitalization, rehabilitation, and ongoing specialist care
• Lost wages and lost earning capacity — full wages, not just the 80% PIP cap, plus future earnings if your injuries prevent you from returning to your prior occupation
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life
• Property damage — vehicle repair or replacement costs not covered by PIP
• Wrongful death damages — if a family member was killed; see wrongful death page

Know Your Rights and Deadlines

Frequently Asked Questions About What to Do After a Car Accident in New York

Q1: Should I admit fault after a car accident?
No — never. Even a casual apology at the scene can be recorded and used by an insurer to argue you accepted responsibility for the crash. Stick to exchanging information and giving factual answers to police. All fault determinations should be left to the official accident report and the legal process.

Q2: After a car accident, what if my car is damaged but I was not injured?
You should still call police, document the scene, exchange information, and file the MV-104 form with the DMV if required. Vehicle damage claims go through property damage coverage, not PIP. If you feel any pain in the following 24 to 48 hours, seek immediate medical care and contact Brett Nomberg — delayed symptoms are common after a car accident.

Q3: What if I didn’t call police at the scene? Can I still file a claim?
Yes. You can still file a no-fault claim and pursue a personal injury lawsuit. However, file the MV-104 with the DMV within 10 days if the crash involved injury or damage over $1,000. The absence of a police report weakens your claim, which is why you should contact Brett Nomberg immediately to begin preserving other evidence.

Q4: The other driver’s insurance company called me. What should I do?
Do not give a recorded statement, agree to a settlement, or sign anything without speaking to Brett Nomberg first. You have no obligation to cooperate with the at-fault driver’s insurer. What you say in that call will be used to reduce or deny your claim.

Q5: What is New York’s no-fault insurance?
New York’s no-fault system means your own insurer pays for medical expenses and partial lost wages regardless of who caused the crash. Minimum PIP coverage is $50,000 per person. You must file the NF-2 application within 30 days. No-fault does not cover pain and suffering — to recover those damages, your injury must meet the serious injury threshold. For more, see the NY DFS No-Fault FAQ.

Q6: Can I still file a claim if I was partly at fault for the accident?
Yes. New York follows a pure comparative negligence rule under CPLR §1411. Even if you were 50% at fault, you can still recover 50% of your damages from the other party. Your percentage of fault reduces your recovery — it does not eliminate it.

Q7: How long do I have to file a personal injury lawsuit after a car accident in New York?
Three years from the date of the crash under CPLR §214 for private parties. If a government vehicle or road defect was involved, a Notice of Claim must be filed within 90 days under GML §50-e — missing this deadline permanently bars your claim against that public entity.

Q8: What is the most important thing to do immediately after a car accident in New York?
Call 911, seek same-day medical evaluation even if you feel fine, photograph everything at the scene, and contact Brett Nomberg before giving any statement or accepting any offer from an insurance company. These four actions protect your health, your evidence, and your legal rights.

Helpful Resources

• New York DMV — Accident Reporting: Official MV-104 form, reporting procedures, and license implications — dmv.ny.gov
• NY Department of Financial Services — No-Fault Insurance: Your rights under PIP, no-fault FAQs, and insurer compliance — dfs.ny.gov
• NY Senate — Insurance Law §5102(d): Full text of the serious injury threshold — nysenate.gov
• Brett Nomberg — Post Car Accident Guide: Detailed breakdown of every legal step to take after a crash — Post Car Accident Guide
• Brett Nomberg — Types of Car Accidents: How crash type affects your evidence strategy and liable parties — Types of Car Accidents

Knowing what to do after a car accident in New York is not just about following a checklist — it is about protecting your health, your finances, and every legal right you are entitled to under New York law. An experienced personal injury attorney who personally manages your case — available 24/7, handling everything from evidence preservation to trial — makes the difference between a denied claim and full compensation. Call Brett Nomberg at (212) 808-8092 any time, or reach us through our online contact page. There is no fee unless we win.