What to Do After a Car Accident.

Step 1

Protect the scene and obtain appropriate medical care.

Move out of immediate danger when it can be done safely, call for help, and follow emergency instructions. Seek prompt evaluation for pain, dizziness, confusion, weakness, numbness, bleeding, breathing problems, loss of consciousness, or another concerning symptom.

Tell providers how the collision occurred and report every affected body part accurately. Follow reasonable medical instructions and return for worsening or new symptoms. Treatment decisions should be made with qualified healthcare providers, not for litigation purposes.

Step 2

Report the crash and preserve identifying information.

New York requires motorists to file Form MV-104 with the Department of Motor Vehicles within 10 days when a crash causes a fatality, personal injury, or more than $1,000 in damage to the property of any one person. A police crash report does not necessarily replace the motorist’s MV-104.

Obtain the other drivers’ and vehicle owners’ information, license plates, insurance cards, and responding agency details. Report facts accurately; do not guess about speed, distance, injuries, or events you did not observe.

Step 3

Preserve photographs, witnesses, video, and physical evidence.

Take photographs or video only when safe. Preserve original files and download dash-camera footage before it is overwritten. Nearby businesses, residences, buses, intersections, and vehicles may have additional video, but retention periods can be short.

• Photograph vehicle positions, damage, debris, traffic controls, road conditions, skid marks, lighting, and visible injuries.
• Exchange driver, owner, registration, license, and insurance information without arguing about fault.
• Record witness names and contact information and identify responding officers, agencies, and report numbers.
• Preserve dash-camera, surveillance, doorbell, rideshare, delivery-app, and other available electronic information.
• Keep medical paperwork, prescriptions, mileage, wage records, repair estimates, towing records, and insurance correspondence.
• Write a factual chronology while events are fresh, including symptoms that developed or changed after the collision.

Do not repair, sell, or dispose of a severely damaged vehicle or failed component before important evidence has been documented when crash forces, product failure, or a mechanical defect may be disputed.

Step 4

Identify and notify the correct no-fault insurer.

New York’s Department of Financial Services states that written notice of a no-fault claim should be filed as soon as reasonably practicable and, in general, no later than 30 calendar days after the accident unless clear and reasonable justification supports late filing.

The correct insurer depends on your role and the circumstances. An occupant commonly applies through the insurer for the occupied vehicle; a pedestrian commonly applies through the striking vehicle’s insurer. Other rules may apply to buses, motorcycles, uninsured vehicles, household coverage, or an accident outside New York.

No-fault benefits generally concern medical expenses, lost earnings, and certain other economic losses. They are separate from determining who caused the crash or whether an injured person has a liability claim.

Step 5

Review every potentially available insurance policy.

Relevant coverage may include the at-fault vehicle’s liability policy, no-fault benefits, supplementary uninsured/underinsured motorist coverage, household policies, employer or commercial coverage, rideshare coverage, and policies covering additional vehicles or owners.

A quick liability-policy offer may not account for other coverage, liens, future treatment, or consent requirements. Obtain advice before signing a release, accepting a final settlement, or taking action that could impair a SUM or other claim.

Medical and damages proof

Document the injury’s course without exaggeration.

New York Insurance Law limits recovery for non-economic loss between covered persons to cases involving a statutory “serious injury.” The definition includes specifically listed categories such as fracture, significant disfigurement, and certain permanent or significant limitations, among others.

Keep appointments, explain symptoms accurately, preserve diagnostic studies and referrals, and retain wage and activity records. If treatment stops, document the actual reason. Medical proof and a reliable treatment history often matter more than broad descriptions of pain.

Common mistakes

Avoid unnecessary gaps in the evidence or coverage.

• Do not miss the no-fault or DMV reporting periods while waiting for a police report.
• Do not give a broad recorded statement or sign a release you do not understand.
• Do not post the crash, injuries, activities, or legal strategy on social media.
• Do not alter photographs, delete messages, or discard damaged personal property.
• Do not assume the other driver’s policy is the only potentially available coverage.

Act promptly

Insurance notices and lawsuit deadlines are different.

The MV-104 and no-fault periods are not statutes of limitations for a lawsuit. Separate and sometimes shorter requirements may apply when a municipality, public authority, police vehicle, government employee, or the State is involved. New York General Municipal Law § 50-e generally requires a notice of claim within 90 days for covered claims against a public corporation, subject to the statute and case-specific rules.

Quick reference

New York car-accident checklist.