Steps You Should Always Take Immediately After a Car Accident

The moments after a car accident can feel overwhelming. Your heart is racing, your hands may be shaking, and you're trying to figure out what just happened. Whether it's a minor fender-bender in a parking lot or a serious collision on the highway, what you do in those first minutes and hours matters tremendously for your health, your legal rights, and your ability to get compensated for your losses.

Many people make critical mistakes right after an accident because they don't know what they're supposed to do. They forget to gather important information, miss crucial filing deadlines, or say things that later hurt their case. Understanding the specific steps you need to take, especially under New York's unique no-fault insurance system, can make the difference between a smooth claims process and a denied claim.

What Should You Do Right After the Crash Happens

The very first thing you need to do is check yourself for injuries. This might seem obvious, but adrenaline is a powerful thing. It can mask pain and make you feel fine even when you're not. Take a moment to assess how you feel. Move carefully and pay attention to any discomfort, even if it seems minor.

Next, check on your passengers and anyone else involved in the accident. If anyone appears injured, is complaining of pain, or seems disoriented, you need to call 911 immediately. Don't try to move someone who might have a neck or back injury unless there's an immediate danger like fire.

Even if everyone seems okay, certain situations require you to call the police in New York. You must call 911 if anyone is injured, if the vehicles can't be moved safely out of traffic, if you suspect a driver is intoxicated, or if the damage appears to exceed $1,000. That last threshold is lower than you might think. Even what looks like a minor collision can easily cause more than $1,000 in damage once you factor in modern vehicle repair costs.

If your vehicles are blocking traffic and can be safely moved, pull them to the shoulder or a nearby parking lot. Turn on your hazard lights. If you have flares or warning triangles, set them up to alert other drivers. Your safety and the safety of others on the road come first.

How Should You Document the Accident Scene?

Once everyone is safe and help is on the way if needed, start documenting everything. Your smartphone is your best tool here. Take photographs of everything you can think of. Get multiple angles of the damage to all vehicles involved. Photograph the entire scene, including the position of the vehicles, any skid marks on the road, traffic signs, road conditions, and weather conditions.

If you or anyone else has visible injuries, photograph those too. Take pictures of license plates and, if possible, the vehicle identification numbers visible through the windshield. These photos create a record that can't be disputed later. Memories fade and details get fuzzy, but photographs don't change.

Exchange information with all other drivers involved. You need their full names, phone numbers, addresses, driver's license numbers, insurance company names, and policy numbers. In New York, drivers are required to carry their insurance ID cards in their vehicles, so ask to see these cards and write down or photograph the information. Also get the license plate numbers and make, model, and color of all vehicles involved.

If there were witnesses to the accident, get their names and phone numbers too. Witness statements can be incredibly valuable, especially if there's a dispute about how the accident happened or who was at fault.

Do not discuss who was at fault with the other driver. Do not apologize, even if you think the accident was your fault. Do not accept any offers of cash to avoid reporting the accident. These seemingly innocent actions can seriously damage your legal rights later. Anything you say can be used against you in insurance claims or lawsuits. Stick to exchanging information and being polite, but don't admit fault or make statements about what happened.

What Are New York's Accident Reporting Requirements

New York has specific legal requirements for reporting accidents, and failing to follow them can result in serious consequences including fines and license suspension. Understanding these requirements is essential because they're separate from simply calling the police or notifying your insurance company.

If your accident involves any injury, any death, or property damage that appears to exceed $1,000, you must file a Report of Motor Vehicle Accident form, known as the MV-104, with the New York Department of Motor Vehicles. You have exactly 10 days from the date of the accident to file this report. This isn't a suggestion or a best practice. It's a legal requirement, and failing to file is a misdemeanor.

The $1,000 threshold catches many people off guard. Even a seemingly minor accident can easily exceed this amount once you factor in the cost of repairing modern vehicles with their sensors, cameras, and computer systems. When in doubt, file the report. It's much better to file when you didn't technically need to than to fail to file when you should have.

You can download the MV-104 form directly from the New York DMV website. Fill it out completely and accurately, including information about all drivers, vehicles, and passengers involved, as well as the details of how the accident occurred. Keep a copy for your records before submitting it to the DMV.

This DMV report is completely separate from any police report. Even if the police came to the scene and filed their own report, you still need to file the MV-104 with the DMV. Similarly, reporting the accident to your insurance company doesn't satisfy the DMV reporting requirement. These are three different things, and you need to do all of them.

When Should You Contact Your Insurance Company

You should notify your insurance company about the accident as soon as possible, ideally within 24 to 48 hours. This is true regardless of who was at fault. Many people mistakenly think they don't need to report an accident to their own insurer if the other driver was clearly at fault, but that's not how it works in New York.

New York is a no-fault insurance state, which means your own insurance company pays for your initial medical expenses and certain other losses up to $50,000, regardless of who caused the accident. This system is designed to get you the care you need quickly without having to wait for fault to be determined or for another driver's insurance company to process your claim.

When you call your insurance company, stick to the basic facts. Describe what happened without speculating about fault or making statements about your injuries beyond what you know at that moment. Remember that the insurance company, even your own, is a business looking to minimize payouts. Be honest and accurate, but don't volunteer information beyond what's asked or make statements that could be misinterpreted later.

Your insurance company will assign a claim number and a claims adjuster to your case. Write down this information and keep it somewhere safe. You'll need it for all future communications about the accident.

What Is the 30-Day No-Fault Deadline and Why Does It Matter

Here's one of the most important deadlines you need to know about, and missing it can cost you thousands of dollars in benefits. In New York, you must submit an Application for Motor Vehicle No-Fault Benefits, known as the NF-2 form, to your insurance company within 30 calendar days of the accident.

This deadline is strict. There are very few exceptions, and "I didn't know" isn't one of them. If you miss this 30-day window, you can lose your right to no-fault benefits entirely, which means you'd be responsible for paying your own medical bills and wouldn't receive compensation for lost wages.

The no-fault system provides several types of benefits. It covers your medical expenses related to the accident. It pays 80% of your lost wages if you can't work because of your injuries, up to $2,000 per month for up to three years. It also covers other reasonable expenses like transportation to medical appointments and help with household tasks if your injuries prevent you from doing them yourself.

To make sure you meet this critical deadline, send your NF-2 form via certified mail with return receipt requested. This gives you proof of when you submitted it. Keep copies of everything you send to your insurance company.

How Do You Get Your Medical Bills Covered

As soon as you seek medical treatment after an accident, tell every doctor, hospital, physical therapist, or other medical provider that your treatment is related to a motor vehicle accident. This is crucial. Give them your auto insurance information, not your health insurance information.

Under New York's no-fault system, your medical providers must bill your auto insurance company directly, and they must do so within 45 days of providing the service. If they miss this deadline, your insurance company can deny payment. By informing your providers upfront that this is a motor vehicle accident claim and giving them the correct insurance information, you help ensure they bill the right company within the required timeframe.

Keep detailed records of all your medical treatment. Save copies of all medical records, doctor's notes, prescriptions, imaging results like X-rays or MRIs, and bills. Document how your injuries affect your daily life. Can you not pick up your children? Are you unable to do your job? Does pain keep you awake at night? These details matter if you later need to prove the extent of your injuries.

If you're unable to work because of your injuries, you'll need to submit additional forms to get your lost wage benefits. The NF-6 form is for employees, and the NF-7 form is for self-employed individuals, both can be downloaded here. These must be submitted within 90 days of your first day of lost wages. If you continue to miss work, you need to provide updated documentation every 30 days to keep receiving benefits.

Why Should You See a Doctor Even If You Feel Fine

Many people walk away from accidents feeling okay and decide to skip the doctor. This is one of the biggest mistakes you can make. Some injuries, particularly soft tissue injuries like whiplash, don't show symptoms immediately. The adrenaline and stress of the accident can mask pain. It's common for symptoms to appear 24 to 72 hours after the crash, or sometimes even longer.

If you wait days or weeks to see a doctor, insurance companies will argue that your injuries weren't caused by the accident. They'll suggest that something else must have happened in the time between the crash and your first doctor's visit. This makes it much harder to get your medical bills covered and can seriously damage any potential lawsuit.

Get checked out by a doctor as soon as possible after the accident, even if you feel fine. Explain all your symptoms, even minor ones. Be honest about your pain levels and how you're feeling. This creates a medical record that connects your injuries directly to the accident.

Once you start treatment, follow your doctor's recommendations completely. Go to all your appointments. Do your physical therapy. Take your medications as prescribed. If you skip appointments or ignore your doctor's advice, insurance companies will argue that your injuries must not be that serious. Gaps in treatment give them ammunition to deny or reduce your claim.

What Does Serious Injury Mean Under New York Law

The no-fault system covers your medical bills and lost wages, but it doesn't compensate you for pain and suffering. For most minor accidents, the no-fault benefits are all you can recover. However, if you suffered what New York law defines as a "serious injury," you can step outside the no-fault system and sue the at-fault driver for additional damages including pain and suffering.

New York Insurance Law Section 5102(d) defines serious injury very specifically. It includes:

• Death;
• Dismemberment;
• Significant disfigurement; 
• A fracture; 
• Loss of a fetus;
• Permanent loss of use of a body organ, member, function or system;
• Permanent consequential limitation of use of a body organ or member;
• Significant limitation of use of a body function or system; or 
• An injury/impairment that hinders a person from usual daily activities for at least 90 days (within the first 180 days following the accident).

That last category, often called the 90/180 rule, is particularly important. If your injuries are severe enough that you can't do most of your normal activities for at least 90 out of the first 180 days after the accident, you may meet the serious injury threshold even without a fracture or permanent injury.

Whether your injury qualifies as serious under this legal definition often requires medical evidence and sometimes expert testimony. This is one reason why thorough medical documentation is so critical. Your medical records need to clearly show the nature and extent of your injuries and how they've impacted your life.

If you do have a serious injury and want to sue the at-fault driver, you generally have three years from the date of the accident to file a lawsuit. This is called the statute of limitations. If you miss this deadline, you lose your right to sue forever, no matter how serious your injuries or how clear the other driver's fault.

What Role Does the Police Report Play?

If police responded to your accident scene, they'll create an official police report documenting what they observed. This report typically includes the date, time, and location of the accident, the drivers and vehicles involved, statements from drivers and witnesses, the officer's observations about road and weather conditions, any traffic violations or citations issued, and often a diagram showing how the accident occurred.

The police report can be valuable evidence because it provides an objective third-party account of the accident. If the officer determined that one driver violated a traffic law or cited someone for a violation, that can be strong evidence of fault.

However, the police report isn't the final word on who was at fault, and it doesn't replace your other reporting requirements. You still need to file the MV-104 with the DMV and the NF-2 with your insurance company even if the police came to the scene. The police report goes to law enforcement records, the MV-104 goes to the DMV, and the NF-2 goes to your insurance company. These are three separate things serving different purposes.

You can usually obtain a copy of the police report from the law enforcement agency that responded to the scene. There may be a small fee. Get a copy for your records and provide one to your insurance company and your attorney if you hire one.

Can You Sue After a Car Accident in New York?

Because New York is a no-fault state, you cannot sue the other driver in most cases. The no-fault system is designed to provide quick payment of medical bills and lost wages through your own insurance company without having to prove fault or go to court. In exchange for this streamlined process, you give up the right to sue for most accidents.

However, if your injuries meet the serious injury threshold defined in New York Insurance Law Section 5102(d), you can step outside the no-fault system and file a lawsuit against the at-fault driver. In these cases, you can seek compensation not just for medical bills and lost wages, but also for pain and suffering, emotional distress, loss of enjoyment of life, and other damages that aren't covered by no-fault benefits.

You can also sue if your economic losses exceed the no-fault coverage limits. Since no-fault benefits are capped at $50,000, serious accidents with extensive medical treatment and long-term disability can exceed this amount. In those situations, you may be able to pursue additional compensation from the at-fault driver.

The decision about whether to pursue a lawsuit requires careful consideration of your injuries, your damages, the strength of the evidence about fault, and the time and expense involved in litigation. This is where having an experienced attorney becomes valuable. An attorney can evaluate whether your case meets the legal requirements for a lawsuit and whether pursuing one makes sense given your specific circumstances.

What Mistakes Should You Avoid After an Accident

Beyond the specific steps you need to take, there are several common mistakes that can hurt your case. Knowing what not to do is just as important as knowing what you should do.

Don't post about the accident on social media. Insurance companies and defense attorneys regularly search social media for evidence to use against injury claimants. A photo of you smiling at a family gathering can be used to argue that you're not really in pain, even if you were having a rare good day or putting on a brave face for your family. The safest approach is to stay off social media entirely until your case is resolved, or at least don't post anything about the accident, your injuries, or your activities.

Don't give recorded statements to the other driver's insurance company without talking to an attorney first. You're required to cooperate with your own insurance company, but you have no obligation to talk to the other driver's insurer. They're looking for ways to minimize or deny your claim. Anything you say can be taken out of context or used against you later.

Don't accept a quick settlement offer without understanding the full extent of your injuries. Insurance companies often make low settlement offers soon after an accident, hoping you'll accept before you realize how serious your injuries are or how much your medical treatment will cost. Once you accept a settlement and sign a release, you typically can't come back later for more money, even if your injuries turn out to be worse than you thought.

Don't delay in taking action. Evidence disappears quickly. Witnesses forget details or move away. Security camera footage gets recorded over. Your own memory of the accident fades. The sooner you document everything and start the claims process, the stronger your case will be.

When Should You Talk to an Attorney

Not every car accident requires an attorney. If you had a truly minor accident with no injuries and minimal property damage, you can probably handle the insurance claim yourself. However, many situations benefit from legal representation.

You should seriously consider talking to an attorney if:

• You suffered significant injuries
• There's any dispute about who was at fault
• The insurance company denies your claim or offers a settlement that seems too low
• Your injuries meet the serious injury threshold and you're considering a lawsuit
• The accident involved a commercial vehicle or government entity
• You're having trouble navigating the no-fault system and getting your benefits

Most personal injury attorneys work on a contingency fee basis, which means they don't get paid unless you recover compensation. The initial consultation is typically free. This means you can talk to an attorney about your case without any financial risk to learn whether you have a strong case and what your options are.

An experienced attorney understands the complexities of New York's no-fault system, knows how to deal with insurance companies, can gather and preserve evidence, can work with medical experts to document your injuries, and can negotiate for fair compensation or take your case to trial if necessary.

The insurance company will have experienced lawyers and adjusters working to minimize what they pay you. Having your own attorney levels the playing field and ensures someone is fighting for your interests.

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Summing It Up

The steps you take immediately after a car accident can significantly impact your health, your legal rights, and your financial recovery. Check for injuries first, call 911 if anyone is hurt or if damage exceeds $1,000, document everything with photos and information exchanges, and avoid admitting fault or discussing the accident beyond basic facts.

Remember New York's critical deadlines. File the MV-104 with the DMV within 10 days. Notify your insurance company within 24 to 48 hours. Submit your NF-2 application for no-fault benefits within 30 days. These aren't suggestions. Missing these deadlines can result in denied claims, fines, license suspension, or loss of benefits.

Seek medical attention immediately, even if you feel fine, and follow all treatment recommendations consistently. Tell every medical provider that your treatment is related to a motor vehicle accident and give them your auto insurance information. Keep detailed records of everything related to your injuries and how they affect your daily life.

Understand that New York's no-fault system means your own insurance company pays your initial benefits regardless of fault, but it also limits your ability to sue unless you suffered a serious injury as defined by law. If your injuries are significant, if there are disputes about your claim, or if you're considering a lawsuit, talk to an experienced attorney who can protect your rights and help you navigate the complex legal system.

The period immediately after an accident is stressful and confusing, but taking these steps systematically will protect your health, preserve your legal rights, and give you the best chance of fair compensation for your losses. Reach out to the Porter Law Group for a free consultation, and know more about how you can recover the best compensation possible. Call 833-PORTER9 or email info@porterlawteam.com to get started.