A car accident can create several legal and insurance obligations at the same time. The decisions made during the first few days may affect access to medical benefits, the availability of evidence, and the ability to pursue a claim against the responsible party. The following steps provide a practical starting point for people injured in a New York motor-vehicle accident.
1. Protect Everyone at the Scene
Move out of active traffic when it is safe to do so, call 911 when anyone may be injured, and request police and emergency medical assistance. Do not move a person who may have a neck, back, or head injury unless remaining in place presents an immediate danger. A police response also creates an independent record identifying the vehicles, drivers, location, and reported circumstances.
2. Exchange Information and Identify Every Involved Party
Obtain the other driver’s name, address, telephone number, driver’s-license information, license-plate number, vehicle owner, and insurance information. When a commercial vehicle, rideshare vehicle, delivery vehicle, bus, or government vehicle is involved, photograph the company name, vehicle number, permit information, and any identifying markings. The driver and the vehicle owner may be different people or entities, and additional parties may ultimately be responsible.
3. Preserve Photographs, Video, and Witness Information
Photograph the vehicle positions, impact points, debris, skid marks, traffic controls, road conditions, visible injuries, and nearby businesses or buildings that may have surveillance cameras. Obtain names and contact information for witnesses rather than assuming the police report will include everyone. Dash-camera footage, business surveillance, and municipal camera footage can be overwritten quickly, so preservation requests should be considered promptly.
4. Obtain Appropriate Medical Evaluation
Some accident injuries are immediately apparent; others become more noticeable after the initial shock subsides. Describe every affected body part accurately to the treating provider, follow reasonable medical instructions, and keep copies of discharge papers, referrals, diagnostic reports, and work restrictions. Medical treatment should be guided by health needs, not by an insurance claim, but delayed or inconsistent documentation can make it harder to establish when an injury began and whether it was caused by the crash.
5. Give Timely Notice to the No-Fault Insurer
New York no-fault insurance generally pays qualifying economic losses without regard to who caused the accident. Under the no-fault regulation, 11 NYCRR 65-1.1 (commonly called Regulation 68), written notice of a no-fault claim generally must be submitted within 30 days after the accident, unless a clear and reasonable justification supports a late filing. Medical bills are generally subject to a 45-day submission period, and lost-earnings and certain other expense claims are generally subject to a 90-day period. The New York Department of Financial Services publishes the same timeframes in plain language for consumers.
Do not assume that notifying the liability carrier, speaking with an insurance adjuster, or obtaining a police report automatically opens the correct no-fault claim. Confirm which insurer is responsible and that the required application and supporting documents have actually been submitted.
6. Determine Whether an MV-104 Report Is Required
Under Vehicle and Traffic Law § 605, a driver must file an MV-104 report with the Department of Motor Vehicles within 10 days when a New York crash involves a death, a personal injury, or property damage of more than $1,000 to any one person. Reporting the collision to an insurer does not replace this DMV obligation.
Where the driver is physically incapable of completing the report, the statute identifies circumstances in which a passenger, occupant, or vehicle owner may do so.
7. Keep a Record of Financial and Practical Losses
Save medical invoices, prescription receipts, transportation expenses, repair estimates, towing records, rental-car documents, wage statements, tax records, disability notes, and correspondence from insurers. A personal-injury claim may involve both economic losses and non-economic harm, but each category requires support. A simple contemporaneous record of missed work, treatment dates, and functional limitations can help organize the claim without exaggeration.
8. Use Care When Communicating With Insurance Companies
An adjuster may request a recorded statement, broad medical authorizations, photographs, or an early release. Provide truthful information, but understand which insurer is asking, what information is legally required, and how the request may be used. Do not sign a settlement release without understanding whether it resolves bodily-injury claims, property-damage claims, no-fault benefits, or all claims arising from the accident.
9. Avoid Social-Media Posts About the Accident or Recovery
Public posts, private messages obtained through discovery, photographs, location data, and activity videos may be examined in litigation. Even an innocent post can be presented without context. It is generally prudent not to discuss fault, medical condition, settlement expectations, or physical activities online while a claim is being evaluated.
10. Review Legal Deadlines Before Evidence Disappears
New York’s general limitations period for a personal-injury action is three years under CPLR § 214(5), but that is not a safe waiting period. A notice of claim may be required within 90 days when a qualifying municipality or public corporation is involved, claims against the State of New York follow the Court of Claims Act, and other defendants may be governed by different statutes. Insurance deadlines can expire much earlier than the lawsuit deadline. Early review also permits timely efforts to obtain video, inspect vehicles, identify witnesses, and determine available coverage.
Frequently Asked Questions
Should I speak with the other driver’s insurance company?
The answer depends on the purpose of the communication and the information requested. A person should not provide false or misleading information, but there is a difference between reporting basic facts and giving a detailed recorded statement about fault, injuries, prior medical history, or future treatment. Legal advice should be obtained before signing broad authorizations or a final release.
What if the police report says I caused the accident?
A police report can be important, but it does not automatically decide civil liability. Photographs, vehicle damage, witness testimony, video, roadway evidence, event-data records, and applicable traffic rules may support a different or more complete analysis.
What if I was partly at fault?
In an action commenced on or after May 26, 2026 that is subject to Insurance Law Article 51, CPLR § 1411(b) bars recovery — not merely damages for pain and suffering — when the claimant’s culpable conduct is greater than that of the defendant or the combined culpable conduct of the defendants. Below that line, damages are reduced in proportion to the claimant’s share. Outside Article 51, New York’s pure comparative fault rule still applies. Fault should be evaluated from the available evidence rather than assumed from an apology, a citation, or an insurance adjuster’s allocation.
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This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Deadlines and legal rights depend on the parties, location, policy language, accident date, filing date, and other facts. Results cannot be guaranteed.
OFFICIAL AUTHORITIES REVIEWED
- New York Vehicle and Traffic Law § 605 — Accident reports
- 11 NYCRR 65-1.1 (Regulation 68) — no-fault notice, 30/45/90-day periods (NYCRR index)
- New York CPLR § 214 — Three-year limitations period
- New York CPLR § 1411 — Comparative fault, including new subsection (b)
- New York General Municipal Law § 50-e — Notice of claim
- NYS DFS — Filing Claims Under Your Own Policy
- NYS DFS — No-Fault FAQs
- NYS DMV — If You Are in a Traffic Crash