A car accident can happen without warning and leave you unsure about what to do next. In the minutes and days after a crash, the steps you take can affect your health, insurance coverage, and ability to recover compensation for your injuries.
New York also has specific accident-reporting and insurance rules that drivers should understand. If you are involved in a car accident in New York, taking the following steps can help protect your rights.
1. Check for Injuries and Get to a Safe Location
Your immediate priority should be your safety and the safety of others. Check yourself and your passengers for injuries. If anyone needs emergency medical attention, call 911.
If you can safely do so, move away from traffic and other hazards. However, avoid moving a seriously injured person unless leaving them where they are would expose them to an immediate danger, such as a fire. The New York Department of Motor Vehicles (DMV) recommends protecting yourself and others from oncoming traffic while waiting for emergency assistance.
2. Report the Accident
Call the police after an accident involving injuries, significant property damage, or other circumstances that require law enforcement assistance. A responding officer can secure the scene, gather information, and prepare an accident report.
New York also requires drivers to file a Report of Motor Vehicle Crash (MV-104) with the DMV when a crash causes an injury or death or more than $1,000 in property damage to any one person. The report generally must be submitted within 10 days.
Reporting the accident to your insurance company does not satisfy this separate DMV reporting requirement.
3. Exchange Information With the Other Driver
Get important information from every driver involved in the accident. New York requires drivers involved in property-damage-only crashes to exchange driver’s license, insurance, and registration information.
Try to collect:
- The driver’s full name, address, and contact information
- Driver’s license information
- License plate number
- Vehicle make and model
- Insurance carrier, policy number, and other insurance information
- Name of the vehicle’s owner, if different from the driver
Avoid arguing about who caused the accident. Focus on exchanging information and documenting what happened.
4. Document the Accident Scene
Evidence can disappear quickly after a car accident. Vehicles are repaired, debris is cleared, and road conditions can change.
If you can safely do so, take photographs and videos showing:
- Damage to all vehicles
- Vehicle positions
- Skid marks and debris
- Traffic signals and signs
- Road and weather conditions
- Visible injuries
- Nearby businesses or surveillance cameras
You should also ask witnesses for their names and contact information. Independent witnesses may provide valuable information if the drivers later disagree about how the accident happened.
5. Seek Medical Attention
Get medical attention as soon as possible if you are injured. Some injuries may not produce obvious symptoms immediately after a collision. Adrenaline can also make pain or discomfort less noticeable in the moments following a crash.
Tell your healthcare provider that you were involved in a car accident and describe all symptoms you are experiencing. Follow your treatment plan and attend recommended follow-up appointments.
Medical records can document your injuries, treatment, and recovery. They may also become important evidence if you later pursue an injury claim.
6. Notify Your Insurance Company
New York is a no-fault insurance state. Basic Personal Injury Protection (PIP), commonly called no-fault coverage, generally provides up to $50,000 per person for qualifying economic losses, regardless of who caused the accident. Covered losses can include medical expenses, a portion of lost earnings, and certain other reasonable and necessary expenses.
Deadlines can be especially important. The New York Department of Financial Services states that written notice of a no-fault claim generally must be provided to the appropriate insurer within 30 days of the accident, although an exception may apply when there is clear and reasonable justification for a delay.
Keep copies of your insurance correspondence, claim documents, medical bills, and other related records.
7. Be Careful When Speaking With Insurance Adjusters
An insurance adjuster may contact you shortly after the accident. Be cautious about providing detailed recorded statements, signing documents you do not understand, or accepting a quick settlement before you know the full extent of your injuries.
The value of an injury claim may depend on your medical expenses, lost income, future treatment, pain and suffering, and other losses. Accepting a settlement generally ends your ability to seek additional compensation for the same claim, even if your injuries later turn out to be more serious than expected.
8. Keep Records of Your Accident-Related Losses
Create a file for documents connected with the accident. Good recordkeeping can make it easier to show how the crash has affected you financially and personally.
Keep medical bills, prescription receipts, repair estimates, pay records showing missed work, transportation expenses, insurance correspondence, and other relevant documents.
You may also want to keep notes about your symptoms and recovery. Record significant pain, physical limitations, missed activities, and ways your injuries interfere with your normal routine.
Contact a New York Car Accident Lawyer at Carrion Accident & Injury Attorneys, PLLC for a Free Consultation
After a car accident, you may be dealing with medical bills, missed work, vehicle repairs, and questions about your insurance coverage. Understanding your rights under New York law can help you determine what steps to take next.
Carrion Accident & Injury Attorneys, PLLC can help you navigate the claims process and pursue compensation from the responsible parties. Our New York car accident lawyers can investigate the crash, gather evidence, handle communications with insurance companies, and determine what compensation may be available beyond your no-fault benefits.
Contact us today to schedule a free consultation by calling (212) 433-3100 and discuss your personal injury claim and legal options.
