Make Sure Everyone Is Safe and Call 911
Your first priority is safety. If you can do so without risking further harm, move vehicles out of active travel lanes and turn on your hazard lights. Check yourself and others for injuries.
In New York, you are required to report any motor-vehicle crash involving injury, death, or property damage over $1,000 to the police. A police report creates an objective record that can be invaluable later, so call 911 even for seemingly minor collisions.
Document the Scene
If you're physically able, photograph everything: vehicle positions, damage, license plates, road conditions, traffic signs, and your visible injuries. Get the other driver's name, license, registration, and insurance information.
Collect names and phone numbers of any witnesses. Independent witnesses can make the difference in a disputed liability case, and they often disappear once they leave the scene.
Seek Medical Attention Promptly
Adrenaline masks injuries. Whiplash, concussions, and soft-tissue damage often surface hours or days later. See a doctor as soon as possible, both for your health and because gaps in treatment give insurers a reason to dispute your claim.
Prompt care also matters for your no-fault benefits — New York requires you to submit a no-fault application (form NF-2) to your insurer within 30 days of the accident.
Understand New York's No-Fault System
New York is a no-fault insurance state. Under Insurance Law §5102, your own auto policy's personal injury protection (PIP) pays your initial medical bills and a portion of lost wages regardless of who caused the crash, up to a $50,000 basic limit. To sue the at-fault driver for pain and suffering, your injury must meet the statutory 'serious injury' threshold — such as a fracture, significant disfigurement, permanent limitation of a body organ or member, or a medically determined injury that prevents you from performing your usual activities for at least 90 of the 180 days following the accident.
Because no-fault limits when you can pursue a pain-and-suffering claim, the severity and documentation of your injuries are critical. An attorney can evaluate whether your injuries meet the threshold.
Know Your Deadlines
For most New York car accident injury claims, the statute of limitations is three years from the date of the crash. If a government vehicle was involved, you may have just 90 days to file a Notice of Claim. Missing these deadlines can permanently bar your case.
When to Call a Personal Injury Lawyer
If you were seriously injured, if fault is disputed, or if an insurer is pressuring you to settle quickly, talk to a lawyer before signing anything. A free case review costs nothing and helps you understand what your claim may really be worth.
Injured in New York? Injury Claim Team connects you with an experienced New York personal injury attorney at no cost. Call 973-566-5599 or request your free case review — a specialist will reach out within the hour.