What to Do After a Car Accident in New York — No-Fault Insurance, Claims, and Your Legal Rights

The moments immediately following a car accident are critical. Your first priority should always be safety. If you are able to move, check yourself and your passengers for injuries. If anyone is injured, call 911 immediately. Even if the accident appears minor, it is generally advisable to contact the police so that an official accident report is generated.

If it is safe to do so, move your vehicle to the shoulder or a nearby parking area to avoid obstructing traffic and prevent further collisions. Turn on your hazard lights and, if available, set up warning triangles or flares.

Thorough documentation at the accident scene can be invaluable if you later need to pursue a legal claim. Use your smartphone to take photographs of all vehicles involved from multiple angles, capturing the damage to each vehicle, the positions of the vehicles, traffic signs and signals, skid marks, road conditions, and any visible injuries.

Exchange information with the other driver(s), including full names, contact information, insurance company and policy numbers, driver's license numbers, and license plate numbers. If there are witnesses, ask for their names and contact information as well. Make a note of the time, date, location, and weather conditions.

Even if you feel fine immediately after the accident, it is essential to seek medical evaluation as soon as possible. Some injuries, including concussions, whiplash, soft tissue injuries, and internal bleeding, may not present symptoms immediately but can become serious if left untreated.

Visit an emergency room, urgent care facility, or your primary care physician within 24 to 48 hours of the accident. Be sure to describe all symptoms, even minor ones, and mention that they resulted from a motor vehicle accident. Medical records created promptly after the accident serve as important evidence linking your injuries to the incident.

New York is a no-fault insurance state, which means that after a car accident, your own insurance company pays for your medical expenses and lost earnings up to the limits of your Personal Injury Protection (PIP) coverage, regardless of who caused the accident. The minimum PIP coverage in New York is $50,000.

However, the no-fault system does not prevent you from pursuing a claim against the at-fault driver if your injuries meet New York's "serious injury" threshold. Under Insurance Law Section 5102(d), a serious injury includes significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents the injured person from performing substantially all of their daily activities for at least 90 days during the 180 days following the accident.

In New York, the statute of limitations for personal injury claims arising from a car accident is generally three years from the date of the accident. However, if your claim is against a government entity (for example, a city bus or a pothole), you may need to file a notice of claim within 90 days.

Be cautious when speaking with insurance adjusters. You are not obligated to provide a recorded statement, and anything you say can be used to minimize your claim. It is generally advisable to consult with a personal injury attorney before providing detailed statements or accepting any settlement offers.

An experienced attorney can help you understand your rights, navigate the insurance process, and pursue fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.