What to Do After a Car Accident in New York: A Step-by-Step Checklist

The minutes after a crash are confusing and frightening. Your heart is pounding, you may be hurt, and you're not sure what you're supposed to do first. This guide is for anyone who wants to know exactly what to do after a car accident in New York — calmly, in the right order, without missing a step that could matter later.

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Keep this checklist handy. You can follow it at the scene and in the days that follow, whether the crash happened in Valley Stream, on the Long Island Expressway, or on a busy street in Queens or Brooklyn.

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The short version: After a car accident in New York, get to safety and call 911, check for injuries, and report the crash. Exchange information, document the scene, and seek medical care. Then notify your insurer and file your no-fault claim within 30 days to protect your benefits.

First: Get Safe and Check for Injuries

Your safety comes before everything else. If you can, move your vehicle out of traffic to the shoulder or a nearby safe spot. Turn on your hazard lights. If the cars can't be moved or someone is seriously hurt, leave them where they are and get yourself and any passengers to a safe place away from traffic.

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Check yourself and others for injuries. Call 911 right away if anyone is hurt, if the road is blocked, or if there's any dispute about what happened. Adrenaline can mask pain, so don't assume you're fine just because nothing hurts yet.

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Never leave the scene of an accident in New York. Leaving — especially one involving injury or death — is a serious crime. Stay until it's appropriate to go.

Call the Police and Report the Crash

In New York, you should call the police any time there are injuries or meaningful property damage. When officers respond, they'll document the scene and, in many cases, prepare a police report. That report can become important evidence later.

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There's also a separate legal reporting duty many drivers don't know about. If the crash caused a death, injury, or more than $1,000 in property damage, New York law requires you to file a Report of Motor Vehicle Accident (form MV-104) with the DMV within 10 days of the accident — regardless of who was at fault.

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This is your own obligation as the driver — a police report at the scene does not replace it, and every involved driver must file their own. Failing to file on time can lead to license suspension and other penalties, so put a reminder in your phone before you leave the scene.

Exchange Information - and What to Say

Exchange the following with every other driver involved:

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• Name, address, and phone number

• Driver's license number

• License plate number

• Insurance company and policy number

• Make, model, and color of each vehicle

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If there are witnesses, politely ask for their names and phone numbers too. They can be hard to track down later.

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Be courteous, but be careful with your words. Don't apologize or admit fault, even casually — a simple “I'm so sorry” can later be twisted into an admission.

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Stick to the facts when you speak with police, and let the investigation determine who was responsible.

Document the Scene

If it's safe and you're physically able, use your phone to capture what happened while it's fresh:

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• Photos and videos of all vehicles, damage, and their positions

• The wider scene — the intersection, traffic signals, skid marks, debris, and road conditions

• Weather and lighting conditions

• Any visible injuries

• The other driver's insurance card and license (a quick photo beats copying by hand)

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Jot down or record a voice memo of what happened while your memory is clear: the time, the direction each car was traveling, and anything the other driver said. This kind of documentation is often the difference between a clear claim and one driver's word against another's.

See a Doctor - Even If You Feel Fine

This step protects both your health and your claim. Many serious injuries, including concussions, whiplash, and internal injuries, don't show obvious symptoms for hours or even days. Getting checked promptly means problems are caught early and there's a medical record connecting your injuries to the crash.

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Gaps or delays in treatment are one of the most common ways accident claims get undermined. If an insurer sees you waited weeks to see a doctor, they may argue your injuries weren't serious or weren't caused by the accident. Follow your treatment plan and keep every bill, referral, and record.

Understand New York's No-Fault System

New York is a no-fault state (Insurance Law Article 51). After most crashes, your own auto insurance pays your initial medical bills and a portion of lost wages — up to your policy's basic economic loss coverage — no matter who caused the accident. It's designed to get your care paid for quickly.

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There's a deadline you cannot afford to miss. To keep your coverage for medical bills and lost wages, you must file an application (form NF-2) with your insurer within 30 days of the accident. Miss it, and the insurer may have grounds to deny those benefits. Limited exceptions exist for people who were physically unable to file, but they require proof and are not something to rely on. When in doubt, file as soon as you can.

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No-fault also limits when you can sue the at-fault driver for pain and suffering. To bring that kind of claim, you generally must show a “serious injury” as defined by state law. A New York tort-reform law that took effect in May 2026 changed this area: it removed the older “90/180-day” category — the rule that let you help establish a serious injury by showing you couldn't perform your usual activities for at least 90 of the first 180 days after the crash. The change cuts both ways. If you didn't miss 90 days, you're no longer at a disadvantage for it; but missing 90 days, on its own, is no longer enough. Serious-injury claims now rest on objective medical evidence of a qualifying permanent or significant injury.

Notify Your Insurance Company

Report the accident to your own insurer promptly — most policies require “prompt” notice, and reporting is what starts your no-fault claim. Give them the basic facts: when, where, and what happened.

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Be more cautious with the other driver's insurance company. If an adjuster for the other side calls, you're not required to give a recorded statement, and it's usually wise not to before you understand your rights. You can politely take their information and say you'll follow up.

What to Do in the Days After

Once the immediate emergency is over, a few follow-up steps keep your claim on track:

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• File your MV-104 with the DMV if required (within 10 days).

• File your no-fault (NF-2) application with your insurer (within 30 days).

• Keep a simple file of everything: photos, the police report or its number, medical records and bills, repair estimates, and a log of missed work.

• Track your symptoms in a short daily note — it helps your doctors and documents your recovery.

• Be careful on social media. Insurers do look, and a cheerful photo can be used to question how hurt you are.

• Talk to a lawyer before accepting any settlement, especially if anyone was injured.

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When to Call a New York Car Accident Lawyer

Not every fender-bender needs an attorney. But it's worth talking to one — usually at no cost — if any of the following apply:

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• Someone was injured, or injuries surfaced after the fact.

• Fault is disputed, or the other driver is blaming you.

• An insurer is delaying, lowballing, or denying your claim.

• The other driver was uninsured or fled the scene.

• A commercial truck, rideshare, or government vehicle was involved, which adds legal complexity. (If a government vehicle is involved, a special “notice of claim” may be due within 90 days.)

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An experienced attorney can handle the insurers, preserve evidence, and make sure deadlines are met while you focus on healing. Our New York car accident lawyers handle these cases on contingency — there's no fee unless we win.

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Frequently Asked Questions

What should I do first after a car accident in New York?

Get to safety and check for injuries. Call 911 if anyone is hurt or the road is blocked. Then exchange information, document the scene, report the crash, and seek medical care — even if you feel okay at first.

Do I have to report a car accident in New York?

Yes, in many cases. New York requires you to file a DMV accident report (form MV-104) within 10 days if the crash caused injury, death, or more than $1,000 in property damage. You should also call the police at the scene when there are injuries or significant damage.

How long do I have to file a no-fault claim in New York?

Generally 30 days from the date of the accident. You file an application (form NF-2) with your own insurer to claim medical and lost-wage benefits. Missing this deadline can give the insurer grounds to deny your benefits, so file as soon as you can.

Should I see a doctor even if I feel fine?

Yes. Some serious injuries don't cause symptoms for hours or days, and a prompt medical record links your injuries to the crash. Delaying care can hurt both your recovery and your claim.

How long do I have to sue after a car accident in New York?

The general deadline (statute of limitations) for a personal injury lawsuit in New York is three years from the date of the accident. Shorter deadlines can apply — for example, when a government vehicle is involved — so confirm your specific deadline early.

Talk to Kleban Law Group — Free Consultation

If you've been hurt in a crash, you shouldn't have to fight the insurance companies alone. At Kleban Law Group, we help injured drivers, passengers, and pedestrians across Valley Stream, Nassau County, Queens, Brooklyn, the rest of Long Island, and New York City understand their rights and pursue fair compensation.

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Our car accident cases are handled on contingency — No Fee Unless We Win — and your first consultation is free and no-obligation.

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We'll review what happened, explain your deadlines, and tell you honestly how we see your case.

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Call us today or reach out through our contact page to schedule your free consultation.

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