Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
Serving New York
What to Do After a Car Accident in New York: Step by Step Checklist
Hurt in a crash? The insurance company already has a team working on your claim. You should too. A free call tells you where you stand.
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After a New York car accident, stop and check for injuries, call 911, move out of traffic, exchange license and insurance details, photograph everything, and get medical care the same day. File the DMV accident report within 10 days and your no fault application within 30 days. Say nothing about fault to the other insurer. Top USA Law reviews your first 30 days free. Call (877) 411-5291.
What to do first after a car accident in New York
Protect people first, then protect proof. These ten steps cover the first hour, the first day, and the reporting deadlines New York sets after a crash.
- Stop and stay at the scene. Driving away before you exchange information is a crime under New York Vehicle and Traffic Law section 600.
- Check for injuries and call 911. Ask for police and an ambulance if anyone is hurt, complains of neck pain, or seems confused.
- Move the vehicles out of the travel lane if they still drive, and turn on your hazard lights.
- Exchange information: name, driver license, registration, insurance company, policy number and plate number.
- Photograph everything before the cars are moved: damage to both vehicles, plates, skid marks, signals, road conditions, debris and your own visible injuries.
- Collect witness names and phone numbers, plus the responding officer's name, shield number and the report number.
- Do not admit fault and do not apologize, even to be polite. Fault is decided later, from evidence.
- Get medical care the same day, even if you feel fine. Neck, back and head injuries often surface hours later.
- Tell your own insurer, and file the no fault application within 30 days so your treatment is paid.
- File the DMV accident report within 10 days if anyone was injured or property damage passed 1,000 dollars.
Then call a lawyer before you give the other driver's insurer a recorded statement. That call is free and it costs you nothing to ask what your claim involves.
| Step | Deadline | Runs from | If you miss it |
|---|---|---|---|
| No fault application to the insurer | 30 days | Date of the crash | Treatment bills can be denied unless you give a written reason for the delay |
| DMV accident report | 10 days | Date of the crash | The DMV can suspend your driving privilege |
| Medical bills to the no fault insurer | 45 days | Date of each treatment | The bill can be denied as late |
| Notice of claim against a city, county or public authority | 90 days | Date of the crash | The claim against that agency can be lost |
| Wrongful death lawsuit | Two years | Date of death | The action is time barred |
| Personal injury lawsuit | Three years | Date of the crash | The case is over, no matter how clear the fault |
The three year deadline in New York CPLR section 214 feels far away on day one. The short ones do the damage. Most New York claims that fall apart do so because the no fault application went in late, the 90 day notice of claim was never served, or nobody photographed the intersection before the cars were towed. Everything below is ordered by the clock, not by importance, so you can work down the list from where you are today.
At the scene of a New York crash: the first 10 minutes
The first ten minutes decide what evidence exists later. Stay, get help, document the scene, and say nothing about who caused it.
Stop and stay, because leaving is a crime
New York Vehicle and Traffic Law section 600 requires a driver involved in a crash that injured someone to stop, give their license and insurance information, and report to police. Leaving the scene of a personal injury crash is a crime in New York, not a traffic ticket. Pull over as soon as it is safe, even if the other driver waves you on.
Check for injuries and call 911
Ask everyone if they are hurt before you look at the bumpers. Call 911 and ask for police and an ambulance if anyone reports pain, cannot move normally, or seems confused or drowsy. The 911 call creates a timestamped record of the crash and of who complained of what, which matters months later when the insurer says nobody was hurt at the scene.
Move to safety and use your hazards
On a highway or a busy avenue, a second collision is a real risk. If the vehicles drive, move them onto the shoulder or a side street and turn on your hazard lights. If they do not drive, get yourself and your passengers behind a barrier or onto the sidewalk and wait there. Photographs can be taken from the side of the road; a second impact cannot be undone.
Exchange information and collect these details
Get more than the other driver's phone number. Photograph their documents rather than writing the numbers down, so there is no transcription error and no argument about what they told you.
| Item | Why it matters | How to get it |
|---|---|---|
| Driver license | Confirms who was driving, which is often disputed later | Photograph the front of the card |
| Insurance card and policy number | Identifies the liability carrier and the coverage available | Photograph the card, front and back |
| Registration and plate | Identifies the owner, who may be liable along with the driver | Photograph the sticker and the plate |
| Witness name and phone number | Independent accounts settle fault arguments | Ask before police arrive, because witnesses leave |
| Officer name, shield number, report number | Lets you order the police accident report | Ask the officer directly at the scene |
| Dashcam and nearby camera locations | Video is overwritten in days or weeks | Note every store, bus and building camera facing the crash |
Photograph everything before the cars move
Take wide shots that show the position of both vehicles, the lane markings and the traffic signal, then close shots of each area of damage. Photograph skid marks, broken glass, fluid on the pavement, potholes, a blocked sign, snow or standing water, and the inside of your car if an airbag deployed. Photograph your own bruises and cuts that day and again three days later when they darken.
Get witness names and numbers
A neutral witness is the most valuable thing at most New York crash scenes and the first thing to disappear. Ask two questions: your name and a phone number, and what did you see. Write the answer in your phone while they are standing there. A police report may list a witness with no contact details, which is the same as no witness.
Do not admit fault or apologize
New York decides fault from evidence, and it can be shared. Saying "I am so sorry" at the scene becomes "the other driver admitted fault" in an adjuster's note. Answer the officer's questions honestly and briefly, describe what you saw and felt, and let the investigation do the rest. Do not admit fault and do not guess at speeds or distances.
The same day: care, notice and notes in New York
Three things belong in the first 24 hours: a medical examination, a call to your own insurer, and your own written account.
Get medical care even if you feel fine
Adrenaline hides injuries. Neck and back pain, headaches, numbness in an arm and dizziness often start the next morning. Go to an emergency department, an urgent care, or your own doctor the same day and describe every symptom, even the ones that feel minor. A gap between the crash and the first visit is the single most common argument insurers use to claim you were not really hurt.
Report the crash to your own insurer
Call your own insurance company promptly and give the basic facts: date, time, place, vehicles, and that you were injured and are being treated. This is the call that opens your no fault claim. It is not the call where you estimate your damages or accept a version of fault.
Write down what happened while it is fresh
That night, write a plain account: where you were going, the light color, what you heard, where you were struck, who said what, which part of your body hit what. Add a daily note about pain, missed work and things you could not do. Six months later that record is evidence, and memory is not.
The first 10 days: New York reporting rules
New York expects two reports after a crash: the police report at the scene and your own written report to the DMV.
The police accident report and how to get a copy
The officer's report records the date, location, vehicles, apparent contributing factors and any summons issued. Ask for the report number at the scene. Reports are ordered from the police agency that responded or through the New York DMV, and they take days to weeks to become available. Read yours as soon as it arrives and note any error in the position of the vehicles or the direction of travel.
The DMV accident report within 10 days
New York Vehicle and Traffic Law section 605 requires the drivers involved to file their own written accident report with the DMV within 10 days when the crash caused injury or death, or property damage above 1,000 dollars. The form is the MV-104. Failing to file it can cost you your driving privilege, and the filed report also becomes a dated record of the crash and your injuries.
What if the police do not come to the scene
In busy precincts police sometimes do not respond to a crash with no visible injury. If that happens, document the scene yourself, exchange information, and file your own DMV accident report. You can also report the crash at a police precinct afterward. No police report does not end your claim; it means your photographs, your witness list and your medical records carry more of the weight.
The first 30 days: the New York no fault application
New York is a no fault state. Your own coverage pays your treatment and part of your wages, but only if the paperwork is on time.
The no fault application within 30 days
Written notice of the crash is due to the no fault insurer within 30 days under 11 NYCRR 65-1.1. The form is usually called the no fault application, or NF 2. File it even if you are not sure you are hurt and even if you were a passenger, a pedestrian or a cyclist. If you are late, a written reasonable excuse, such as a hospital admission or not knowing which insurer covered the vehicle, can still save the claim.
Medical bills within 45 days
Each provider's bill is due to the no fault insurer within 45 days of the treatment under the same regulation. Ask every doctor, therapist and imaging center whether they have billed no fault, and give each of them the claim number. Bills that arrive late get denied, and then a collection letter arrives at your address for treatment that should have been covered.
What no fault pays and what it does not
Under New York Insurance Law section 5102, basic economic loss is capped at 50,000 dollars per person and covers medical expenses, lost earnings up to 2,000 dollars a month for up to three years, and other necessary expenses up to 25 dollars a day for up to one year. It pays regardless of who caused the crash. It does not pay for pain and suffering, and under New York Insurance Law section 5104 you cannot sue the other driver for those same medical bills twice. If your carrier denies treatment after its examination, read what to do when a New York no fault claim is denied and see how the payment rule in New York Insurance Law section 5106 works on our page about the 30 day no fault payment rule.
Do's and don'ts after a New York car accident
Most of what hurts a New York claim happens in the first two weeks, and almost all of it is avoidable. Here is the short version.
| Do | Don't |
|---|---|
| Call the police, even when the damage looks minor | Do not leave before you exchange information |
| Photograph the scene before the vehicles are moved | Do not rely on the other driver to report the crash |
| See a doctor the same day and describe every symptom | Do not tell anyone at the scene that you are fine |
| File the no fault application within 30 days | Do not wait for the insurer to send you the form |
| Keep every bill, receipt and out of pocket cost | Do not throw away the damaged car seat, helmet or shoes |
| Follow the treatment plan and finish therapy | Do not stop treating because the insurer cut off payment |
| Send your own written statement to your own insurer | Do not give the other driver's insurer a recorded statement |
| Ask what coverage exists before discussing any number | Do not sign a release or cash a settlement check early |
| Keep your injury off social media | Do not post photos, workouts, trips or "feeling better" updates |
Mistakes that hurt New York car accident claims
Insurers do not need to prove you were healthy. They only need a few facts from your own file to argue it.
Giving a recorded statement to the other insurer
The adjuster for the driver who hit you is friendly, calls early, and records the call. The questions are built to lock in answers about speed, distance, your prior back pain and how you felt at the scene. You are not required to give that statement. Say you will follow up in writing, then get advice first.
Accepting a quick settlement offer
An offer in the first weeks arrives before anyone knows whether your injury is permanent. Signing the release ends everything, including the surgery a doctor recommends four months later. A quick offer is a signal that the carrier sees exposure, not that the claim is small.
Posting on social media
A photograph of you at a wedding, a race sign up, or a cheerful "back at it" caption will be printed and attached to the insurer's motion. Set your accounts private, stop posting about your activities, and tell family not to tag you.
Gaps in treatment
A month with no visits reads as recovery, whatever the reason was. If you must miss appointments because of work, childcare or cost, tell the doctor so it is written in the chart, and go back. Continuous records are what prove a serious injury later.
New York laws that shape what happens next
Four rules decide who pays, whether you can claim pain and suffering, how shared fault counts, and how long you have.
No fault and basic economic loss
Your treatment and part of your wages come from the no fault coverage on your own policy or on the vehicle you were in, up to the 50,000 dollar basic economic loss limit in New York Insurance Law section 5102, and the insurer must pay within 30 days of proof of claim under New York Insurance Law section 5106.
The serious injury threshold
To claim pain and suffering from the driver who hit you, New York Insurance Law section 5104 requires a serious injury as defined in New York Insurance Law section 5102. For lawsuits filed on or after May 26, 2026, the eight categories are death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use, and significant limitation of use. The former 90 of 180 day category was removed for those lawsuits. Our page on the New York serious injury threshold walks through each one.
Shared fault under CPLR 1411
New York applies comparative negligence under New York CPLR section 1411. If you are found 20 percent responsible, you recover 80 percent of your damages. For motor vehicle injury lawsuits filed on or after May 26, 2026, a claimant who is more at fault than the defendants combined can be barred from recovering, while a claimant at 50 percent or less still recovers, reduced by that percentage. That is why an adjuster's suggestion that you caused the crash matters, and why you should not accept it without advice.
The deadlines to sue
A personal injury lawsuit must be filed within three years of the crash under New York CPLR section 214. A wrongful death action must be brought by the personal representative within two years of the death under New York EPTL section 5-4.1. If a city, county, town or public authority is involved, a notice of claim is due within 90 days under New York General Municipal Law section 50-e. See how the three year New York deadline is counted.
| Your loss | Who pays first | Who pays the rest | What you must show |
|---|---|---|---|
| Medical treatment | Your no fault coverage, up to 50,000 dollars | Health insurance, then the at fault driver above that limit | Timely application and bills, and medically necessary care |
| Lost wages | No fault, up to 2,000 dollars a month for three years | The at fault driver for wage loss above the no fault limit | An employer wage statement and a doctor's disability note |
| Pain and suffering | Nobody, unless the threshold is met | The at fault driver's liability insurer | A serious injury under Insurance Law 5102, proved objectively |
| Vehicle damage | Your collision coverage or the at fault driver's property coverage | You pay the deductible until fault is resolved | Repair estimates and photographs of the damage |
| Loss when the driver had little or no coverage | No fault for treatment | Uninsured or supplementary underinsured motorist coverage on your own or a household policy | Notice to your own carrier and proof of the other policy limit |
See if you have a case
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Results in cases like this
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Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in New York
Special situations after a New York crash
Four situations change the steps above. Each one adds a deadline or a second insurer, and each one is time sensitive.
Hit and run and the MVAIC claim
If the driver fled, report it to police immediately; leaving the scene of an injury crash is a crime under New York Vehicle and Traffic Law section 600. A New York resident with no auto coverage in the household can claim through the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, which requires a police report within 24 hours of the crash and a notice of intention to make a claim within 90 days. If there is coverage in your household, the uninsured motorist coverage required in every New York policy by New York Insurance Law section 3420 is the place to look first, along with any supplementary underinsured motorist coverage on the same policy.
Uber, Lyft and taxi crashes
A rideshare or taxi passenger is covered by no fault the same way, so the application and the 30 day clock still apply. While a trip is active, the rideshare company's commercial liability policy is also in play, and in New York City for hire vehicles carry coverage required by the Taxi and Limousine Commission. Screenshot the trip receipt and the driver's name before the app history scrolls away.
A city bus, police car or other public vehicle
Crashes involving New York City Transit, MTA Bus, a county or municipal bus, a sanitation truck or a police vehicle require a notice of claim within 90 days under New York General Municipal Law section 50-e. The notice has required contents and a required method of service, and a defective notice can end the claim. This is the deadline that surprises people most, because it runs while you are still in treatment.
An out of state driver or a visitor
If the car that hit you was registered elsewhere, your treatment still runs through the no fault coverage on the vehicle you were in, and the crash is still governed by New York law and filed in a New York court. If you were the visitor, your own policy from home usually follows you, and the no fault claim goes to the insurer of the vehicle you occupied.
When to call a lawyer in New York and what it costs
Call before the other insurer records you, before you sign anything, and before 30 days pass. The consultation is free.
A minor property damage claim with no injury usually does not need a lawyer. Call one when someone was taken to a hospital, when your symptoms last more than a few days, when fault is disputed, when a truck, bus or public vehicle is involved, when the other driver fled or has little coverage, or when the no fault carrier stops paying for treatment. Top USA Law works on a contingency fee: no fee unless we win, and costs may apply. There is no charge for the first conversation and no obligation after it. What you get on that call is a plain reading of the deadlines that apply to your crash and what the insurer is likely to do next.
How Top USA Law handles the first 30 days in New York
We start with the clock and the coverage, because those two things cannot be fixed later.
On the first call we identify every insurer involved, get the no fault application on file, and put the carriers on notice in writing so the recorded statement requests stop coming to you. We order the police report, send preservation letters for dashcam, bus and business video before it is overwritten, and calendar the 90 day notice of claim if a public agency is involved. Then we make sure your treatment is documented the way New York Insurance Law section 5102 requires, with measured findings rather than a note that says you are sore. Paul Perkins, Of Counsel, is licensed in New York. Read the New York car accident lawyer page or call (877) 411-5291. Free consultation, and no fee unless we win.
Related New York guides
These pages go deeper on the rules named above, in the order most people need them.
- Insurance Law 5102: basic economic loss and the serious injury definition
- Insurance Law 5104: when you may sue the other driver
- How much is a car accident settlement worth in New York?
- Whiplash settlements in New York
- Herniated disc car accident settlements in New York
- New York truck accident lawyer
Drunk driving crashes add another layer, because a conviction under New York Vehicle and Traffic Law section 1192 can be used as evidence in the civil case once the criminal matter resolves.
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Frequently Asked Questions
Do I have to call the police after a minor car accident in New York?
Call the police whenever anyone is hurt or the damage is more than cosmetic. Police may not respond to a minor crash with no injury, and that is not a problem by itself. You must still stop, exchange license and insurance information, and file your own DMV accident report within 10 days if anyone was injured or the property damage passed 1,000 dollars.
What happens if the police do not come to the scene?
Your claim continues without a police report. Document the scene yourself: photograph both vehicles, the plates, the signals and the road, exchange information, and get witness names and phone numbers. You can report the crash at a precinct afterward, and you should still file your own DMV accident report. Your photographs and your medical records then carry more of the weight.
How long do I have to report a car accident to the DMV in New York?
Ten days. New York requires the drivers involved to file a written accident report, the MV-104, with the DMV within 10 days when the crash caused injury or death or property damage above 1,000 dollars. Failing to file it can cost you your driving privilege. The filed report also creates a dated record of the crash and the injuries.
How long do I have to report the accident to my insurance company?
Report it right away, and file the written no fault application within 30 days of the crash under 11 NYCRR 65-1.1. That application is what opens payment of your medical bills and part of your lost wages. Each medical bill is then due to the no fault insurer within 45 days of the treatment, so give every provider the claim number.
Can I leave the scene if no one seems hurt?
No. New York Vehicle and Traffic Law section 600 requires you to stop, show your license and insurance information, and report to police. Leaving the scene of a crash that injured someone is a crime, and injuries are often not obvious in the first minutes. Stay until information is exchanged and police release you.
Should I talk to the other driver's insurance company?
You do not have to give the other driver's insurer a recorded statement, and you should not give one before you get advice. That adjuster works for the driver who hit you. You may confirm the basic facts of the crash in writing. Questions about your speed, your prior injuries and how you felt at the scene are the ones that cause harm later.
What does no fault insurance cover in New York?
No fault pays basic economic loss regardless of who caused the crash: medical expenses, lost earnings up to 2,000 dollars a month for up to three years, and other necessary expenses up to 25 dollars a day for up to one year, capped at 50,000 dollars per person under New York Insurance Law section 5102. It does not pay for pain and suffering.
Do I need a lawyer for a minor car accident in New York?
Not always. A property damage claim with no injury is usually handled directly with the insurers. Get a lawyer involved if anyone was taken to a hospital, if symptoms last more than a few days, if fault is disputed, if a truck, bus or public vehicle is involved, if the other driver fled or had little coverage, or if the no fault carrier stops paying for treatment.
How long do I have to file a car accident lawsuit in New York?
Three years from the date of the crash under New York CPLR section 214. A wrongful death action must be brought by the personal representative within two years of the death under New York EPTL section 5-4.1. If a city, county, town or public authority is involved, a notice of claim is due within 90 days under New York General Municipal Law section 50-e.
What if the other driver has no insurance or fled the scene?
Report a hit and run to police immediately, because leaving the scene of an injury crash is a crime under New York Vehicle and Traffic Law section 600. Your treatment still runs through no fault. The uninsured and supplementary underinsured motorist coverage required in New York policies under New York Insurance Law section 3420 is the next place to look, and a resident with no household coverage may claim through MVAIC, which requires a police report within 24 hours and a notice of intention within 90 days.
What if I was a passenger, a pedestrian or a cyclist?
You are covered too. A passenger claims no fault benefits through the vehicle they were riding in. A pedestrian or cyclist struck by a car claims through the no fault coverage on the vehicle that hit them, or on their own auto policy. The 30 day application deadline applies the same way, and a claim for pain and suffering still requires a serious injury under New York Insurance Law section 5102.
How much is my New York car accident case worth?
It depends on whether your injury meets the serious injury threshold, how much your treatment and wage loss come to above the no fault limit, how fault is divided under New York CPLR section 1411, and how much insurance coverage exists. Nobody can value a claim honestly in the first weeks. Our page on what a New York car accident settlement is worth explains each factor.
Last reviewed by Paul Perkins, Esq., September 2026.
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