A car accident can turn your life upside down in a matter of seconds. Even a seemingly minor collision can lead to serious injuries, expensive medical bills, lost wages, and emotional distress. In the chaotic moments after a crash, it can be difficult to know what to do—but your actions immediately following the accident can significantly affect your physical recovery and your ability to secure compensation later.
This guide provides a clear, step-by-step plan for what New Yorkers should do after a car accident to protect their health, financial stability, and legal rights.
Step 1: Ensure Safety and Call 911
Your first priority after an accident is safety.
- Check yourself and your passengers for injuries.
- If it is safe to do so, move vehicles out of traffic.
- Call 911 to report the accident and request medical assistance if anyone is injured.
In New York, calling the police is crucial because an official accident report becomes an essential piece of evidence when filing insurance claims or pursuing legal action.
Step 2: Seek Immediate Medical Attention
Even if you believe your injuries are minor, you should always get evaluated by a medical professional. Many accidents result in delayed symptoms, including concussions, whiplash, or internal injuries that may not appear for hours or days.
Why medical care matters:
- It protects your health.
- It creates official documentation linking your injuries to the accident.
- Insurance companies often dispute claims when victims delay treatment.
Never assume injuries will resolve on their own.
Step 3: Exchange Information With All Parties Involved
Gathering information at the scene helps ensure you can pursue compensation later. Make sure to collect:
- Full names and contact information
- Driver’s license numbers
- Insurance company names and policy numbers
- License plate numbers
- Vehicle make, model, and color
If the other driver refuses to share information, wait for law enforcement to arrive and mediate the exchange.
Step 4: Document the Accident Scene Thoroughly
Evidence gathered right after the accident is often the most valuable. Use your phone to photograph or video the scene from multiple angles.
Important details to document:
- Vehicle damage
- Road conditions
- Traffic signals or signs
- Skid marks
- Weather conditions
- Any visible injuries
- The position of vehicles before they are moved
If there are eyewitnesses, request their contact information in case your attorney needs statements later.
Step 5: Avoid Admitting Fault or Making Speculative Statements
In the aftermath of a collision, you may feel tempted to apologize or guess what went wrong. However, even innocent comments can be used against you during an insurance claim.
Do not:
- Say “I’m sorry”
- Admit fault
- Guess or speculate about the cause
- Minimize your injuries
Stick to factual information when speaking with police officers and other parties.
Step 6: Notify Your Insurance Company Promptly
New York is a no-fault insurance state, meaning your own insurance company typically covers your medical expenses and lost wages through Personal Injury Protection (PIP) benefits—regardless of who caused the accident.
You must notify your insurer within a timely manner, often within 30 days, to preserve your benefits.
When reporting the accident:
- Keep your statements brief.
- Do not provide recorded statements without legal guidance.
- Avoid discussing fault or injuries in detail.
Insurance companies are not on your side, including your own.
Step 7: Keep Records of All Accident-Related Expenses
Accurate documentation of your losses is crucial for both insurance claims and potential lawsuits. Keep a file or folder containing:
- Medical bills
- Receipts for medication or medical equipment
- Lost wage statements from your employer
- Repair estimates or towing receipts
- Transportation costs for medical appointments
- Correspondence with insurers
The more organized your records are, the stronger your claim will be.
Step 8: Understand When You May File a Lawsuit
While New York’s no-fault system covers basic expenses, it does not compensate for pain and suffering unless you meet the state’s serious injury threshold. This includes:
- Significant disfigurement
- Bone fractures
- Permanent limitation of a body part
- Substantial disability lasting 90+ days
- Dismemberment or death
If your injuries qualify, you may file a lawsuit against the at-fault driver to pursue additional compensation.
Step 9: Contact an Experienced Attorney
Car accident cases may seem straightforward, but even seemingly minor claims can become complicated. Insurance companies frequently dispute injuries, minimize payouts, or blame victims. An attorney can protect your rights from the beginning.
A lawyer can help by:
- Gathering evidence
- Negotiating with insurers
- Determining whether you meet the serious injury threshold
- Calculating the full value of your losses
- Preparing for trial if needed
For trusted, professional representation after a New York car accident, Warner & Scheuerman provides comprehensive legal assistance backed by decades of experience.
Final Thoughts
A car accident is overwhelming, but knowing what to do in the moments and days after can make all the difference. Prioritizing medical care, documenting the scene, avoiding harmful statements, and consulting an attorney right away are key steps in protecting your rights and maximizing your compensation.
If you’ve been involved in a crash, don’t try to navigate the aftermath alone—a knowledgeable lawyer can guide you every step of the way.