A car accident in New York City is disorienting. Traffic is dense, the scene may be a busy avenue or a narrow Brooklyn block, and adrenaline can hide injuries. What you do in the first hours and days can affect your health, your insurance benefits, and the record of what happened. This article is a general checklist for drivers and passengers. It is not legal advice, and every case differs.
Bisogno & Meyerson, LLP is a Brooklyn firm that handles personal injury matters for people across New York City. The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from Brooklyn. For a description of the firm’s work, see car accidents. For a look at when a legal conversation makes sense, read when to hire a personal injury lawyer.
At the Scene: Safety First
Check yourself and your passengers. If anyone is hurt, or you are unsure, call 911 and ask for medical help. If vehicles can be moved safely and the accident is minor, move them out of travel lanes. Otherwise turn on hazard lights and stay in a safe place. Do not stand in traffic to take photographs. On bridges, expressways, and busy streets, safety comes before evidence.
Ask for police if there are injuries or significant damage, or if the other driver leaves, is uncooperative, or may be impaired. Ask the responding officer for the report number or how to obtain the report.
Gather Information and Evidence
New York requires drivers involved in an accident to exchange identifying and insurance information. Get the other driver’s name, address, license, plate, insurer, and policy number, and the names and numbers of passengers and witnesses. If you can do so safely, photograph the vehicles from several angles, license plates, the street, traffic signals and signs, skid marks, weather, and visible injuries.
Be courteous but careful with what you say, and do not guess about speed or fault. Describe what happened factually to the police. If a camera on a nearby building, bus, or traffic pole might have captured the crash, note the location. Some systems overwrite footage within days, so a prompt request matters.
Get Medical Care, Even If You Feel Fine
Some injuries, including whiplash, concussion, and back injuries, do not show full symptoms right away. See a doctor, urgent care, or an emergency room, and describe every symptom, even small ones. Medical records create a time-stamped account of your condition. Gaps in treatment and inconsistent descriptions are common points of dispute later, so follow your providers’ instructions and keep every bill and appointment note.
Reports and Notices You May Need to File
In New York, a driver involved in an accident that causes injury or death, or property damage above a statutory threshold, may need to file a Report of Motor Vehicle Accident, form MV-104, with the DMV within 10 days. This may be required even if police responded. Check the DMV’s current instructions, because the rules turn on the facts. Notify your own insurer promptly as your policy requires. Giving notice is different from giving a detailed recorded statement, and you can take time to understand a request before agreeing.
No-Fault Benefits: A Short Window
New York is a no-fault state. Under Article 51 of the Insurance Law, medical expenses and a portion of lost earnings can be paid by no-fault insurance regardless of who caused a motor vehicle accident. The application for no-fault benefits generally must be submitted within 30 days of the accident. Late filing can lead to a denial unless there is a reasonable explanation, so do not wait. See the firm’s pages on filing auto accident claims and no-fault information.
No-fault does not pay for pain and suffering. To bring a lawsuit for non-economic loss after a motor vehicle accident, a person generally must meet the serious injury threshold in Insurance Law § 5102(d), which lists categories of qualifying injury. Whether an injury meets the threshold depends on medical records and the facts.
Fault, Comparative Negligence, and Insurers
Fault is decided on evidence, not on who spoke first. Under CPLR 1411, New York applies comparative negligence, so shared fault reduces damages in proportion rather than barring the claim. Insurers may contact you quickly. You are not required to give a recorded statement to the other driver’s insurer. Think carefully before signing a release or accepting a settlement offer, because a release can end a claim, including for injuries that later worsen.
Special Situations
Some accidents carry added rules. If you were on foot, see pedestrian accidents. For riders, see motorcycle accidents, where no-fault generally does not apply to the rider. For a bus or other public vehicle, strict notice deadlines, often 90 days, can apply to claims against public entities, as explained on our bus accident page. Cyclists should see bicycle accidents.
Deadlines to Keep in Mind
Most personal injury lawsuits in New York must be started within three years under CPLR 214. Claims against New York City and many public authorities are different: a notice of claim is generally due within 90 days, and suit within one year and 90 days. A death arising from an accident has separate rules. See personal injury deadlines in New York for more. Consult an attorney about your dates.
Talk With Our Firm
If you were hurt in a car accident in New York City, Bisogno & Meyerson, LLP can review what happened and explain possible next steps. A free consultation is a conversation about facts, deadlines, and options. It is not a prediction of liability or of any recovery.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq. Bring any photographs and medical paperwork. See also the firm overview.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.