1. Call 911 Immediately (Required Under New York Law)

Calling 911 after a car accident is not just a good idea—it is often required under New York law. When an accident involves injuries or major property damage, New York State Vehicle & Traffic Law generally requires that the crash be reported to the police. Even if the other driver urges you not to get the police involved, you should still make the call.

When police respond to the scene, they will usually:

• Take statements from all drivers involved
• Identify and speak with witnesses
• Document vehicle positions and visible damage
• Note any visible injuries
• Record contributing factors such as speeding, distraction, or suspected impairment
• Prepare an official accident report

This accident report quickly becomes one of the most important documents in your case. Insurance companies rely heavily on it when deciding fault and evaluating claims. A clear, detailed report can help support your version of events if the other driver later changes their story.

If you are able, ask the responding officer for the accident report number or details on how to obtain a copy later.

2. Move to Safety and Document the Scene

If your vehicle is blocking traffic or creating a hazard, move it to the shoulder or a safer nearby location, as long as it is safe to do so. Once you are out of immediate danger, begin documenting the scene. Physical evidence can disappear quickly, and your photos and notes can play a major role later in proving what happened.

Use your phone to take photos and videos of:

• Vehicle damage: Capture all angles of every vehicle involved, including close-ups of dents, broken glass, and any intrusion into the passenger compartment.
• Road conditions: Potholes, ice, oil, standing water, loose gravel, or debris may have contributed to the crash.
• Traffic signals and signs: Photograph stop signs, traffic lights, lane markings, and any obstructed or missing signs.
• The wider scene: Take wider shots showing the intersection layout, nearby driveways, blind curves, or parked vehicles.
• Your visible injuries: Bruising, cuts, swelling, airbag burns, and other visible injuries should be documented as soon as possible.

If there are witnesses, ask:

• What they saw
• Whether they are willing to provide a brief statement
• For their names and phone numbers

A neutral witness can be extremely helpful if the other driver later denies speeding, running a red light, or using a phone at the time of the crash.

3. Get Medical Attention Right Away, Even If You Feel Fine

After a collision, adrenaline and shock can mask pain. It is very common for people to feel “okay” at the scene and then develop pain hours or days later. Conditions such as whiplash, concussions, soft-tissue damage, and internal injuries may worsen over time if they are not diagnosed and treated.

Always seek medical attention as soon as possible, whether from an emergency room, urgent care, or your doctor. This step is crucial because it:

• Protects your health and safety
• Creates a medical record tied to the date of the accident
• Helps establish a clear connection between the crash and your injuries
• Prevents the insurance company from arguing that your injuries came from another cause

If you wait days to see a doctor, insurance adjusters often claim that your injuries were not serious or were unrelated to the accident. Consistent treatment, follow-up appointments, and following your doctor’s recommendations all strengthen your claim and support the seriousness of your injuries.

4. Understand New York’s No-Fault (PIP) Insurance System

New York is a no-fault state, which means that your own insurance company pays for certain costs after an accident, regardless of who caused the crash. This coverage is called Personal Injury Protection, or PIP, and it is designed to make sure you can receive necessary treatment quickly.

PIP may cover:

• Reasonable and necessary medical expenses
• A portion of lost wages (typically up to 80% of lost earnings, subject to policy limits)
• Diagnostic tests such as X-rays, MRIs, and CT scans
• Rehabilitation and physical therapy
• Prescription medications
• Transportation to and from medical appointments
• Certain household help if medically necessary

However, PIP does not cover everything. It does not compensate you for pain and suffering, emotional distress, loss of enjoyment of life, or future medical expenses beyond your policy limits.

To pursue these additional damages, you generally must meet New York’s Serious Injury Threshold. This can include:

• Fractures
• Significant disfigurement or scarring
• Permanent loss or limitation of a body organ, member, function, or system
• Certain serious neck or back injuries with medical proof of limitations
• An injury that prevents you from performing substantially all of your usual daily activities for at least 90 days during the 180 days immediately following the accident

If your injuries meet this threshold, you may be able to bring a personal injury claim against the at-fault driver to recover damages beyond what PIP provides.

5. Notify Your Insurance Company, But Be Careful What You Say

You are generally required to notify your insurance company of the accident promptly—often within 24 hours, depending on your policy. When you call, it is important to report the crash, but you should be cautious about how much detail you provide.

You can safely provide:

• The date, time, and location of the accident
• The vehicles involved
• That you were injured and are seeking medical care
• That a police report was filed

You should avoid:

• Speculating about fault or admitting blame
• Describing your injuries in detail before you have a full medical evaluation
• Agreeing to a recorded statement
• Discussing your medical history in depth
• Guessing about speeds, distances, or what the other driver “must have been doing”

Insurance adjusters are trained to ask questions in a way that may minimize your injuries or shift blame. A simple comment such as “I’m feeling okay today” can be documented and later used to argue that you were not seriously hurt. For this reason, many people choose to speak with a lawyer before having detailed conversations or giving recorded statements to any insurer.

6. Avoid Common Mistakes That Can Hurt Your Claim

After a car accident, it is easy to make simple mistakes that can have serious consequences for your case. Being aware of these pitfalls can help you avoid them.

Common mistakes include:

• Delaying medical treatment: Waiting days or weeks to see a doctor can make it look like your injuries were minor or unrelated to the accident.
• Posting on social media: Photos, comments, or “check-ins” can be taken out of context and used to argue that you are less injured than you claim.
• Accepting an early settlement offer: Insurers often offer quick, low settlements before the full extent of your injuries is known. Once you accept, you typically cannot go back and ask for more.
• Missing medical appointments: Gaps in treatment can be used to suggest your injuries resolved quickly or were not serious.
• Giving recorded statements: These can be replayed and dissected by insurance lawyers and may be used to limit your recovery.
• Admitting fault at the scene: Even saying “I’m sorry” can sometimes be interpreted as an admission of liability.

If you are unsure about what to say or do at any point after the accident, it is wise to seek guidance from a personal injury attorney as soon as possible.

7. When You May File a Lawsuit in New York

Once your injuries meet the Serious Injury Threshold, you may be able to step outside New York’s no-fault system and file a lawsuit against the at-fault driver. This type of claim allows you to seek compensation for damages that PIP does not cover, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Future medical expenses
• Loss of earning capacity
• Permanent disability or impairment

New York also imposes strict deadlines, known as statutes of limitation. In many car accident injury cases, you generally have three years from the date of the crash to file a lawsuit. However, there are important exceptions.

For example, if your claim involves a public entity or government-operated vehicle, you may be required to file a Notice of Claim within as little as 90 days. Missing this notice deadline can severely limit your ability to recover compensation. Because of these time-sensitive requirements, speaking with an attorney early is critical.

8. How a New York Personal Injury Lawyer Can Help

Navigating medical treatment, no-fault benefits, and insurance negotiations while recovering from an injury is difficult to handle alone. An experienced New York personal injury lawyer can step in to protect your rights and manage the legal and insurance issues on your behalf.

When you work with Evan Goldberg Law, your attorney can:

• Conduct a detailed investigation of the accident
• Gather and preserve evidence, including photos, video, and witness statements
• Obtain and review police reports and medical records
• Work with experts such as accident reconstruction specialists and medical professionals
• Evaluate the full value of your damages, including future medical needs and lost earning capacity
• Handle all communication with insurance adjusters
• Negotiate for a fair settlement
• File a lawsuit and represent you in court if a fair settlement cannot be reached

Accident victims who are represented by an attorney typically recover more compensation than those who handle claims on their own. An attorney ensures that your claim is properly documented, your deadlines are met, and your best interests are protected at every stage.

9. Learn More About Your Rights After an Injury

If you would like to better understand your options after a car accident or other type of personal injury, you can explore these helpful resources on our website:

• Personal Injury Attorney Near Me
• Reasons to Hire a Personal Injury Lawyer
• How to Choose the Right Personal Injury Attorney in Rockland County
• What to Look for When Hiring a Personal Injury Attorney in Spring Valley

You can also learn more about our firm and approach on the About Us page, or reach out directly through our Contact Us page.

10. Contact a New York Car Accident Lawyer Today

If you were injured in a car accident in New York, you do not have to deal with the insurance company or legal process alone. At Evan Goldberg Law, we are committed to helping accident victims understand their rights, avoid common mistakes, and pursue the compensation they deserve.

We offer free consultations with no obligation. To discuss your situation with an attorney, call (845) 545-0448 or visit our Contact Us page to request a case review.

This article is intended for informational purposes only and does not constitute legal advice. For advice about your specific situation, please consult an attorney.