19 Mar What to Do After a Car Accident in New York

What to Do After a Car Accident in New York

The moments after a car accident can be chaotic and overwhelming. Shock, adrenaline, and confusion can make it difficult to think clearly. But what you do — and what you don’t do — in the immediate aftermath can have a profound impact on your health, your insurance claim, and your potential personal injury lawsuit. If you have been in a car accident in New York, follow these steps to protect yourself and your legal rights.

Step 1: Check for Injuries and Call 911

Your first priority is safety. Check yourself and any passengers for injuries. If anyone is hurt or if there is significant property damage, call 911 immediately. In New York, the law requires you to report an accident involving injury, death, or property damage exceeding $1,000. When police arrive, they will create an official accident report — a critical document for your insurance claim and any personal injury lawsuit.

Step 2: Move to Safety and Exchange Information

If it is safe to do so, move your vehicle to the shoulder or a nearby parking lot to prevent additional collisions. Exchange names, contact information, driver’s license numbers, and insurance information with all other drivers involved. If there are witnesses, collect their names and contact information as well — witness testimony can be valuable in establishing what happened and who was at fault.

Step 3: Document the Scene

Before any vehicles are moved or conditions change, use your phone to thoroughly document the accident scene. Photograph all vehicles from multiple angles, showing the damage sustained. Photograph skid marks, debris, road conditions, traffic signals, and any other relevant features of the scene. Photograph any visible injuries. Take notes about the time, date, location, weather conditions, and how the accident occurred. This contemporaneous documentation is far more reliable than memory alone and can be crucial evidence later.

Step 4: Seek Medical Attention Immediately

Even if you feel fine, seek medical attention as soon as possible after the accident — ideally on the same day. Many injuries, including whiplash, concussions, and internal injuries, may not present symptoms immediately due to the adrenaline and shock of the accident. A medical provider will document your injuries and their connection to the accident, which is essential for your claim. Delaying medical care gives insurance companies grounds to argue that your injuries were not serious or were not caused by the accident.

Step 5: Notify Your Insurance Company

Report the accident to your own insurance company as soon as possible. Under New York’s no-fault system, your own insurer is responsible for your initial medical expenses and lost wages regardless of fault. However, be careful about what you say — stick to the basic facts and avoid speculating about fault or the extent of your injuries. Do not give a recorded statement to the other driver’s insurance company before consulting with an attorney.

Step 6: Preserve All Evidence and Records

Keep copies of all accident-related documents, including the police report, medical records and bills, insurance correspondence, and receipts for any accident-related expenses. Preserve any damaged property, including your vehicle — don’t agree to have it repaired or disposed of before an inspection by an expert or adjuster. Save any clothing or personal items damaged in the accident.

Step 7: Consult a Car Accident Attorney

If you suffered any injuries in the accident, consult with a car accident attorney before settling your claim. Insurance companies routinely offer quick, low settlements that don’t begin to cover the true cost of an injury. An experienced car accident attorney can evaluate your claim, advise you on its true value, and negotiate aggressively to maximize your recovery. At Tannenbaum, Bellantone & Silver, P.C., we offer free consultations and handle car accident cases on a contingency fee basis — you pay nothing unless we win. Contact us today.