Introduction
In 2023, New York State reported more than 300,000 motor vehicle accidents, with thousands resulting in serious injuries and fatalities. On crowded city streets and highways alike, crashes happen fast—and what you do in the critical moments afterward can affect both your physical recovery and your ability to receive fair compensation.
1. Prioritize Safety and Medical Care
Check yourself and others for injuries immediately and call 911. New York requires drivers to report accidents involving injury or death to law enforcement. Even if injuries seem minor, conditions like concussions, whiplash, or spinal trauma can appear later. Immediate medical attention not only protects your health but also creates a vital record for your legal claim.
2. Document the Scene Carefully
If safe, use your phone to capture clear, timestamped photos of vehicle damage, roadway conditions, traffic lights, and any visible injuries. Exchange information with all drivers involved and gather witness statements when possible. Strong documentation from the start strengthens your case and avoids disputes later.
3. File a Police Report
In New York, a police report must be filed if anyone is injured, killed, or if property damage exceeds $1,000. This report becomes a key piece of evidence for both insurance and potential litigation, offering an official account of the crash circumstances.
4. Be Cautious with Insurance Communications
Notify your insurance company promptly, but keep your statement short and factual. Avoid admitting fault or speculating about liability. Provide the basics and consult with an attorney before offering any detailed explanation.
5. Understand New York’s No-Fault Insurance System
New York is a “No-Fault” state. That means your own Personal Injury Protection (PIP) coverage pays for medical expenses and lost wages, regardless of fault, up to the statutory limit (generally $50,000). However, to pursue additional compensation—such as for pain and suffering—you must meet New York’s “serious injury threshold.” This includes significant disfigurement, bone fractures, permanent limitations, or being disabled for at least 90 of the 180 days following the accident.
6. Engage Qualified Legal Counsel Early
New York’s insurance and threshold laws are complex, and missing a deadline can harm your claim. A skilled attorney ensures your rights are protected, evidence is preserved, and your claim reflects the full scope of your damages—from emergency medical costs to long-term rehabilitation, lost income, and emotional impact.
Conclusion
After a car accident in New York, the steps you take immediately can shape your health, financial stability, and legal options. Seek medical attention, document the scene, follow reporting requirements, and speak with an experienced attorney as soon as possible.
If you’re uncertain how to move forward, Trauma Justice Group is ready to provide clear, compassionate, and knowledgeable guidance—protecting your rights every step of the way.
