If you are hurt in a New York State car accident, the steps you should take are the same no matter where you are. Stop at the scene, call 911, get medical care the same day, photograph everything, report the crash to the DMV within 10 days if anyone was hurt or damage tops $1,000, and file your no-fault application within 30 days. This guide walks through each step and the law behind it.
Car accidents are common. It is easier to deal with the aftermath of a motor vehicle accident if you are prepared for a worst case scenario. Here are some suggestions:
- Always wear your seat belt.
- Make sure you are not engaging in any of the most dangerous driving behaviors.
- Check your car to see if it is in proper working condition before you drive. For example: working lights and blinkers, good tires, and safe level of fuel..
- Always have your license, registration, and insurance card in a safe and easily accessible location.
- Have a safety kit in your car.
- Be a courteous and safe driver.
Even if you are a safe driver, you cannot predict or control how others drive around you. If you ever find yourself in a car accident, here is what to do, step by step, starting at the scene.
Step 1. Stop at the scene and call 911
New York law requires every driver involved in a crash to stop. Under Vehicle and Traffic Law 600, you must stop, show your license and insurance card, and exchange your name, address, and insurance information with the other driver. Leaving the scene of an injury crash is a misdemeanor and can rise to a felony if someone is seriously hurt. Call 911 if anyone may be injured. The police report that follows becomes the foundation of your claim.
Step 2. Get medical care the same day
See a doctor the day of the crash, even if you feel mostly fine. Adrenaline masks pain, and whiplash, concussions, and soft tissue injuries often surface a day or two later. A same-day medical record ties your injuries to the crash, which matters both to the no-fault insurer that pays your bills and to any later injury claim. If symptoms appear after you get home, seek medical care as soon as they do and tell the provider you were in a car accident.
Step 3. Document everything you can
- Photograph all vehicles, license plates, the roadway, skid marks, debris, traffic signals, and your visible injuries.
- Get names and phone numbers from every witness before they leave.
- Note the time, weather, and exact location, and save any dashcam footage the same day.
- Keep every bill, receipt, and work absence record that follows the crash.
Step 4. Report the crash to the DMV within 10 days
Under Vehicle and Traffic Law 605, you must file a written report with the DMV within 10 days whenever anyone is killed or injured, or when any one person suffers property damage over $1,000. The form is the MV-104. Skipping it is a misdemeanor and can lead to license suspension, so file it even for what looks like a minor crash.
Step 5. File your no-fault application within 30 days
New York is a no-fault state. Your own auto insurer pays your crash-related medical bills and a share of lost earnings regardless of who caused the collision, through the benefits defined in Insurance Law 5102 and Insurance Law 5103. Basic no-fault covers up to $50,000 per person, including necessary medical treatment and 80 percent of lost earnings up to $2,000 per month. The no-fault application, Form NF-2, generally must reach the insurer within 30 days of the crash. Miss the window and the insurer can deny benefits, so this deadline comes first.
Step 6. Be careful with the other driver’s insurance company
Notify your own insurer promptly. When the other driver’s insurer calls, you are not required to give a recorded statement, and you should not give one before speaking with a lawyer. Adjusters are trained to lock you into early answers about fault and injuries, before you know the full extent of either. Decline politely, share only basic identifying details, and stay off social media while your claim is open.
When can you sue? The serious injury threshold
No-fault pays for bills but not pain and suffering. To bring an injury lawsuit against the at-fault driver, your injuries must meet New York’s serious injury threshold defined in Insurance Law 5102(d), which includes fractures, significant disfigurement, and injuries that prevent your usual daily activities for 90 of the first 180 days. Our guide to what counts as a serious injury explains each category.
What if the crash was partly your fault?
New York applies comparative fault under CPLR 1411. A jury assigns each driver a percentage of fault and reduces your damages by your share. Suppose your damages are $100,000 and you are found 20 percent at fault for following too closely while the other driver ran a red light. You would recover $80,000. A 2026 amendment to CPLR 1411 added a limit for motor vehicle injury cases. If your share of fault is greater than the share of the driver or drivers you are suing, recovery is barred entirely. In practice, a driver found more than 50 percent at fault in a car accident lawsuit now recovers nothing, while a driver found 50 percent or less at fault still recovers a reduced award.
The deadlines at a glance
- No-fault application (Form NF-2). Generally due to the no-fault insurer within 30 days of the crash.
- DMV crash report (Form MV-104). Due within 10 days when anyone is injured or property damage for any one person exceeds $1,000.
- Injury lawsuit. Generally due within three years after the crash under CPLR 214(5). Our guide to the three-year clock covers the exceptions.
- Claims against a city, town, or county. A notice of claim is generally required within 90 days.
When to call a lawyer
Call one early if anyone was hurt, if fault is disputed, if a rideshare, truck, bus, or government vehicle was involved, or if an insurer offers a quick settlement. A lawyer preserves evidence, handles the adjusters, and files everything on time. William Mattar Accident Lawyers handles motor vehicle accident cases across New York State from locations in Buffalo, Rochester, Syracuse, Albany, and on Long Island, and an initial case review is free.
**If you are not sure what your next steps should be or want more information, visit our website or call us for a free consultation. At William Mattar Accident Lawyers, we have the No Fee Until We WinSM. And that means you can afford our help. Our car accident lawyers work on a contingency fee basis so you don’t have to worry about attorneys’ legal fees upfront—we don’t get paid unless you collect money.
Frequently asked questions
Do I have to call the police after a car accident in New York State?
If anyone is injured, Vehicle and Traffic Law 600 requires you to stop, exchange information, and report the crash to the police if no officer is at the scene. Even in a property-damage crash, calling 911 is the safer course. The resulting police report documents the scene and often records fault-related details you will need later.
How long do I have to file a no-fault claim in New York?
You generally have 30 days from the crash to submit the NF-2 no-fault application to the responsible insurer. Late filings can be excused only with a reasonable justification, so treat 30 days as the rule.
Should I give the other driver's insurance company a recorded statement?
No. You have no obligation to give a recorded statement to the other driver's insurer, and early statements are often used to minimize your claim. Speak with a lawyer before giving any statement about fault or injuries.
How long do I have to file a car accident lawsuit in New York State?
Generally three years from the date of the crash under CPLR 214(5). Shorter deadlines apply when a municipality or government vehicle is involved, where a notice of claim can be due within 90 days.