The moments after a car accident can be chaotic and overwhelming. Your actions in this critical time can significantly affect your health, your legal rights, and your ability to recover compensation for your injuries. This guide outlines the essential steps to take after a car accident in New York.
Step 1: Check for Injuries and Get to Safety
Your first priority is safety. Check yourself and your passengers for injuries. If anyone is seriously hurt, try to remain still and wait for emergency medical personnel unless there is an immediate danger such as fire.
If the accident is minor and vehicles are operable, New York law requires you to move them out of the flow of traffic if it can be done safely. Turn on your hazard lights to alert other drivers.
Step 2: Call 911
Call 911 to report the accident and request medical assistance if needed. In New York, you are required to report any accident resulting in injury, death, or property damage exceeding $1,000 to the police.
The responding officers will create an official accident report documenting the scene, statements from drivers and witnesses, and their observations. This report becomes important evidence for your claim.
When speaking with police, be truthful but do not speculate about fault or admit blame. Stick to the facts of what happened.
Step 3: Exchange Information
Exchange the following information with all other drivers involved:
- Name, address, and phone number
- Driver’s license number
- Insurance company and policy number
- License plate number
- Vehicle make, model, and color
If there are passengers in the other vehicles, get their names and contact information as well. If the other driver refuses to provide information, note their license plate and report this to the police.
Step 4: Document the Scene
If you are physically able, document the accident scene thoroughly:
Take Photographs: Capture images of all vehicles from multiple angles, showing damage. Photograph the overall scene, including traffic signs, signals, road conditions, skid marks, debris, and weather conditions.
Record Video: A video walkthrough of the scene can capture details that photographs miss.
Note Details: Write down the time, location, direction of travel, and any factors that may have contributed to the accident, such as sun glare, obstructed views, or construction.
This evidence can be critical in proving liability and supporting your claim.
Step 5: Get Witness Information
If anyone witnessed the accident, ask for their name and contact information. Witness statements can corroborate your account of what happened and strengthen your case.
Step 6: Seek Medical Attention
Even if you feel fine, see a doctor as soon as possible after an accident. Some injuries, including whiplash, traumatic brain injuries, and internal injuries, may not produce immediate symptoms.
Prompt medical attention:
- Ensures injuries are identified and treated early
- Creates a medical record linking your injuries to the accident
- Prevents insurance companies from claiming your injuries were caused by something else
Follow all treatment recommendations and attend all follow-up appointments. Gaps in treatment can be used against you.
Step 7: Notify Your Insurance Company
Report the accident to your insurance company as required by your policy. New York is a no-fault state, meaning your own insurance will cover certain medical expenses and lost wages regardless of fault, up to your policy limits.
When reporting the accident:
- Stick to the basic facts
- Do not accept blame or speculate about fault
- Do not accept a settlement offer without understanding the full extent of your injuries
Be cautious when speaking with the other driver’s insurance company. Their goal is to minimize what they pay, and anything you say can be used against you.
Step 8: Keep Records
Start a file to organize all documents related to your accident:
- Police report
- Medical records and bills
- Prescription receipts
- Photographs and videos
- Witness contact information
- Correspondence with insurance companies
- Pay stubs or documentation of missed work
- A journal documenting your pain, symptoms, and limitations
Thorough documentation supports your claim for both economic and non-economic damages.
Step 9: Consult with a Personal Injury Attorney
Before accepting any settlement offer, consult with an experienced car accident lawyer. Insurance companies often make quick, lowball offers hoping victims will accept before understanding the true value of their claims.
An attorney can:
- Evaluate your case and explain your legal options
- Handle communications with insurance companies
- Investigate the accident and gather additional evidence
- Calculate the full value of your claim, including future expenses
- Negotiate for fair compensation or take your case to trial if necessary
What NOT to Do After an Accident
Avoid these common mistakes that can hurt your claim:
- Do not leave the scene before exchanging information and speaking with police
- Do not admit fault or apologize, even if you think you may have contributed to the accident
- Do not give recorded statements to insurance companies without legal advice
- Do not post on social media about your accident, injuries, or activities
- Do not sign anything from an insurance company without consulting an attorney
- Do not delay medical treatment or skip appointments
We Can Help
If you have been injured in a car accident in New York, the attorneys at Isaacson, Schiowitz & Korson, LLP can help you navigate the claims process and fight for fair compensation. We represent accident victims in Manhattan, the Bronx, Staten Island, Nassau County, Rockville Centre, and throughout the state.
Contact us today for a free consultation.
