What Should I Do After a Car Accident in New York?

The moments after a car accident are disorienting. Adrenaline is running high, you may be in pain, and the other driver may already be approaching you with a version of events that benefits them. Knowing exactly what to do — and what not to do — in the immediate aftermath protects both your safety and your legal rights.

Step 1: Check for Injuries and Call 911

Your first obligation is to your safety. Check yourself and your passengers for injuries before anything else. If anyone is injured — including you — call 911 immediately.

In New York, you are required by law to report an accident to police when:

• Any person is injured or killed
• Property damage appears to exceed $1,000

Even when injuries seem minor, call 911 and request both police and EMS. A police report creates an independent record of the accident that an attorney can rely on later. Without it, the facts of the accident become a credibility contest between you and the other driver.

Never move seriously injured persons unless there is an immediate hazard (fire, traffic hazard) — improper movement can worsen spinal injuries.

Step 2: Move to Safety and Protect the Scene

If the vehicles are driveable and pose a traffic hazard, New York law allows you to move them to the shoulder. Activate your hazard lights, set out road flares or emergency triangles if available, and stay out of active traffic lanes.

Do not, however, leave the scene. Leaving the scene of an accident involving injury is a criminal offense in New York (Vehicle and Traffic Law § 600).

Step 3: Document Everything at the Scene

Before vehicles are moved (or as soon as it is safe), document the scene thoroughly with your phone:

• Photograph all vehicles from multiple angles, showing damage to all involved vehicles
• Photograph the road conditions — wet pavement, ice, potholes, missing signage, tire marks
• Photograph license plates of all vehicles involved
• Photograph traffic signals and signs in the area
• Photograph your injuries — even if they appear minor at the scene
• Record a brief video of the entire scene, narrating what you observe

These photographs are evidence that cannot be recreated later. Skid marks fade. Vehicle damage is repaired. The scene changes within hours.

Step 4: Exchange Information — But Limit What You Say

Exchange the following with the other driver:

• Full legal name and contact information
• Driver’s license number and state of issuance
• License plate number
• Insurance company name and policy number
• Vehicle registration information

What not to say: Do not admit fault, apologize, or speculate about what happened — even casually. Statements like “I didn’t see you” or “I’m so sorry” can be used against you. Limit your communication to exchanging required information.

Do not sign anything the other driver or their insurer presents at the scene.

Step 5: Gather Witness Information

If bystanders witnessed the accident, get their names and contact information before they leave. Witnesses who have no stake in the outcome provide some of the most credible testimony in liability disputes. They are not always easy to locate weeks later, and their memory will be freshest immediately after the accident.

If there are nearby businesses — gas stations, restaurants, retail stores — they may have exterior security cameras that captured the accident. Note these locations so an attorney can send a preservation letter promptly.

Step 6: Seek Medical Attention Immediately

Even if you feel fine at the scene, seek medical evaluation within 24–48 hours of the accident. This is one of the most important steps you can take for both your health and your legal claim.

The physiology of trauma works against you here. Adrenaline released during a crash suppresses pain signals. Whiplash, soft-tissue injuries, and even some concussions may not produce obvious symptoms for 24–72 hours after the accident. By the time symptoms appear, the delay gives the insurance company an opening to argue that you were not seriously injured — or that a later incident caused your injuries, not the accident.

A gap between the accident and your first medical visit is one of the most common arguments insurers use to reduce the value of your claim. Seeking care promptly helps avoid that argument.

In New York, your own No-Fault (Personal Injury Protection) insurance pays up to $50,000 for your medical expenses and 80% of lost wages regardless of who caused the accident — but you must apply within 30 days. Your medical provider or an attorney can often help with this paperwork.

Step 7: Report the Accident to Your Insurance Company

New York law requires prompt notice to your insurer. Your policy almost certainly contains a timely-reporting requirement, and failing to report can give the insurer grounds to disclaim coverage.

Report the accident factually — the when, where, and who — without speculating about fault or minimizing your injuries. Tell them you have retained or are consulting an attorney, at which point they should direct further communications to your attorney’s office.

Step 8: Do Not Give a Recorded Statement to the Other Driver’s Insurer

The at-fault driver’s insurance company will likely call you quickly to take a recorded statement. You are not required to provide one, and doing so without legal advice can harm your claim.

Adjusters ask questions that can surface inconsistencies, elicit admissions of fault, or lead you to minimize your injuries before you fully understand their extent. Politely decline and state that you are represented by — or in the process of retaining — an attorney.

Step 9: Preserve Evidence and Start a Documentation Record

Begin a personal injury journal the same day as the accident. Date each entry and record:

• Pain level (use a 1–10 scale)
• What activities you could not do that day (work, household tasks, exercise, social activities)
• How you felt emotionally — anxiety, inability to sleep, depression
• Every medical appointment, including the provider, what was discussed, and any new diagnoses or treatment prescribed
• Every day of work missed

This journal becomes evidence of your non-economic damages — the pain and suffering, loss of enjoyment of life, and emotional toll that do not show up on a medical bill.

Step 10: Contact a Personal Injury Attorney Before Accepting Any Offer

Insurance companies often make early settlement offers that seem reasonable but may fall below the full value of a claim — particularly before the full extent of your injuries is known. Once you accept a settlement and sign a release, you cannot seek additional compensation, even if your injuries prove more serious than initially apparent.

A brief conversation with an attorney before engaging with the insurer can help you understand your options before you commit to anything.

Seraj Law takes personal injury matters from people throughout Albany, Schenectady, Troy, Saratoga Springs, and the Capital Region. Contact us after your accident to ask about a free consultation.

Personal injury matters are handled on a contingency-fee basis under a written retainer agreement: no attorney fee is charged if there is no recovery. You may still be responsible for court costs and case expenses, and the retainer agreement states whether those are deducted before or after the fee is calculated.