What to Do After a Car Accident in New York: Your Complete Checklist

QUICK SUMMARY — After an accident in New York:

1. Check for injuries and call 911

2. Move to safety

3. Exchange information — do not admit fault

4. Document the scene thoroughly

5. File MV-104 with NY DMV within 10 days ($1,001+ damage)

6. File a PIP claim with YOUR OWN insurance (no-fault system)

7. Seek medical attention within 72 hours

8. Determine if your injuries meet the “serious injury” threshold

Key difference: New York is a no-fault state. You file medical and lost-wage claims with your own insurance company through PIP (Personal Injury Protection), not the other driver’s — regardless of who caused the accident. New York’s PIP minimum of $50,000 is one of the highest in the country.

Step 1 — Check for Injuries and Call 911

Safety is the absolute first priority. Before thinking about insurance, fault, or vehicle damage, address the well-being of every person at the scene.

Check yourself and all passengers for injuries
Call 911 immediately if anyone is hurt or if there is any uncertainty about the severity of injuries
Do not attempt to move anyone who appears seriously injured unless there is an immediate danger such as fire, leaking fuel, or oncoming traffic
New York law (Vehicle and Traffic Law 600) requires you to stop at the scene and render reasonable assistance
Stay on the line with the 911 dispatcher and follow their instructions
In New York City, be aware that response times may vary depending on location and time — remain at the scene and continue to provide what assistance you can

Even for minor collisions, calling 911 is strongly recommended. The responding officer creates an official crash report, which is essential evidence for both your PIP claim and any potential liability action.

Leaving the scene of an accident involving personal injury is a class A misdemeanor in New York, and if the injury is serious, it can be a felony. Property-damage-only hit and run is also a criminal offense.

Step 2 — Move to Safety

Once immediate medical needs are addressed, prevent additional accidents.

Move drivable vehicles out of traffic lanes to the shoulder, a parking lot, or any safe area
Turn on hazard lights immediately
If vehicles cannot be moved, stay inside with seatbelts on and hazard lights flashing
Set up flares or reflective triangles if available, especially on highways like the Long Island Expressway, FDR Drive, BQE, or the New York State Thruway
Stay out of active traffic lanes — New York’s high-density traffic environment, particularly in the five boroughs, makes secondary crashes a significant risk
In NYC, be aware of bicyclists, pedestrians, and delivery vehicles that may approach the scene

Step 3 — Exchange Information

Once the scene is safe, collect detailed information from every other driver.

From each driver:

Full name, address, and phone number
Driver’s license number and state of issuance
Insurance company name and policy number
License plate number
Vehicle make, model, year, and color

From witnesses:

Names, phone numbers, and a summary of what they observed
Ask if they are willing to provide a written or recorded statement

From the responding officer:

Name, badge number, and precinct or department
Crash report number (the NYPD uses an “accident report number”)

Even though NY is no-fault, do not admit fault. While PIP covers medical expenses regardless of fault, fault still matters in two critical scenarios:

Property damage claims — vehicle repair costs follow fault-based rules
Serious injury claims — if your injury qualifies as “serious” under NY Insurance Law 5102(d), you can file a liability claim for pain and suffering, where fault determination is central

Stick to factual statements. Avoid “I’m sorry” or “I didn’t see you.”

Step 4 — Document Everything

Thorough documentation at the scene protects you whether your claim stays within the no-fault system or escalates to a liability action.

Photograph and video:

All vehicle damage from multiple angles (close-up and wide shots)
The overall scene showing vehicle positions, lanes, and intersections
Road conditions: potholes (common in NYC), wet pavement, ice, construction zones
Traffic signs, signals, stop lines, crosswalks, and lane markings
Skid marks, debris, broken glass, and fluid leaks
All license plates of involved vehicles
Weather and lighting conditions
Any visible injuries (bruises, cuts, swelling)

Write down:

Exact time, date, and location (cross streets, avenue numbers, block numbers)
Your detailed chronological account of the accident
Direction and approximate speed of each vehicle
Traffic density, road conditions, and visibility
Names of nearby businesses, buildings, or traffic cameras (NYC has an extensive camera network)

Preserve dashcam footage immediately. In disputed cases, dashcam or traffic camera footage can be decisive evidence.

In NYC: Note if the accident occurred in a school zone, construction zone, or near a bus stop — these factors can affect penalties and fault determination.

Step 5 — File the MV-104 Report

Deadline: 10 Days

You must file form MV-104 with the New York DMV within 10 days if:

Property damage exceeds $1,001 (to any one person’s property), OR
Anyone was injured or killed

How to File

File online through the NY DMV website (dmv.ny.gov)
You can also file by mail using a printed MV-104 form
The MV-104 asks for details about all vehicles, drivers, passengers, witnesses, and a description of what happened

Important Distinctions

The MV-104 is separate from the police crash report. Even if officers responded at the scene and filed their own report, you must independently file the MV-104 with the DMV.

Failure to file can result in suspension of your driver’s license.

Government Vehicle Claims — Special Deadline

If an NYC city vehicle, MTA bus, New York State vehicle, or any other government entity vehicle was involved, you must file a Notice of Claim within 90 days of the accident. This is a strict legal requirement under the General Municipal Law and Court of Claims Act. Missing this 90-day window can permanently bar your claim against the government entity.

Step 6 — File Your PIP Claim (No-Fault)

This is the most important step unique to New York. Under the no-fault system, you file medical and wage-loss claims with your own insurance company, not the other driver’s.

How PIP Works in New York

Contact your own insurance company immediately (not the other driver’s)
Request the PIP (Personal Injury Protection) application — often called the “NF-2” form in New York
Complete and submit the application along with your medical records and bills
PIP covers up to $50,000 (“Basic Economic Loss”) for:

Medical expenses — all necessary medical treatment related to the accident
Lost earnings — up to $2,000 per month for up to 3 years
Other reasonable and necessary expenses (household help, transportation to medical appointments)

PIP pays regardless of who caused the accident
Submit claims promptly — most policies have strict timelines for submitting medical bills (typically within 45 days of treatment)

Property Damage — Separate Process

Property damage claims (vehicle repairs) are fault-based in New York, even though medical claims are no-fault.

File with the at-fault driver’s insurance for vehicle repair costs, OR
File with your own collision coverage and let your insurer pursue reimbursement through subrogation

SUM (Supplementary UM/UIM) Coverage

New York requires insurers to offer SUM coverage (Supplementary Uninsured/Underinsured Motorist coverage). If the at-fault driver has no insurance or insufficient insurance and your injuries exceed the serious injury threshold, SUM coverage provides additional protection. Check your policy for your SUM limits.

Step 7 — Seek Medical Attention

See a doctor within 72 hours of the accident, even if you feel fine at the scene.

Common delayed-symptom injuries:

Whiplash: Neck and shoulder pain may not appear for 24-48 hours
Concussions: Headaches, confusion, dizziness, and memory issues can develop gradually
Internal bleeding: May show no external symptoms but can be life-threatening
Herniated discs: Back pain frequently worsens over days or weeks
Soft tissue injuries: Muscle and ligament damage may be masked by adrenaline

Why immediate medical treatment is especially important in New York:

Medical records serve two critical purposes:

For your PIP claim: Your insurer needs documented proof that medical expenses are related to the accident. Timely, continuous treatment strengthens your PIP claim
For the serious injury threshold: If your injury is severe enough to qualify as “serious” under NY Insurance Law 5102(d), you can file a liability claim for pain and suffering. Thorough medical documentation is essential to meeting this standard

Follow all recommended treatment. Keep a complete, organized file of every medical record, bill, imaging report, prescription, referral, and therapy note.

Understanding the “Serious Injury” Threshold

This is one of the most important legal concepts for New York accident victims. The no-fault system provides PIP benefits for basic economic losses, but to sue for pain and suffering, your injury must qualify as “serious.”

Qualifying Categories (NY Insurance Law 5102(d))

Death
Dismemberment — loss of a limb or body part
Significant disfigurement — visible, permanent scarring
Fracture — any bone fracture
Loss of a fetus
Permanent loss of use of a body organ, member, function, or system
Permanent consequential limitation of use of a body organ or member
Significant limitation of use of a body function or system
Non-permanent injury that prevents you from performing substantially all of your daily activities for at least 90 of the 180 days following the accident (the “90/180 rule”)

Why This Matters

If your injury does not qualify under one of these categories, the no-fault system is your only remedy for medical costs and lost wages (up to $50,000 PIP). You cannot sue the other driver for additional damages including pain and suffering.

If your injury does qualify, you can file a liability claim against the at-fault driver under pure comparative negligence (CPLR 1411) — meaning you can recover damages even if you were partially at fault, reduced by your fault percentage.

Your Rights Under New York Law

Fault System

New York is a no-fault state for medical expenses and lost wages (through PIP). Property damage and pain-and-suffering claims (when eligible) follow fault-based rules.

Pure Comparative Negligence

When injuries cross the serious injury threshold, New York applies pure comparative negligence (CPLR 1411). You can recover damages even if you are 99% at fault — your recovery is reduced by your fault percentage. This is the most plaintiff-friendly fault rule in the country.

Statute of Limitations

Personal injury: 3 years (CPLR 214)
Property damage: 3 years (CPLR 214)
Wrongful death: 2 years from the date of death
Government entity claims: 90 days Notice of Claim (General Municipal Law 50-e)

The 3-year PI deadline is longer than many other states. However, the 90-day government claim notice is extremely short.

Minimum Insurance Requirements

Bodily injury liability: 25/50 ($25,000 per person, $50,000 per accident)
Property damage liability: $10,000
PIP (Basic Economic Loss): $50,000 — one of the highest PIP minimums in the US
Death benefits: $2,000 per person
SUM (Supplementary UM/UIM): Required to be offered; minimum 25/50

Common Mistakes to Avoid After a New York Car Accident

Filing medical claims with the other driver’s insurer — In NY’s no-fault system, medical expenses go through your own PIP. The other driver’s insurer handles vehicle damage
Missing the MV-104 filing deadline — You have 10 days. Failure to file can result in license suspension
Not understanding the serious injury threshold — Many accident victims do not realize they need to meet this standard to sue for pain and suffering
Missing the 90-day Notice of Claim — If a government vehicle was involved, this deadline is absolute
Admitting fault — Fault matters for property damage claims and any serious-injury liability claims
Delaying medical treatment — Gaps in treatment weaken both PIP claims and any future serious injury arguments
Posting on social media — Insurance adjusters review social media accounts for evidence to undermine claims
Accepting the first settlement offer — Initial offers are typically below the claim’s actual value
Not submitting PIP medical bills promptly — Most policies require bills to be submitted within 45 days of treatment
Ignoring SUM coverage options — SUM coverage can be critical if the at-fault driver is uninsured or underinsured

Frequently Asked Questions

Do I file with my insurance or the other driver’s?

Medical bills and lost wages: File with your own insurance through PIP (no-fault). Vehicle damage: File with the at-fault driver’s insurance (fault-based). Pain and suffering: Only available if your injury meets the “serious injury” threshold — then file against the at-fault driver’s insurer.

What is the serious injury threshold in New York?

Under NY Insurance Law 5102(d), you must have a qualifying injury to sue for pain and suffering. Qualifying injuries include fractures, dismemberment, permanent injury or limitation, significant disfigurement, loss of a fetus, or a non-permanent injury that prevents you from performing substantially all daily activities for 90 of the 180 days following the accident.

How long do I have to file reports and claims?

MV-104 with DMV: 10 days. PIP application: Submit promptly (most insurers have specific timeframes). Medical bills for PIP: Typically within 45 days of treatment. Lawsuit: 3 years for PI and PD. Government claims: 90-day Notice of Claim.

How long do I have to file a lawsuit in New York?

3 years for both personal injury and property damage (CPLR 214). For wrongful death, the deadline is 2 years from the date of death. For claims against government entities, you must file a Notice of Claim within 90 days.

What if a city bus or government vehicle was involved?

You must file a Notice of Claim within 90 days of the accident under the General Municipal Law. This applies to NYC vehicles, MTA buses, state vehicles, and other government entities. Missing this deadline can permanently bar your claim, regardless of the 3-year general statute of limitations.

How much does PIP cover in New York?

New York PIP covers up to $50,000 in Basic Economic Loss, including all necessary medical expenses, lost earnings up to $2,000/month for up to 3 years, and other reasonable expenses. This coverage applies regardless of who caused the accident.

What if I was partly at fault?

New York uses pure comparative negligence (CPLR 1411) for liability claims. If your injury qualifies as “serious,” you can recover damages even if you were 99% at fault — your recovery is reduced by your fault percentage. This is the most favorable fault rule for accident victims.

Related Guides

Get Help With Your New York Claim

If you were in a car accident in New York and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in New York are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given New York’s pure comparative fault system
The New York statute of limitations for personal injury (3 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)
Your injuries exceed New York’s no-fault / PIP threshold and you want to step outside the no-fault system

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-03

Sources: CPLR 1411 (Pure Comparative Negligence); NY Insurance Law § 5102 (No-Fault definitions / Serious Injury); NY Insurance Law § 5103 (PIP requirements); NY Vehicle & Traffic Law § 605 (Reporting); NYSDOT Crash Data

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.