What to Do After a Car Accident in New York: Step-by-Step Checklist (2026)

# 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
> 4. Document the scene
> 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

**Key difference:** New York is a **no-fault state**. You file medical and lost wage claims with **your own insurance** (PIP), not the other driver’s — regardless of who caused the accident.

—

## Step 1 — Check for Injuries and Call 911

– Check yourself and passengers
– Call 911 if anyone is hurt
– Do not move seriously injured people unless immediate danger
– New York law requires stopping and rendering reasonable assistance

—

## Step 2 — Move to Safety

– Move vehicles out of traffic if safe and drivable
– Turn on hazard lights
– Stay out of traffic lanes

—

## Step 3 — Exchange Information

Collect from the other driver:
– Full name, contact info, driver’s license number
– Insurance company and policy number
– License plate number, vehicle details

Get witness names and phone numbers.

**Even though NY is no-fault, do not admit fault.** If your injury qualifies as “serious,” you may need to file a liability claim where fault matters.

—

## Step 4 — Document Everything

– Photos of all vehicle damage from multiple angles
– Road conditions, traffic signs, signals
– Skid marks, debris, lane markings
– Your injuries
– Weather and lighting conditions

Write down time, date, exact location, and your account.

—

## Step 5 — File the MV-104 Report

File **MV-104** with the NY DMV within **10 days** if:
– Property damage exceeds **$1,001**
– Anyone was injured or killed

This is **separate from the police report**. File online through the NY DMV website.

**Government vehicle claims:** If an NYC, MTA, or state vehicle was involved, you must file a **Notice of Claim within 90 days**.

—

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

**This is the most important step unique to New York.** Under the no-fault system:

1. Contact **your own insurance company** (not the other driver’s)
2. File a **PIP (Personal Injury Protection)** claim
3. PIP covers up to **$50,000** for:
– Medical expenses
– Lost earnings (up to $2,000/month)
– Other reasonable expenses
4. PIP pays **regardless of who caused the accident**
5. File promptly — most policies require timely notification

**For property damage:** This is fault-based. File with the at-fault driver’s insurer for vehicle repairs.

—

## Step 7 — Seek Medical Attention

– See a doctor even if you feel fine
– Delayed-symptom injuries: whiplash, concussions, internal injuries
– Medical records are critical for your PIP claim **and** for qualifying under the “serious injury” threshold if you need to file a liability claim

—

## Your Rights Under New York Law

– **No-fault state** — your PIP covers medical/lost wages regardless of fault
– **Pure comparative negligence** — if injury is “serious,” you can sue at any fault level
– **Serious injury threshold** — must qualify to sue for pain and suffering
– **Statute of limitations:** 3 years PI, 3 years PD
– **Government claims:** 90-day Notice of Claim
– **Minimum insurance:** 25/50/10 + $50,000 PIP

Full guide: [New York Car Accident Laws](/new-york/car-accident-laws/)

—

## What NOT to Do

– Do not leave the scene
– Do not admit fault — it matters if you later file a liability claim
– Do not post on social media
– Do not skip PIP filing — this is your primary coverage
– Do not skip medical treatment — it weakens both PIP and potential liability claims
– Do not miss the 90-day Notice of Claim if a government vehicle was involved

—

## Frequently Asked Questions

### Do I file with my insurance or the other driver’s?
**Medical bills and lost wages:** Your own PIP (no-fault). **Vehicle damage:** The at-fault driver’s insurance (fault-based). **Pain and suffering:** Only if injury is “serious.”

### What is the serious injury threshold?
You must have a qualifying injury (fracture, dismemberment, permanent injury, etc.) to sue for pain and suffering. See NY Insurance Law § 5102(d).

### How long do I have to file?
3 years for personal injury and property damage. **90 days** for government entity claims (Notice of Claim).

—

## Related Guides

– [How to File an Insurance Claim in New York](/new-york/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in New York?](/new-york/do-i-need-a-lawyer/)
– [New York Car Accident Laws](/new-york/car-accident-laws/)

—

**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. 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: March 2026.