The hours right after a crash shape your whole claim. Here's a calm, practical checklist for protecting your health and your case.
A car accident is disorienting. Adrenaline masks pain, phones come out, and an insurance adjuster may call before the day is over. What you do in the first 24 hours has an outsized effect on both your recovery and any claim you later bring. Here is a clear, practical order of operations for New York drivers and passengers.
1. Get to safety and call 911
If it is safe, move vehicles out of traffic. Call 911 for any injury. A police report creates an official, contemporaneous record of the crash — one of the most valuable pieces of evidence a claim can have. Always request that officers respond, even for a seemingly minor collision.
2. Get medical care — even if you feel 'fine'
Many serious injuries, including concussions, soft-tissue damage, and internal injuries, do not show symptoms for hours or days. See a doctor the same day. Beyond your health, a gap between the crash and your first treatment is the single most common argument an insurer uses to claim you were not really hurt.
In New York, your own auto policy pays initial medical bills through no-fault (PIP) benefits — but the application generally must be filed within 30 days of the accident. Do not let this deadline slip.
3. Document everything you can
If you are physically able, photograph the vehicles, the damage, the road, traffic signals, skid marks, and your visible injuries. Get the other driver's license, registration, and insurance information, and the names and numbers of any witnesses. Write down your own memory of what happened while it is fresh.
4. Be careful what you say
Do not apologize or speculate about fault at the scene — a stray 'I'm sorry' can be twisted into an admission. If the other driver's insurer calls, you are not required to give a recorded statement, and you should not agree to one before speaking with a lawyer. Early statements are routinely used to reduce or deny claims.
5. Know the deadlines that follow
Most New York car-accident lawsuits must be filed within three years, but if a city bus, the MTA, or another public entity was involved, you may need to file a formal Notice of Claim within 90 days. Because those windows are short and evidence disappears quickly, it is wise to speak with an attorney early — even just to understand your options.
You do not have to navigate this alone, and asking questions costs nothing. A short phone call can tell you whether you have a case and what to protect while it is still protectable.