What To Do Immediately After a Car Accident
In the moments after a car accident, the priority is your health and safety.
Move to a Safe Location
In the moments after a car accident, move yourself to a safe location away from traffic. Turn on your hazard lights to alert others around you, and check yourself and any passengers for injuries. If someone else is seriously injured, do not move them unless there is an immediate danger, such as a fire or oncoming traffic, as moving them can worsen their injuries.
Get Immediate Medical Attention
Call emergency services and let them know if anyone sustained injuries and requires an ambulance. Never assume your injuries are minor. In many cases, symptoms do not appear immediately, like a concussion, whiplash, or internal bleeding. Having paramedics evaluate you at the scene or seeing a doctor as soon as possible can help rule out invisible injuries and provide proper medical care.
Call 911 and Report the Accident
Call 911 to report the accident to the police. New York law requires a police report to be filed if an accident caused injuries or significant property damage. Request a copy of the police report as soon as possible to use as evidence in a potential claim. While talking to the police and other parties on scene, do not admit fault or discuss the details of the accident. This can lead to accidental admissions of fault that may diminish your right to compensation.
Collect Evidence and Documentation at the Scene
While you are still at the accident scene, ask for information from the other drivers involved, including their names, phone numbers, and insurance. Request contact information from any witnesses, as these testimonies can help strengthen a claim.
Get details of the vehicles involved, such as the make, model, year, color, license plate, and VIN. Any other photo evidence, such as vehicle damage, road conditions, traffic signals, debris, and skid marks, can help show what happened at the time of the accident. Note any traffic cameras or dashcams that could provide footage as well.
What To Do During the First 24-48 Hours After an Accident
Once your safety is taken care of, you’ll want to start considering your car accident claim.
Contact Your Insurance Company
Create Documentation of Your Injuries
Steps To Take in the Days and Weeks After a Car Accident
To get the best possible compensation for your injuries, there are a few steps to keep in mind.
Stay Consistent With Medical Treatment
Prepare Documentation for Evidence
Document every injury-related treatment you receive, including the dates, providers, types of care, and costs. Medical care can consist of ambulance fees, medications, physical therapy, surgeries, hospital stays, and more.
Using a folder can be an excellent way to organize your documents and prepare for filing a claim. Collect a copy of the accident report, insurance information, all medical bills, and any other receipts that you incurred from your damages.
Also, keep a record of lost wages from missed work during recovery. You can show this with pay stubs and employer statements. Lastly, document damage to your property through repair estimates and photos.
Legal Deadlines That Can Impact Your Claim
| Deadline Window | Action Required under NY Law | Consequences of Missing It |
|---|---|---|
| Within 10 Days | File Form MV-104 with NYS DMV (if injury or damage greater than $1,000 occurs). | Driver's license suspension. |
| Within 30 Days | Submit a formal NF-2 No-Fault Application to the auto insurer. | Loss of PIP coverage for medical bills and lost wages. |
| Within 90 Days | File a formal Notice of Claim (if a government entity was involved). | Barred from suing the city or municipal agency. |
| Within 3 Years | File a personal injury lawsuit against a private driver. | Loss of legal right to recover compensation in court. |
Avoid Social Media Posts About Your Car Accident
Do not post photos, videos, or detailed descriptions about your accident to social media. This includes Facebook, Instagram, TikTok, and any other platforms, whether private or public. Posts about your injuries, case updates, and even your personal life can harm a claim.
For example, an image of you hiking or exercising could be used to diminish the severity of your injuries. Insurance companies monitor social media for ammunition to deny and reduce claims, so it is always best to minimize posting during this period.
How To Know When an Attorney Could Be Beneficial
A car accident attorney can be helpful in any case, whether minor or catastrophic. However, there are some unique factors that could necessitate legal representation for your claim:
- You suffered an injury, even if it initially seemed minor.
- The other driver disputes fault or refuses to provide insurance information.
- The insurer delays your claim, denies coverage, or offers less than your losses may warrant.
- Your medical expenses exceed your available no-fault insurance benefits.
- You are uncertain about your rights, the value of your claim, or what to do next.
Get in Touch With the Sanders Law Firm Today
At The Sanders Law Firm, we handle insurance company communications, calculate your claim’s potential value, and challenge settlement offers that do not fairly reflect your losses. If the insurer refuses to make a reasonable offer, our attorneys can prepare your case for litigation.
We operate out of several New York locations and work on a contingency-fee basis, so you do not pay attorney’s fees unless we recover compensation for you. Call our law office at (833) SANDERS to schedule a free consultation and discuss your legal options today.