Being in an auto accident is a traumatic event, but knowing the right steps to take immediately afterward can make a significant difference in your safety and your future legal claim. Drawing on guidance from the New York State Bar Association, we’ve put together a crucial guide for New York drivers. Following these steps can protect your rights and ensure you get the support you need.

The first thing to do after an accident is to make sure you and anyone else involved are safe.

• Move to Safety: If possible, move your vehicle to a safe location away from traffic. If the vehicle is inoperable, turn on your hazard lights.
• Check for Injuries: Check on yourself and your passengers. If anyone is injured, call 911 immediately. Do not attempt to move an injured person unless they are in immediate danger.

New York law requires you to take specific actions at the scene of an accident.

• Call the Police: You must call the police if anyone is injured or killed, or if there is more than $1,000 in property damage. The police report is a vital piece of evidence.
• Exchange Information: You are legally required to exchange information with all other drivers involved. Collect the following details:
  • Name, address, and phone number
  • Driver’s license number
  • Vehicle registration number
  • Insurance company name and policy number
• Document Everything: Take photos of the vehicles, the accident scene, and any visible injuries. Talk to any witnesses and get their contact information.

New York is a “no-fault” state, which means your own insurance company will pay for your medical expenses and other related costs, regardless of who was at fault.

• No-Fault Benefits: No-fault insurance, or Personal Injury Protection (PIP), covers medical expenses, rehabilitation costs, lost earnings, and other reasonable and necessary expenses up to your policy limit.
• Filing a Claim: You must submit a no-fault application to your insurance company promptly after the accident. There are strict deadlines for filing, so it’s critical to act quickly.

Beyond the police report, you have a separate obligation to the Department of Motor Vehicles (DMV).

• Form MV-104: If the accident resulted in an injury, death, or property damage exceeding $1,000, you must file a Report of Motor Vehicle Accident (form MV-104) with the DMV. You have 10 days from the date of the accident to file this report. Failure to do so can result in the suspension of your driver’s license.

The legal and insurance processes can be complex, especially if you have serious injuries or if your no-fault benefits are exhausted. Our team at Pasquale V. Bochiechio, P.C. is here to guide you through every step. We can help you with your claim, negotiate with insurance companies, and ensure you get the full compensation you deserve.

Source: LEGALease: If You Have An Auto Accident – New York State Bar Association