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

New York runs on a system almost no other state uses in quite the same way. Your own insurance pays your medical bills first, regardless of who caused the crash — but only if you file one form within 30 days. Miss it and the insurer can lawfully deny every dollar, no matter how badly you were hurt.

Here is the sequence that protects you.

Quick Answer: The First 9 Steps After a New York Car Accident

Stop and stay at the scene. Call 911 if anyone is hurt. Photograph everything before the vehicles move. Exchange name, address, licence, insurance carrier, and policy number. Get witness contacts. See a doctor. File the NF-2 no-fault application with the correct insurer within 30 days. File DMV Form MV-104 within 10 days if anyone was injured or property damage to any one person exceeds $1,000.

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Step 1: Why must you stop, even for a scratch?

Under Vehicle and Traffic Law § 600(1), a driver who knows or has cause to know that property of another was damaged must stop, exhibit their licence and insurance card, and give their name, address, insurance carrier, policy information, and licence number. If the owner is not present, the driver must report to the nearest police station or leave a written notice in a conspicuous place.

Leaving is a traffic infraction carrying a fine up to $250, up to 15 days in jail, or both, plus points on your DMV record.

If anyone was injured, VTL § 600(2) applies and the exposure becomes criminal — a misdemeanor at minimum, escalating to a felony where serious physical injury or death resulted, or where the driver has a prior conviction. Fault is irrelevant to this duty. Stopping is not an admission.

Step 2: When do you call 911?

Call 911 if anyone reports pain, dizziness, or confusion; if a vehicle blocks traffic; if you suspect impairment; or if the other driver is aggressive or attempting to leave.

For a slow-speed contact with no injuries and a cooperative driver, the police non-emergency line is appropriate. In New York City, minor property-damage collisions are frequently handled at a police precinct rather than by a dispatched unit.

Note that under VTL § 603, a police or judicial officer to whom an injury accident is reported must investigate — but that duty only triggers if someone reports it to them.

Step 3: What should you photograph before the cars are moved?

Once a vehicle moves, the geometry of the crash is gone permanently. Capture, in this order:

1. Wide shots from four corners, showing lane markings and where each vehicle came to rest
2. Both vehicles' damage, straight on and at 45 degrees
3. Both licence plates, clearly legible
4. The other driver's licence and insurance card — photograph them, do not transcribe
5. Traffic controls — signal state, stop signs, posted speed
6. Road conditions — skid marks, debris field, potholes, ice, standing water, glare
7. Visible injuries, with the person's consent
8. A wide shot showing nearby storefronts — their cameras may have footage that overwrites within weeks

New York is a one-party consent state for recording conversations under Penal Law § 250.05: if you are a participant in the conversation, you may record it. That is the opposite of California's rule, and it means a New Yorker may lawfully record their own exchange with the other driver. Doing so openly is still the better practice.

Step 4: Exactly what information must you exchange?

VTL § 600 requires name, residence address, insurance carrier, insurance identification information including policy number and effective dates, and licence number.

In New York this last point is unusually important. Because your no-fault benefits are paid by the insurer of the vehicle you were occupying — not necessarily by "your" insurer — knowing exactly which policy covers which car is the difference between a paid claim and a denied one.

Do not volunteer opinions about fault. "I'm sorry" is a reflex; an adjuster reads it as an admission.

📝 Log the policy numbers before anyone drives away →

Step 5: Why do witnesses vanish?

Because they have somewhere to be, and no obligation to stay. A name, a phone number, and one sentence in their words routinely ends a liability dispute that would otherwise take months.

Step 6: When should you see a doctor?

Same day if possible; certainly within 72 hours.

This is medical common sense — adrenaline masks pain, and concussions, herniations, and internal injuries often present hours later. But in New York it is also structural. Under the no-fault system, gaps in treatment are the single most common reason insurers terminate benefits, and objective medical findings documented early are what later determine whether you clear the serious injury threshold and may sue at all.

This is general information, not medical advice.

Step 7: The 30-day deadline that decides everything

This is New York's defining rule, and the one that most surprises drivers.

Under 11 NYCRR § 65-1.1, written notice of the accident must reach the no-fault insurer within 30 days. In practice, that notice is the NF-2 (Application for Motor Vehicle No-Fault Benefits).

Basic Personal Injury Protection (PIP) — required on every New York policy under Insurance Law § 5102 — pays up to $50,000 per person in "basic economic loss," regardless of fault:

Who pays? If you were a driver or passenger, the insurer of the vehicle you occupied. If you were a pedestrian or cyclist struck by a car, the insurer of the vehicle that struck you. Motorcyclists are excluded from no-fault entirely in New York and must use their own health insurance.

Two more deadlines inside the deadline:

• Medical providers must submit bills to the no-fault insurer within 45 days of treatment
• Claims for lost earnings and other expenses must be submitted within 90 days

Missing the 30-day window permits denial of the entire claim unless you can show a "clear and reasonable justification" for the delay. That standard is not easy to meet.

Step 8: The 10-day DMV report

Under VTL § 605, you must file Form MV-104 (Report of Motor Vehicle Accident) with the DMV within 10 days if anyone was injured or killed, or if property damage to any one person exceeds $1,000.

• It applies regardless of fault.
• A police report does not substitute for it.
• Failing to file can result in suspension of your driver's licence until the report is filed.

The $1,000 threshold has not moved in years while repair costs have. Assume you are over it.

Step 9: Notify your insurer, and understand what no-fault does not cover

Report promptly — policies contain notice conditions. Then understand the boundary:

No-fault does NOT pay for:

• Damage to your vehicle (that is collision coverage, or a liability claim against the at-fault driver)
• Pain and suffering
• Lost earnings above the $2,000/month cap
• Medical expenses above $50,000

To reach those, you must clear the serious injury threshold under Insurance Law § 5102(d) and sue the at-fault driver under § 5104. That threshold is New York's gatekeeper, and it is the subject of our dedicated guide.

New York Deadlines at a Glance

What is New York's fault rule?

Confusingly, New York is both.

For benefits, it is a no-fault state: your PIP pays first, regardless of blame.

For lawsuits, it is a fault state with pure comparative negligence under CPLR § 1411. If you clear the serious injury threshold and sue, your recovery is reduced by your percentage of fault — but never barred by it. A plaintiff found 70% at fault still recovers 30%.

This is why documentation matters even in a "no-fault" state. Fault determines whether you can recover anything beyond $50,000.

Frequently Asked Questions

Do I have to file a police report after a car accident in New York? There is no universal duty to summon police for a minor property-damage crash where information is exchanged. The DMV MV-104 filing within 10 days is a separate, mandatory obligation when injury or over $1,000 in damage is involved.

How long do I have to file a no-fault claim in New York? Thirty days from the accident to give written notice — normally the NF-2 form — to the correct insurer.

Whose insurance pays my medical bills? The insurer of the vehicle you were occupying. Pedestrians and cyclists are covered by the insurer of the vehicle that struck them. Motorcyclists are excluded from no-fault.

Can I sue the other driver in New York? Only if your injuries meet the "serious injury" definition in Insurance Law § 5102(d), or for economic losses exceeding the $50,000 basic PIP limit.

How long do I have to sue after a New York car accident? Three years from the crash (CPLR § 214). Wrongful death is two years from the date of death (EPTL § 5-4.1). If a municipality is involved, a Notice of Claim is due within 90 days.

📝 The 30-day clock starts today. Record your accident with NowAccident — free, three minutes.

Sources

• New York Insurance Law §§ 5102, 5104
• 11 NYCRR § 65-1.1 and Regulation 68
• New York Vehicle and Traffic Law §§ 600, 603, 605
• New York CPLR §§ 214, 1411
• EPTL § 5-4.1; General Municipal Law §§ 50-e, 50-i
• New York Penal Law § 250.05
• New York State Department of Financial Services — Minimum Auto Insurance Requirements
• New York State DMV — Form MV-104

Disclaimer

This article provides general information about New York law as of the last updated date. It is not legal advice, does not create an attorney-client relationship, and does not account for the specific facts of your situation. Statutes, thresholds, and deadlines change. Verify current requirements with the New York State DMV, the Department of Financial Services, or the New York State Senate's official statute site, and consult a licensed New York attorney about your case. Health-related statements are general information, not medical advice.