What to Do After a Car Accident in New York | The First 30 Days

This article is for general informational purposes only and does not constitute legal advice. Laws vary by state. If you’ve been injured in a car accident in New York, contact a licensed New York personal injury attorney for advice specific to your situation.

Quick Summary

• New York law gives you 30 days to file a No-Fault insurance application If you miss it, you lose access to up to $50,000 in medical and lost wage benefits, regardless of who caused the crash.
• The insurance adjuster who calls you is not on your side. What you say (and what you don’t) directly affects your settlement.
• You don’t have to figure this out alone. At Kerner Law Group, P.C., we guide you through every step, from the scene of the accident to your fair day in court.

The Clock Started the Moment Your Crash Happened

You may still be shaken. Your neck might feel fine right now. You might have already answered a few questions from an adjuster who seemed friendly enough.

Here’s what you need to know: the other side’s team started working the moment the crash happened. Insurance companies have lawyers and claims professionals whose job is to minimize what they pay out. They know New York’s deadlines. They know what questions to ask. And they are already building a file.

That doesn’t mean you’ve lost anything. But it does mean the next 30 days matter more than most people realize.

This guide walks you through exactly what to do —and what not to say— so that your rights stay protected while you focus on getting better.

Day 1: At the Scene and Immediately After

What to Do Before You Leave the Scene

Even if you feel okay, treat the scene like evidence. 

• Call 911. In New York City, always request a police response. The NYPD accident report (MV-104) becomes a critical document in your claim. Get the report number before you leave.
• Photograph everything before vehicles are moved. Both cars, all four angles. Skid marks. Traffic signals. Street signs. Weather conditions. Any visible injuries to yourself or passengers.
• Get the other driver’s information. Name, license number, insurance carrier, policy number, and plate number. Do not rely on them to send it to you later.
• Collect witness information. Names and phone numbers. Witnesses disappear fast.
• Do not say “I’m fine.” Even to a police officer. Even if you mean it. Adrenaline masks injury. What feels like stiffness tonight can be a herniated disc by morning.

What to Say — and Not Say — to the Other Driver

Keep it factual and brief. Exchange information. Do not apologize, even casually. “I’m sorry this happened” has been used against accident victims in claims disputes. It’s not an admission of guilt in the legal sense, but it creates a narrative the other side will use.

Days 2–7: The Insurance Calls Begin

This is where most claims are quietly damaged. 

You Will Likely Receive Two Separate Calls

In New York, this is important to understand: you may be contacted by two different adjusters — one from your own insurance company (for your No-Fault claim) and one from the at-fault driver’s insurer (for your liability claim). They have different agendas. Neither is your advocate.

Your own insurer needs to open a No-Fault file. You are generally required to cooperate with this process. But cooperation does not mean volunteering information beyond what’s asked.

The at-fault driver’s insurer has no legal right to a recorded statement from you. None. You can —and in most cases should— decline until you’ve spoken with an attorney.

The 5 Phrases Adjusters Are Trained to Elicit

After 30 years representing injured New Yorkers, we’ve seen the same playbook used again and again. Watch for these:

1. “Are you feeling okay?” — Sounds like a concern. It’s an opening to get you on record saying you’re fine.
2. “It was just a minor fender-bender, right?” — Minimizing the crash minimizes your injuries in the file.
3. “We just need a quick recorded statement to process your claim faster.” — There is no legal requirement to give the other driver’s insurer a recorded statement. “Faster” means faster for them.
4. “Do you have a doctor yet?” — If you say no, it creates a gap in your medical record that they will exploit.
5. “We’d like to offer you a settlement.” — An early offer almost always comes before the full extent of your injuries is known. Once you accept, the case is closed.

What you are legally allowed to do: Decline a recorded statement to the at-fault driver’s insurer. Ask for everything in writing. Tell them you are represented by an attorney — even if you haven’t hired one yet, that statement typically ends the direct contact.

The Medical Documentation Window — Don’t Miss It

Why “I Feel Fine” Is the Most Expensive Sentence After a Crash

Soft tissue injuries —whiplash, herniated discs, nerve damage— frequently don’t produce their full symptoms for 24 to 72 hours after impact. Sometimes longer. This is medically documented and well-known to insurance adjusters, which is why they call you on Day 1.

See a doctor. Even if you feel okay. Go to an urgent care, your primary care physician, or an emergency room. Get it on record.

New York’s Serious Injury Threshold

This is something most general articles never explain, and it matters enormously for Bronx and NYC accident victims.

New York is a No-Fault state. That means your own insurance pays your initial medical bills and lost wages regardless of who caused the crash —up to $50,000 in basic No-Fault benefits. But to sue the at-fault driver for pain and suffering beyond those limits, you must prove a “serious injury” as defined under New York Insurance Law §5102(d).

Serious injuries include things like significant limitation of use of a body function, permanent consequential limitation, or a medically determined injury that prevents you from performing daily activities for at least 90 of the 180 days following the accident.

Your medical records —and how consistently you sought treatment— are the evidence that establishes this. Gaps in treatment are one of the first things defense attorneys attack.

Build a Daily Pain Journal Starting Today

Write down every day:

• Your pain level (1–10) and where it hurts
• Activities you couldn’t do (driving, lifting, sleeping, working)
• Medications taken
• Doctor visits and what was discussed

This is not dramatic. This is documentation. In our experience, the clients who keep detailed records are in a fundamentally stronger position when it comes time to negotiate.

Day 30: The No-Fault Deadline — New York’s Hard Cutoff

This is the deadline that catches people off guard, and missing it can be devastating.

Under New York Insurance Law §5103, you have 30 days from the date of your accident to file a No-Fault application (NF-2 form) with your insurance company.

Miss that deadline and your insurer can —and typically will— deny your No-Fault benefits entirely. That means no coverage for medical bills. No reimbursement for lost wages. Up to $50,000 in benefits, gone.

There are limited exceptions for late filing if you can show “good cause,” but these are narrow and not guaranteed. Do not rely on them.

What to do: Contact your insurance company within the first week to open your No-Fault file. Do not wait to see how you feel. Do not wait until you have a lawyer. File first.

Building Your Evidence File: The 30-Day Paper Trail

Scene photos matter. But in our experience handling car accident cases in New York for over 30 years, the 30-day post-crash paper trail is where claims are actually won or lost.

Here’s what to gather and keep:

• All medical records and bills from every provider you see
• Prescription receipts and any out-of-pocket medical expenses
• A log of missed work days with documentation from your employer
• Photographs of injuries as they develop — bruising often appears days later
• Any communication from insurance companies — save every letter, email, and voicemail
• Repair estimates and rental car receipts

Keep everything in one folder —physical or digital. If your case goes to negotiation or litigation, this file is your foundation.

Do You Actually Need an Attorney?

If you’re asking this question, the honest answer is: probably yes.

Here’s a clearer way to think about it. You should speak with an attorney if:

• You were injured, even if you’re not sure how seriously
• An adjuster has already contacted you
• The other driver disputes fault
• You’ve been told your injuries may require ongoing treatment
• You missed work because of the accident
• You’re unsure whether to accept a settlement offer

Insurance companies have lawyers working on their side from day one. You deserve the same. At Kerner Law Group, P.C., we offer free consultations —at our office, at your home, or at the hospital. You pay nothing unless we recover for you. No recovery, no fee. That’s our promise.

If you’re not sure whether your claim is still viable, a free case evaluation costs you nothing and tells you exactly where you stand.

How Long Do You Have to File a Lawsuit in New York?

The statute of limitations for most car accident personal injury claims in New York is three years from the date of the accident (CPLR §214). For wrongful death claims, it is two years from the date of death.

Important exceptions:

• Claims against a government entity (NYC, MTA, NYPD vehicles) require a Notice of Claim filed within 90 days of the accident. This is a separate and much shorter deadline.
• Minors have until three years after their 18th birthday to file.
• The discovery rule may apply if injuries weren’t immediately apparent —but this is fact-specific and requires legal analysis.

Do not assume you have time. The three-year window sounds long. It moves faster than you expect, especially once medical treatment, insurance negotiations, and daily life are factored in.

What If You Were Partially at Fault?

New York follows a pure comparative negligence rule. That means even if you were partially responsible for the accident, you can still recover compensation. However, your award is reduced by your percentage of fault.

For example, if a jury finds you were 20% at fault and awards $100,000, you recover $80,000.

This is meaningfully different from states that bar recovery if you’re more than 50% at fault. In New York, you have the right to pursue your claim regardless of shared fault. Do not let an adjuster convince you otherwise.

Your Next Step

You’ve been through something serious. The decisions you make in the next few days — who you talk to, what you say, whether you see a doctor — will shape your claim in ways that are very difficult to undo later.

You don’t have to figure this out alone. Kerner Law Group, P.C. has been representing injured New Yorkers in the Bronx and throughout New York City for over 30 years. We know these courts. We know these insurance companies. And we know how to fight for the outcome you deserve.

Our team has your back, 100%.

Get Your Free Case Evaluation — We Come to You

Call us now or book a consultation online. We offer free consultations at our office, at your home, or at the hospital —wherever is easiest for you. We’re open 24 hours.

No recovery. No fee. That is our pledge to you.

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