What to Do After a Car Accident
Car accidents always happen suddenly and out of the blue, and they catch their victims off guard. In all the chaos and confusion following a crash, it can be tough to remember what you are supposed to do. Do you move the cars or leave them where they are? Must you call the police and wait for them to arrive? Do you have to notify your insurance company, or can you handle things without them? The answers to some of these questions are decided for you by New York state law, while others are left to your discretion. In any event, the things you say and do after a car accident, and just as importantly the things you don’t say and do, can impact your ability to recover the fullest amount of compensation due to you after a crash.
See below for some general tips and information about what to do after a car accident in New York. Use Report A Crash to file your MV-104 if required, and direct any additional questions to an experienced car accident lawyer in your area. Click here for tips on how to choose a lawyer if you don’t have one already.
Ten Steps to Take After a Crash
1. Check for injuries. Check yourself, your passengers, and others involved in the crash to see if anyone is hurt. Don’t hesitate to call 9-1-1 if appropriate. In the meantime, administer First Aid if you are capable, but it is advised not to move a person who can’t move on their own unless necessary for their safety, such as if they are lying in traffic or near a burning vehicle. Don’t decline medical attention for yourself if offered, including a ride to the hospital if needed.
2. Move the vehicles. If the cars are blocking traffic and are drivable, move them to the shoulder or the rightmost lane. Otherwise, you can leave them in place until the police arrive so they can make an accurate report of the situation. NYC guidelines say to move the vehicles out of traffic in a non-injury accident if they are operable.
3. Exchange information. Exchange information with the other drivers involved, including name, address, phone number, driver’s license number, and VIN or tag/plate number. Also exchange insurance information, including the insurance company name and policy number, but don’t offer information about your type of coverage or policy limits, or make statements like saying you are “fully covered.” This can sound like an admission of fault even though you might not actually be to blame for causing the crash.
4. Call the police. The police should be called to the scene if the accident involves injury to any person. You are not required to call the police if the crash caused property damage only, although you must still stop and exchange information. If the accident resulted in injury, death, or property damage over $1,000, you must file the MV-104 Report of Motor Vehicle Accident with the DMV within ten days or face suspension of your driver’s license. Use the Report A Crash website and mobile app to streamline this process.
5. Talk to witnesses. If witnesses are present at the scene, get their contact information and ask them what they saw and heard. This assumes you are able to do so despite any injuries you might be suffering. Taking care of your injuries should be your number one concern after a crash.
6. Document the scene. If able, take pictures of the damage to the vehicles and surrounding property. Note the angle of the collision as well as factors such as lighting, weather, and road conditions. This information will be required in your crash report and might also play a part in your insurance settlement or litigation. Don’t worry if you are not in a condition to take down this information at the scene. The police should be called if you are injured, and these are the sorts of facts they will take note of in their report of the crash.
7. Call the insurance company. Your insurance company might require you to notify them of the incident within a certain number of hours or days after the crash, and you want to comply with these terms to protect your rights to benefits. You might notify your own carrier or the insurer of the other driver, depending on whether your claim is fault-based or no-fault. Your attorney can advise you in this area if you are unsure who to call.
8. See a doctor. If you didn’t receive medical care at the scene of the crash or transportation to a hospital or medical facility, it’s important to follow up with a doctor as soon as you can after the crash, preferably within a day or two. You want to get thoroughly checked out for internal injuries, signs of concussion, or other hidden dangers, especially if you are in pain or experiencing other unusual symptoms after the accident. If you don’t have a regular doctor to go to, your lawyer can likely refer you to a doctor who can diagnose and treat you without charging upfront while your claim is ongoing.
9. Get a copy of the police report. This is especially important if you weren’t able to give a statement at the time of the crash but the other driver was. You want to know what’s in that report and whether everything was reported accurately. Your attorney will want this information too and can help you get a copy of the report.
10. Get a lawyer. Call an attorney sooner rather than later. An experienced New York car accident lawyer will go to work right away securing evidence and positioning you for the best result on your claim. Your lawyer can help you get medical care and keep you from saying the wrong things to the insurance company or settling for the wrong amount.
Is There Anything I SHOULDN’T Do After a Crash?
Just as important as the things you should do after a car accident are the things you shouldn’t. DON’T admit fault to the other driver or argue with them at the scene. DON’T make car repairs or get rid of your vehicle without checking with your attorney first. DON’T give recorded statements to an insurance company before you’ve talked to an attorney. DON’T authorize a release of medical records to an insurer unless your lawyer says it’s okay. DON’T sign any documents or accept a check or cash payment from the insurance company before you’ve talked to a lawyer.
Basically, don’t do anything regarding your claim without checking with your attorney first. Once you have retained a lawyer, they will take over all of the claims handling for you. Let your lawyer deal with the insurance company as one experienced professional to another. You can focus instead on getting better physically, holding your family together, and putting the pieces of your life back together that have been upturned by the accident.
If you need help finding a lawyer, the Report A Crash website features an attorney who will provide you with a free consultation regarding your claim and won’t charge you until after your case has been resolved successfully. Also, don’t forget to report the crash to the DMV within ten days to avoid having your driver’s license suspended. Click here to start your free crash report, or download our free mobile app to get started.
