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Car accident claims often involve slippery facts and complex legal doctrines. As such, your actions after a crash could affect the strength and value of your case. 

The following steps will help you gather evidence to support your case, corroborate your story about what happened, and protect you from potential defenses. 

FAQ: What to Do After a Car Accident in NYC 

What should I do immediately after a car accident in New York?
Always stop at the scene, contact the police, exchange insurance information, and ensure everyone’s safety. Leaving the scene can lead to criminal charges. 

How important is cooperating with the police after a crash?
Cooperating helps ensure an accurate accident report, which is crucial for insurance claims. Avoid admitting fault or apologizing at the scene. 

Should I gather evidence at the accident scene?
Yes. Take photos of vehicles, road conditions, and injuries, and collect witness contact information to strengthen your claim. 

When should I seek medical care after a car accident?
Promptly. Even minor injuries should be documented by a doctor to support your claim, especially in New York’s no-fault system. 

Can I speak to the other driver’s insurance company?
It’s best not to. Let your lawyer handle communication to prevent statements from being misused against you. 

Why do I need a car accident lawyer in NYC?
A lawyer helps evaluate your case, gather evidence, negotiate with insurers, and fight for fair compensation if litigation is necessary. 

What records should I keep after an accident?
Maintain all medical bills, pay stubs, receipts, and documentation of expenses or losses related to the accident to prove damages. 

Step 1: Stop at the Accident Scene and Contact the Police 

You must always stop at the accident scene, even if a crash only involves property damage. New York law permits the prosecution of anyone who leaves the scene of an accident that causes injury or death. 

Setting aside the risk of a hit-and-run charge, remaining at the accident scene will also be beneficial for your injury claim. You must be at the scene to exchange insurance information with the other driver. While there, you’ll also report the incident to the police so they can assist anyone injured in the crash and investigate the collision’s cause. 

Step 2: Cooperate With the Police Investigation 

The responding officers will investigate the crash and prepare an accident report. Their investigation will include interviews with the drivers involved and any passengers. Officers may also speak with witnesses and take photos of the crash scene. 

The official police report will summarize the officers’ investigative conclusions. You should cooperate with the investigation to ensure that the report presents your side of the story. 

However, avoid saying anything that could be misconstrued as an admission of fault. For example, you shouldn’t apologize for the crash or take responsibility in any way. 

Step 3: Take Photos of the Crash and Talk to Witnesses 

The accident victim has the burden of proof in any insurance claim or lawsuit. This means they must have evidence establishing the other party’s liability and the losses that resulted. 

Although the police will investigate the crash, you should also gather any evidence you can at the scene, including photos of the vehicles and the road conditions. You should also get the contact information of any witnesses who saw the crash. Your lawyer can use these materials to prepare your accident claim. 

Step 4: Seek Appropriate Medical Care 

New York has a no-fault insurance system that limits when crash victims can pursue claims against negligent drivers. Specifically, you must have a serious injury to file an insurance claim or lawsuit against the other driver. 

To establish your injuries and resulting losses, you’ll need medical records documenting the nature and severity of your injuries and when they occurred. 

You don’t necessarily need to be transported by ambulance to provide the necessary records. You can visit the emergency room on your own or make an appointment with your physician. The most important factor is timing — you should see a doctor for a diagnosis and a treatment plan promptly after your crash. 

Step 5: Keep Records of Your Costs 

Your injury compensation hinges on the losses you’ve incurred. You’ll validate these losses using medical bills, pay stubs, and other financial records. Make sure to keep meticulous records that thoroughly document the costs and other impacts your injuries have caused. 

Step 6: Avoid Communicating With the At-Fault Party’s Insurer 

The other driver’s insurance company may contact you soon after your crash. The claims adjuster will likely ask you for a recorded statement describing your side of the story. However, this call isn’t as innocent as it may sound. 

Insurance claims adjusters protect their employers by investigating accidents to verify that they fall within the policy terms. This means the adjuster will scour your recorded statement for any facts that may warrant a claim denial. 

You should decline to speak with the other driver’s insurer. If you’ve already hired legal representation, simply refer the claims adjuster to your lawyer. If you don’t have legal representation, tell the adjuster you want to talk to an attorney before giving your statement. 

Step 7: Contact a Lawyer 

Car accident lawyers have ample experience handling insurance claims and personal injury lawsuits. They can analyze the merits of your case and assess its value. 

Once you hire an attorney, they’ll serve as your point of contact with the insurance company, reducing the risk that the insurer will misconstrue anything you say. 

Finally, your lawyer will advocate for your right to fair compensation. They’ll present evidence and legal arguments as part of your claim and, if necessary, a subsequent lawsuit. 

Ask4Sam to Discuss Your Car Accident Claim 

Following the steps outlined here can help you protect your right to compensation after suffering an injury. If you’ve missed any of them, a lawyer can help you get your accident claim back on track. 

The veteran lawyers at Silberstein & Miklos, P.C., know how to build a strong case. Whether negotiating an insurance claim or litigating a personal injury lawsuit, we have the experience and resources to advocate for your right to fair compensation. Contact us to learn more about how we can assist you with your car accident case.