The first two days after a crash are often confusing. They are also when evidence is easiest to preserve, reporting deadlines begin to run and an injury that felt minor at the scene may become harder to ignore.
You do not need to build a legal case from the shoulder of the Long Island Expressway. Your first job is to protect people from further harm. Once the immediate danger has passed, a few careful steps can protect both your health and your ability to make an insurance claim later.
At the scene: safety first, then facts
Call 911 when anyone may be injured or the scene is unsafe. Move to a safe location if you can do so without putting yourself or anyone else at greater risk. New York law requires drivers involved in a crash with an injury to remain at the scene and exchange identifying and insurance information.
If you can safely use your phone, photograph the vehicles before they are moved, the impact points, debris, lane markings, traffic signals, skid marks, weather conditions and any visible injuries. Save the other driver's license, registration and insurance information. Ask witnesses for names and contact details. Keep your description factual; do not guess about speed, distance, fault or the extent of an injury.
Get medical attention even when symptoms seem manageable
Some injuries are obvious immediately. Others become more noticeable after the adrenaline of the crash wears off. If you have pain, dizziness, numbness, confusion, weakness or any other concerning symptom, seek prompt medical attention. In an emergency, call 911 or go to the emergency department.
Tell each provider that the condition followed a motor-vehicle crash and describe your symptoms accurately. Follow the treatment plan, attend scheduled appointments and keep copies of discharge instructions, referrals and receipts. Consistent records help your doctors treat you and help establish when the symptoms began.
Notify the right insurance company promptly
New York's no-fault system generally requires written notice identifying the injured person and giving reasonably available details about the crash within 30 days. The New York Department of Financial Services says this notice should be made as soon as reasonably practicable. In most New York crashes, an occupant files through the insurer for the vehicle occupied, while a pedestrian generally files through the insurer for the vehicle that struck them.
Do not wait until the thirtieth day. Ask the insurer for the no-fault application, keep proof of when it was submitted and give medical providers the correct claim information. Separate rules generally require proof of medical expenses within 45 days after treatment and proof of lost earnings within 90 days. The DFS provides a current overview in its consumer no-fault guidance.
Know whether an MV-104 report is required
Reporting the crash to the police or an insurance company does not necessarily satisfy the driver's separate DMV obligation. The New York DMV requires an MV-104 report within 10 days when a crash causes a death, personal injury or more than $1,000 in damage to the property of any one person. A failure to file can carry licensing and other consequences.
Preserve what can disappear
Download original photos and videos instead of leaving the only copy on your phone. Save dashcam footage before it is overwritten. Keep the crash report number, towing and repair records, medical paperwork, pharmacy receipts and proof of missed work. Write down what you remember while it is fresh, including the direction each vehicle was traveling and anything the drivers or witnesses said.
Avoid posting about the crash, your injuries or your activities on social media. Even an unrelated photo can be removed from its context and used to question an injury claim. Do not delete an existing post after a claim is anticipated without first obtaining legal advice; deleting potential evidence can create a different problem.
Be careful with early insurance calls and releases
An adjuster may ask for a recorded statement, a broad medical authorization or a quick release before the nature of an injury is clear. Cooperate with legitimate no-fault claim requirements, but do not speculate or sign a liability release you do not understand. A settlement release can end the right to seek additional compensation even if symptoms later become more serious.
If a government vehicle, public authority or municipality may be involved, get advice immediately. New York's notice-of-claim rules can require action within 90 days, far earlier than the deadline that applies to many ordinary negligence cases.
What to have ready when you call a lawyer
Bring or send the police report number, insurance information, photographs, witness contacts, medical provider names and any communication from an insurer. A lawyer can identify the available coverage, calendar the deadlines and determine what evidence should be requested before it is lost.
This article provides general information, not legal advice. Deadlines and coverage can change based on the people and vehicles involved. Reading this page does not create an attorney-client relationship.
If you were injured in a Long Island crash and are unsure what to do next, call (516) 444-1000. The case review is free.