New York imposes filing deadlines that begin running the day of your crash, and two of them expire before most people have finished dealing with their car. Missing either one can cost you medical coverage and lost wage benefits entirely, regardless of who caused the accident.
Here is what to do, in order.
At the Scene
Check for injuries and call 911. Request medical assistance for anyone hurt. Police response creates an official record.
Move to safety if you can. On the Long Island Expressway, the Thruway, or any high-speed road, secondary collisions are a genuine danger. If vehicles are drivable and it is safe, move to the shoulder.
Exchange information. New York law requires drivers to stop and exchange license, registration, and insurance information. Get the other driver’s name, address, phone, license number, plate number, and insurance carrier and policy number. Photograph the documents rather than transcribing them.
Photograph everything. Vehicle positions before anything moves, damage to every vehicle, the full scene from multiple angles, traffic controls, skid marks, debris, road and weather conditions, and any visible injuries.
Get witness contact information. Police reports frequently list only the drivers. A neutral witness who saw the light change may be the most valuable evidence in your case, and that person will be very hard to locate later.
Say little. Do not apologize or speculate about fault. This matters more than it used to. Under New York’s amended comparative fault rule, being assigned more than half the blame in a covered motor vehicle case now bars recovery entirely rather than just reducing it.
Get Medical Attention
Go the same day if possible, even if you feel functional. Adrenaline masks pain, and whiplash, soft tissue injuries, and concussions commonly present 24 to 72 hours later.
A gap between the accident and your first treatment is the single most effective argument an insurer has against your claim. Report every symptom at every visit, including the ones that seem minor.
Deadline One: File Your No-Fault Application Within 30 Days
This is the deadline that catches most people.
New York’s No-Fault system pays your medical bills and lost wages regardless of fault, up to your policy’s basic coverage. To access it, you must give your insurer written notice within 30 days of the accident, typically by submitting the Application for Motor Vehicle No-Fault Benefits (NF-2).
Miss it without a reasonable justification and the insurer can deny all No-Fault benefits, leaving you personally responsible for treatment costs.
Two rolling deadlines follow. Bills for health care services must be submitted within 45 days of treatment, and claims for lost earnings and other necessary expenses within 90 days. If you cannot meet a deadline, submit a written explanation of why.
You file with the insurer for the vehicle you occupied, or the vehicle that struck you if you were a pedestrian or cyclist. Passengers, pedestrians, and cyclists are all covered.
Deadline Two: File the MV-104 Within 10 Days
Under Vehicle and Traffic Law § 605, every driver involved must file a Report of Motor Vehicle Crash (MV-104) with the DMV within 10 days when anyone is injured or property damage to any one person’s property exceeds $1,000. Each driver files separately, regardless of fault.
Failing to file can result in license suspension and gives an insurer an argument about your credibility. The DMV explains the filing process and how to obtain a copy of the police crash report.
In the Days After
Get the police report. Request it from the responding agency, or from the DMV for State Police investigations.
Notify your own insurer promptly, but be careful about recorded statements to any adjuster, including the other driver’s. See dealing with insurance companies.
Preserve the vehicle if the crash was serious. The event data recorder holds speed, braking, and seatbelt information that disappears when the car is repaired or scrapped.
Stay off social media. Posts and photos get used to argue you are less injured than claimed.
Keep records. Bills, mileage to appointments, missed work, and a running note of symptoms and limitations. Our page on what evidence you need covers what matters most.
Two Situations That Need a Lawyer Right Away
If a city bus, municipal vehicle, or other government entity was involved, a notice of claim is generally due within 90 days. See statute of limitations.
If a commercial truck was involved, the carrier’s investigators begin work immediately and electronic logs are subject to retention schedules that expire. Our truck accident attorney in New York moves fast on preservation.
Talk to a New York Personal Injury Attorney
Buttafuoco & Associates has helped injured New Yorkers meet these deadlines since 1981. Whether you need an Albany car accident lawyer, a Rochester car accident lawyer, or our New York car accident lawyer team downstate, contact us for a free case review. You owe no attorney’s fee unless we recover for you.