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Table of Contents
- What to Do After a Car Accident in New York
- New York’s Car Accident Laws
- Reporting an Auto Accident in New York
- Do I Have to Call the Police After a Car Accident in New York?
- If Someone Is Injured or Killed
- Property Damage Only
- Damage to a Parked Vehicle, Other Property, or a Domestic Animal
- How Long Do You Have to Report an Accident in New York?
- Remember to Get a Copy of Your Accident Report
- Talk to a Car Accident Lawyer at Lever & Ecker, PLLC
What to Do After a Car Accident in New York
New York experiences thousands of car accidents every year, resulting in injuries and fatalities. Between 2012-214 annually there were on average 1,098 deaths. Because these crashes are so common, it’s important to know what steps to take if you are involved in one.
After a car accident, your first priority is safety. After your safety is ensured, it is important to follow certain steps after an accident to protect your ability to recover deserved compensation. The following steps should be taken:
- Call 911 and check for injuries
- Seek medical attention, even if you feel okay or your injuries initially seem insignificant
- Notify the police if anyone is injured, killed, or if there’s property damage over $1,000
- Exchange insurance and license information with all other drivers
- Gather evidence at the scene, including photos, videos and witness contact information
Once you’re safe and have received medical care, report the accident to your insurance company. If someone was hurt or there was significant property damage, you’ll also need to file a report with the DMV. Finally, consider talking to a car accident lawyer to understand your legal options.
New York’s Car Accident Laws
New York is a no-fault insurance state, which means your insurance covers your medical bills and lost wages after a crash regardless of who caused it. However, if your injuries are serious, New York law allows you to take legal action against the other driver to pursue additional compensation. Serious injuries may include broken bones, permanent or significant limitations, or other qualifying conditions.
New York also follows a “pure comparative negligence” rule. That means you may still be able to recover compensation even if you were partly or mostly at fault. However, your compensation would be reduced based on your share of responsibility.
Reporting an Auto Accident in New York
You are required to file a motor vehicle accident report (Form MV-104) with the New York DMV if the crash involved:
- Injuries
- A fatality
- Property damage over $1,000
This report must be submitted within 10 days of the accident and must include:
- Driver and vehicle details
- Insurance information
- A description of the crash
- The injuries and damages involved
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Do I Have to Call the Police After a Car Accident in New York?
Yes. You must notify the police if the crash caused injury, death, or property damage over $1,000. The DMV keeps police and driver-submitted reports for four years.
Even if no one seems injured, it’s still smart to notify the authorities. The police report can be important evidence if you file an insurance claim or pursue compensation.
If Someone Is Injured or Killed
If someone was hurt or killed in the accident, New York law requires that you immediately notify the police and file a report with the DMV.
Property Damage Only
If no one was injured and the crash only caused property damage, you should still exchange:
- Insurance details
- Driver’s license numbers
- Vehicle registration information
If the damage exceeds $1,000, you must also file a crash report.
Damage to a Parked Vehicle, Other Property, or a Domestic Animal
If you hit a parked car, damage other property, or injure a domestic animal and the owner is not present, you must contact the police and make a reasonable effort to find the owner. Not doing so could lead to criminal charges.
How Long Do You Have to Report an Accident in New York?
You have 10 days from the date of the accident to file your crash report. It’s best to do so as soon as possible to help ensure the details are accurate. If you miss the deadline, you could face fines, license suspension, or even issues with insurance coverage.
Once filed, it typically takes 14–60 days for the report to appear in the DMV’s system.
Remember to Get a Copy of Your Accident Report
Once the crash is reported to the DMV, the incident will be recorded on the driving records of all involved drivers. This does not mean fault has been assigned. The DMV doesn’t determine who was at fault.
To get a copy of the report, you can:
- Visit the police precinct where the crash occurred
- Request the report online from the New York State DMV
These reports are helpful if you need to file an insurance claim or take legal action.
Talk to a Car Accident Lawyer at Lever & Ecker, PLLC
Following New York’s accident reporting laws helps protect your health, your rights, and your future—especially if the crash caused injuries. At Lever & Ecker, we’ve handled serious accident cases across New York for more than 70 combined years. We’ll take care of the legal process from start to finish, including reporting the crash, dealing with insurers and representing you if a lawsuit is needed.
Call us today or reach out online to schedule your free consultation. With offices in White Plains, the Bronx and Queens, we represent clients throughout:
- All five boroughs of New York City
- Westchester County
- Surrounding counties in New York state
We also make home and hospital visits if you’re unable to travel. Contact our offices at:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337