Common types of car crashes in New York.
Every crash type raises its own questions about fault. Here is the plain version. How fault works in your crash may differ, so get advice before you assume anything.
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Rear-end collisions. The rear driver usually has to explain the crash. That often helps your claim.
Head-on collisions. Often the worst crashes on the road, with serious injuries even at low speeds.
T-bone crashes. Side impacts at intersections, where your car protects you least.
Multi-vehicle pileups. Chain reactions where several drivers and insurers may share the blame.
Pedestrian accidents. Hit while walking? You may have a claim, and the driver's no-fault may cover you.
Rollovers. Sometimes another driver, sometimes a vehicle or tire defect. That changes who may owe you.
10 steps to take after a New York car accident.
What you do in the first hours and days can change what your case is worth. Here is the short list. Your deadline may be different. That is exactly why you should get advice now, not later.
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1. Stay calm and assess the situation
Don't argue, don't accuse, and don't admit fault — not even 'I'm sorry.' Save your story for the police.
2. Move to safety and check for injuries
Get out of traffic if you can do it safely and check on everyone. See a doctor even if you feel fine — adrenaline hides pain.
3. Call 911 to report the accident and any injuries
Even for a 'small' crash. Ask for police — the report becomes key evidence — and request an ambulance if anyone is hurt.
4. Take photos of everything
Both vehicles, the damage, the scene, and the license plates. Take more photos than you think you need.
5. Write down the other driver's details
Insurance information, name, and vehicle details. Photograph the cards instead of copying them.
6. Gather contact information
Phone numbers for the other driver and every witness to the accident. Witnesses vanish fast.
7. Give your details to the police
Provide your name and insurance information. Be honest — just don't guess about what happened, and don't accept blame.
8. Call a tow company if you need one
If your car can't be driven, have it towed. We can line up a free rental car (no deposit) and a trusted body shop.
9. Obtain the accident report
Ask the officers how to get a copy. Your claim will lean on it later.
10. Call your insurance company to file the claim
Right away — in New York, your no-fault application is generally due within 30 days of the crash. Get advice before you accept anything.
What is your case worth?
No honest person can give you a number without knowing your case. But every case is built from the same pieces: medical bills, lost pay, damage to your car, and pain and suffering. That last piece is often the biggest, and the one insurers fight hardest.
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The 'serious injury' rule
To sue the other driver for pain and suffering, New York law generally requires a 'serious injury': a broken bone, significant scarring, or an injury that keeps you from normal life for at least 90 of the first 180 days. Whether yours clears that bar is exactly the question to ask early.
If the crash was partly your fault
New York law generally lets you recover even if you share blame. Your money is reduced by your share: 20 percent at fault on a $100,000 case generally means $80,000. Don't accept the insurer's math without a second opinion.
Insurance limits matter too
There is usually a ceiling: the insurance available. The other driver's policy, your own coverage, and sometimes policies you don't know about yet. Finding every policy is one of the most valuable things a good attorney does.
Your no-fault application: generally due in 30 days.
Your no-fault (PIP) application is generally due within 30 days of the crash. Miss it and your own medical coverage can slip away. Your deadline may be different. That is exactly why you should get advice now, not later.
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City-involved crashes: a 90-day notice.
Hit by a city vehicle or bus, or hurt on city property? A Notice of Claim is generally due within 90 days. Your deadline may be different. That is exactly why you should get advice now, not later.
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Most injury lawsuits: generally 3 years.
Most New York injury lawsuits generally must be filed within 3 years of the crash. Wrongful death claims: generally 2 years. Your deadline may be different. That is exactly why you should get advice now, not later.
Start Your Free Case EvaluationGeneral information about how New York's system usually works, not legal advice. Motorcyclists, government vehicles, and other special cases follow different rules. Your case may differ. Ask before you assume.
Your no-fault claim
Who pays: your own insurance company.
Covers medical bills and lost pay, generally up to $50,000 basic coverage.
Fault doesn't matter. You're covered either way.
The catch: generally must be filed within 30 days of the crash.
The clock: 30 days for the application.
A lawsuit against the driver
Who pays: the at-fault driver's insurance.
Covers pain and suffering, plus losses beyond no-fault.
Fault matters. You must show the other driver caused it.
The catch: generally requires a 'serious injury' under NY law.
The clock: generally 3 years to file for most NY injury cases.
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