What to Do If You are in a Car Accident

Immediately, if anyone is injured or killed. The NY DMV says you are legally required to immediately notify the police when a person is injured or killed, in addition to filing a crash report. Call 911 if anyone needs emergency medical help. In a property-damage-only crash, a police report can still help document what happened.

Often, yes, within 10 days. Under VTL § 605, a driver must report the crash to the DMV in writing within ten days if a person is injured or killed, or if property of any one person (including the driver) is damaged by more than $1,000. The DMV says this also covers crashes involving an e-bike or e-scooter in which someone is injured or killed, and that it may suspend your driving privilege until the report is on file.

You can file online through the DMV's motorist crash report portal or by mailing form MV-104. The DMV does not decide fault, and a crash on your driving record does not mean you were at fault.

• Check yourself and your passengers for injuries, and call 911 if anyone needs medical attention.
• Turn on your hazard lights and move to a safe place if it is safe to do so.
• Do not move anyone who appears seriously injured unless there is immediate danger.
• Photograph the vehicles, the damage, the scene, road and weather conditions, and the other driver's license, registration and insurance card.
• Get names and contact information from any witnesses.
• Write down the location and time.
• Stick to the facts. Do not argue about fault or apologize at the scene.

Yes, get checked promptly. Some injuries are not apparent right away. Tell the provider every place you feel pain, follow the treatment plan, and keep your records and bills. Consistent records matter later: New York courts look for objective medical proof and an explanation for any gap in treatment (see our serious injury threshold guide).

Notify your own insurer and keep up with no-fault deadlines, but get advice before giving a recorded statement to the other driver's insurer. No-fault (PIP) claims have short deadlines, so do not let them lapse while you look for a lawyer. Our NY no-fault and PIP law guide explains the process. A lawyer can handle communications with the other driver's insurer for you.

Leaving the scene of a crash that causes personal injury or death is a crime, according to the NY DMV. Stay, help as you safely can, and make sure the police are notified. Even in a minor crash you still have to stop and exchange information.

For a claim against another covered person under Insurance Law Article 51, only if your injury meets New York's serious injury threshold. Insurance Law § 5104(a) limits non-economic recovery between covered persons to cases of serious injury; claims that are not between covered persons can follow different rules. The rules changed for lawsuits commenced on or after May 26, 2026; our serious injury threshold guide explains both versions.

Personal-injury lawsuits generally must be started within three years (CPLR 214), with exceptions. Claims against many public entities first require a notice of claim served within 90 days after the claim arises (General Municipal Law § 50-e).