What should I do right after an accident in NYC?
Quick answer
Get medical attention if you haven't. Take photos of everything, the injury, the scene, the vehicle. Write down what happened while it's fresh. Don't talk to the other side's insurance company. Keep every paper. The first 24 to 48 hours after a New York accident are where evidence is preserved and cases are made or hurt.
Detailed explanation
Five things to do in the first 24 hours after an accident in NYC. None of them require a lawyer. All of them protect your case.
1. Get medical attention if you haven't. This is first because it matters most for your health, and second because it matters for the case. Insurance companies look hard at any gap between the accident and the first doctor visit. A 24 to 48-hour gap is normal. A two-week gap gets used against you to argue the injuries weren't really from the accident. If you weren't transported by EMS, go to an urgent care or your primary doctor the same day or the next morning. Tell them everywhere it hurts, even if some of it seems minor, minor today is sometimes serious next week, and the contemporaneous medical record is what proves it.
2. Take photos of everything. The injury (today, tomorrow, every few days as it progresses or heals). The scene of the accident. The vehicle damage if it's a car accident. The sidewalk crack, the spilled liquid, the broken handrail. Wide shots that establish location and close-ups that show specific defects. If something gets repaired or cleaned up later, and it usually does, your photos may be the only evidence the hazard ever existed.
3. Write down what happened while it's fresh. A short paragraph. Time, place, what you were doing, what the other person did, who was nearby, what was said. Memory blurs fast under stress and pain medication, and depositions in New York personal injury cases happen 12 to 24 months after the accident. The note you write today is more accurate than the testimony you'll give next year.
4. Don't talk to the other side's insurance company. They will call. They'll be friendly. They may offer a recorded statement, ask you to sign a medical authorization, or float a quick check. Politely tell them your lawyer will be in touch and end the call. Anything you say gets used. This is the single most common way people accidentally undervalue their own case.
5. Keep every paper. Hospital paperwork, police report number, any text or email about the accident, any letter from any insurance company. Photographs of damage. The estimate from the body shop. The pharmacy receipt for the prescription. A shoe box works. Don't throw anything away.
What this means for you
These five steps preserve the evidence your future lawyer will need. The cost is zero. The cost of not doing them, talking to the insurance adjuster, missing the medical visit, losing the photos, is sometimes the difference between a case worth $300,000 and a case worth $50,000 with the same injury. Insurance companies' first job is to lower the value of your claim. They're good at it. Don't make it easier.
A few extra notes for specific situations. If a city bus, MTA vehicle, Sanitation truck, or NYPD vehicle was involved, the 90-day Notice of Claim under General Municipal Law §50-e is running. That deadline is much shorter than the standard three years and has saved zero people who missed it. Talk to a lawyer in days, not weeks.
If you were hit by a driver and you have your own auto insurance, your no-fault benefits may apply regardless of who was at fault. New York is a no-fault state for medical bills and lost wages up to specific limits. Your own carrier's no-fault claim is a separate process from any personal injury lawsuit, but it has its own paperwork deadline (typically 30 days for medical and disability forms).
If you are undocumented, the same rules apply to you. The first steps are the same. Your immigration status does not affect your right to medical care, your right to file an insurance claim, or your right to bring a personal injury case. See the undocumented worker rights FAQ for more.
If the accident involved a serious injury or a fatality, the family or injured person should consult a lawyer within days. Evidence at fatal-accident scenes is often available only briefly, surveillance video gets overwritten, the construction site gets cleaned, the truck gets returned to the fleet, and a lawyer with a concierge can preserve what would otherwise be lost.
Related FAQ
- What is the statute of limitations for a personal injury case in New York?, three years for most cases, less for some
- The time limits for filing a personal injury case in New York, full deadline matrix by case type
- Special damages vs. pain and suffering, what your case is worth
- Can I sue if I'm undocumented?, your rights regardless of status
When to talk to a lawyer
If your injuries are minor and the damage is limited, you may not need a lawyer at all. If the injuries are real, if you're going to miss work, if a vehicle was totaled, if the at-fault party is a government body, talk to a lawyer this week. The first call is free and takes 20 minutes. If you don't have a case worth pursuing, you'll know. If you do, you'll know what's next.
Free consultation: 718-261-0546 | Contact form
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is general legal education and does not create an attorney-client relationship. Steps that protect a case can also depend on the specific facts of the accident. For specific advice, talk to a lawyer.