Car accidents happen in seconds, but the impact can last for months or years. In the chaos that follows a crash, it’s hard to know what to do next. Many people worry: Should I call the police? Do I need to see a doctor if I feel okay? Will saying the wrong thing hurt my case?
At Roger Victor Archibald, PLLC, we understand how overwhelming these moments can feel. Our firm, based in Brooklyn, has worked with countless neighbors across New York City who suddenly found themselves injured, confused, and unsure of what steps to take. That’s why we put together this guide so you know how to protect both your health and your legal rights after a collision.
In this article, we walk you through the key steps to take immediately after a car accident, explain how New York law applies, and outline how you can build a stronger claim for compensation.
Step 1: Check for Safety and Call for Help
Your first priority is safety.
- Call 911 right away. Even if the crash seems minor, police and medical professionals should be on the scene.
- Move to a safe place if you can do so without risking further injury.
- Stay calm and present. Adrenaline can mask pain, so don’t assume you’re “fine” right away.
In New York, accidents that cause injury or property damage above $1,000 must be reported. Drivers are also required to file a Form MV-104 (Report of Motor Vehicle Accident) with the DMV within 10 days. Failing to report or file this form can result in license suspension and may create problems with your insurance claim.
Step 2: Seek Medical Attention Immediately
Even if you don’t feel hurt, see a doctor. Whiplash, concussions, and internal injuries often don’t appear until hours or days later. Getting checked out promptly does two important things:
- Protects your health. Doctors can catch hidden injuries before they get worse.
- Creates a medical record. This ties your injuries directly to the crash, which is critical in personal injury claims.
Step 3: Document the Scene
Evidence can disappear quickly after a crash. If you are physically able:
- Use your phone to capture clear photos or videos of the cars involved, including license plates, the damage, skid marks, traffic signals, and the road or weather conditions at the time of the crash.
- Get witness contact information. Independent witnesses can help confirm what happened.
- Request the responding officer’s name and badge number. Ask how to obtain a copy of the police report.
This documentation can later serve as vital proof when negotiating with insurance companies or presenting your case in court.
Step 4: Be Careful With Your Words
In the confusion after an accident, it’s natural to apologize or try to smooth things over. But statements like “I’m sorry” or “I didn’t see you” can be misinterpreted as admitting fault. Stick to the facts when speaking to police, other drivers, or insurers.
In New York, fault is determined under comparative negligence law. That means even if you were partly at fault, you may still recover compensation, but any award could be reduced by your percentage of fault. The less you say at the scene, the less risk of being unfairly blamed.
Step 5: Notify Your Insurance – Carefully
New York is a no-fault insurance state. That means your own insurance will cover medical expenses and lost wages up to certain limits, regardless of who caused the accident. However, if your injuries are considered “serious” under New York law (such as broken bones, significant disfigurement, or permanent limitations) you may also bring a claim against the at-fault driver for additional damages.
When speaking with your insurer:
- Report the accident promptly.
- Do not provide recorded statements without advice from an attorney.
- Do not accept quick settlement offers before you understand the full extent of your injuries.
Step 6: Keep Thorough Records
Your memory of the crash may fade, but your notes and documents will not. Keep:
- Medical records, prescriptions, and receipts.
- Notes about your symptoms and pain levels.
- Pay stubs or employer letters showing lost income.
- Copies of all correspondence with insurers.
This record helps paint a clear picture of how the accident has affected your daily life.
Step 7: Consult a Brooklyn Car Accident Lawyer
While you are not required to hire an attorney, working with one often makes the difference between a denied claim and fair compensation. An experienced Brooklyn car accident lawyer can:
- Investigate the crash fully, including consulting experts if needed.
- Handle communication with insurers, protecting you from pressure tactics.
- Ensure you meet strict filing deadlines, including New York’s three-year statute of limitations for personal injury lawsuits.
- Pursue maximum recovery for your medical expenses, lost wages, and pain and suffering.
Note on Municipal Claims: If your accident involved a city vehicle, such as an NYPD cruiser, MTA bus, or sanitation truck, special rules apply. You may need to file a Notice of Claim within 90 days against the City of New York or related municipal agency. Missing this deadline could prevent you from pursuing compensation later.
At Roger Victor Archibald, PLLC, we approach every case with the belief that your story matters. We know how stressful a crash can be, and we are committed to guiding Brooklyn families through the legal process with compassion and determination.
Taking Back Control After a Brooklyn Car Accident
A car accident can leave you shaken, injured, and uncertain about the future. But by acting quickly and deliberately, you can protect both your health and your rights. Remember:
- Call 911 and seek medical attention.
- Document everything you can.
- Watch your words.
- Consult with a trusted attorney before speaking further with insurers.
If you have been injured in a car accident in Brooklyn or anywhere in New York City, know that you do not have to face the aftermath alone. At Roger Victor Archibald, PLLC, we are here to listen to your story, answer your questions, and help you take the next step forward. Contact us today to schedule a confidential consultation and learn how we can protect your rights.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.