Founding Attorney
A car accident can turn your life sideways in a matter of seconds. And whether you’re dealing with a rear-ender on Main Street or a high-speed collision on the Taconic, what you do next matters more than most people realize. New York law is strict, and missing even one step in the process after a crash can make it harder to recover the money you need for medical care, car repairs, or lost work.
That’s why our New York car accident attorneys have put together this guide so you don’t make the same mistakes and accidentally hurt your case.
Skipping the DMV Report
Calling the police isn’t enough. Under New York law (Vehicle and Traffic Law § 605), if anyone was injured or there’s property damage over $1,000, you must file Form MV-104 with the DMV within 10 days. If you blow that deadline, you could lose your license.
A lot of people assume that since an officer showed up and wrote a report, the DMV automatically gets notified. It doesn’t. This is a separate requirement. If you’re too hurt to file it yourself, someone else, like the car owner or a passenger, needs to do it for you. Don’t let this slip through the cracks.
Missing No-Fault Deadlines
New York’s No-Fault insurance rules are strict, with multiple time-sensitive steps. You have to notify your insurer within 30 days of the crash. If you get medical treatment, the provider has 45 days to submit a bill. If you miss work and want to recover lost wages, that paperwork is due within 90 days.
Insurers don’t have to pay if you blow these deadlines, unless you can prove there was no way you could’ve met them, which isn’t an easy standard. The best move is to tell your insurance company immediately, even if you don’t feel hurt yet. Symptoms like whiplash or soft tissue injuries often show up days later, but your claim starts from the date of the accident, not when the pain kicks in.
New York also limits how long you have to file a lawsuit if insurance doesn’t cover everything. Miss that window, and you lose your right to sue.
Underestimating Comparative Fault
New York uses a “pure comparative negligence” rule (CPLR § 1411). That means you can still recover money even if you were partly (or mostly) at fault. But your recovery gets reduced by your percentage of fault.
Let’s say you were 60% at fault. You’d still be entitled to 40% of the total damages. That’s different from other states, where being over 50% responsible means you get nothing.
This is why it’s critical not to say anything that sounds like admitting fault. Even saying “I’m sorry” or “I didn’t see you” can be used against you later. Let the investigation sort out who was at fault. Don’t guess or speculate.
Trusting the Insurance Adjuster
Insurance adjusters might sound helpful, but they work for the company, not for you. Their job is to settle fast and with the least amount of money possible. They’ll call soon after the crash, when you’re stressed and not thinking clearly, hoping you’ll accept a low offer or say something that weakens your case.
They may ask for a recorded statement. You don’t have to give one to the other driver’s insurance adjuster. In fact, it’s usually a bad idea without speaking with an attorney first. Anything you say in that recording can be taken out of context or used to deny all or part of your claim. It can even be used against you in court if your case escalates that far.
They might also delay your case by asking for “missing” documents or pretending your injuries aren’t that serious. The longer they stall, the more pressure you feel to settle. If you’re unsure how to respond, let a lawyer handle it.
Waiting Too Long to Call a Lawyer
A qualified personal injury attorney knows how to deal with insurance games, gather the right evidence, and calculate the full value of your claim, including future medical needs and lost earnings. They’ll make sure you meet every deadline and aren’t bullied into settling for less than you deserve.
Studies have consistently shown that injured people who work with attorneys tend to walk away with significantly more than those who go it alone. Insurance companies know this, and they treat represented claims more seriously.
Time is a factor. Evidence fades. Security footage gets erased. Witnesses forget. Calling an attorney early can make all the difference.
Accidents in the Hudson Valley: What You’re Really Up Against
Whether you live in Westchester, Dutchess, or Putnam County, the financial fallout from a car crash can hit hard. New York’s no-fault insurance may cover up to $50,000 in medical bills—but that amount disappears fast if your injuries are serious or you’re out of work for weeks or months.
Don’t make the mistake of assuming the system will take care of you. And don’t wait for the insurance company to do the right thing. They’re playing defense from day one, and you should be, too.
If you’ve been injured in a car crash anywhere in New York, the team at Michael LoGiudice, LLP is ready to help. We’ve handled thousands of cases throughout the Hudson Valley and recovered millions for injured clients. Consultations are always free, and you won’t pay unless we win for you.
Reach out today for a free consult so you can get answers, get help, and take back control of what happens next.