What to Do Immediately Following a Car Accident in Forest Hills NY

by DanRose · February 1, 2026

Every day, roughly 250 motor vehicle collisions happen across New York City alone. When you’re suddenly in one of them, the chaos of the moment can make it nearly impossible to think clearly. I’ve worked with countless clients who made small but costly mistakes in the hours and days after a crash simply because nobody told them what to watch out for.

As a New York personal injury attorney, I walk people through these situations regularly. What surprises most clients isn’t the complexity of the legal system itself. It’s the surprisingly tight deadlines that can make or break a claim before it even gets started. New York has some of the strictest insurance filing requirements in the country, and missing them by even a day or two can cost you thousands in benefits you were otherwise entitled to receive.

Understanding exactly what to do, and when to do it, puts you in the strongest possible position whether you’re dealing with a fender bender or a serious collision that changes your life.

The Critical First 30 Minutes

The moments immediately following a crash set the stage for everything that comes after. Your first priority is always safety. If your vehicle is drivable and blocking traffic, move it to the shoulder or a parking area when you can do so safely. Turn on your hazard lights to warn other drivers.

Check yourself and your passengers for injuries. Adrenaline masks pain remarkably well, so don’t assume you’re fine just because nothing hurts right away. Many soft tissue injuries, particularly whiplash and disc injuries, don’t produce symptoms until 24 to 72 hours after impact.

Call the police. New York law requires you to summon police when any accident involves injury or death. Even for property-damage-only crashes, having a police report creates an official record that simplifies your insurance claim considerably.

While waiting for help to arrive, document everything you can. Modern smartphones make this straightforward:

Scene Photos: Capture vehicle positions, damage from multiple angles, skid marks, and debris patterns before anything moves.
Traffic Controls: Photograph nearby stop signs, traffic signals, lane markings, and any relevant road conditions.
Other Vehicles: Get clear shots of all license plates and vehicle damage.
Visible Injuries: Document cuts, bruises, or swelling on yourself or passengers.

Exchange insurance information with every driver involved, and collect contact details from any witnesses. Avoid discussing fault with anyone at the scene, including admissions that might seem harmless like “I didn’t see you there.” These statements have a way of appearing in insurance adjuster notes and complicating claims later.

New York’s 30-Day No-Fault Deadline

This is where most people trip up, and it can be devastating. New York operates under a no-fault insurance system, which means your own insurance pays for initial medical expenses and lost wages regardless of who caused the crash. The coverage provides up to $50,000 in benefits for medical bills, 80% of lost earnings capped at $2,000 monthly, and certain other expenses.

To access these benefits, you must file a written application, known as the NF-2 form, with your insurance company within 30 calendar days of the accident. Not business days. Calendar days. If your crash happens on November 1st, the form must reach your insurer by December 1st, even if that falls on a weekend or holiday.

According to the New York State Department of Financial Services, missing this deadline can result in complete denial of your no-fault claim. I’ve seen clients lose their entire $50,000 in potential benefits over a matter of days. The regulations do allow for late submissions if you provide “clear and reasonable justification,” but proving that exception is difficult and unreliable.

Here’s what the no-fault system covers once you’ve filed properly:

Medical Expenses: Emergency room visits, doctor appointments, MRIs, physical therapy, prescription medications, and necessary medical equipment.
Lost Wages: 80% of gross income up to $2,000 per month for up to three years following the accident.
Other Expenses: Transportation to medical appointments and household assistance up to $25 daily.

Your medical providers must submit their bills within 45 days of treatment, and lost wage claims require documentation every 30 days. Tell every doctor, physical therapist, and specialist that your treatment relates to a motor vehicle accident so they bill the correct insurance carrier.

The 10-Day DMV Reporting Requirement

Beyond the insurance deadline, New York law requires you to file a separate accident report with the Department of Motor Vehicles within 10 days if the collision caused injuries, death, or more than $1,000 in property damage. Given that even minor bumper repairs frequently exceed this threshold, most accidents require DMV notification.

The form you need is the MV-104, officially titled the “Report of Motor Vehicle Accident.” You can download it from the New York DMV website or obtain it at any DMV office. Failing to file this report can result in fines and potential suspension of your driver’s license, adding unnecessary complications to an already stressful situation.

This requirement exists separately from any police report made at the scene. Even when officers respond and document the crash, you’re still personally responsible for submitting the MV-104 to the DMV.

Why Immediate Medical Attention Matters

Insurance companies look for any excuse to minimize payouts. One of their favorite tactics involves exploiting gaps between the accident date and when you first sought treatment. If you wait a week to see a doctor, adjusters will argue either that your injuries weren’t serious enough to require immediate attention or that something else caused your symptoms during that gap.

I recommend that clients seek medical evaluation within 24 to 48 hours of any collision, even if they feel relatively fine. This creates a documented baseline of your condition immediately after the crash. Some injuries, particularly those involving spinal discs and soft tissue, develop gradually. Early documentation connects the dots between the accident and your eventual diagnosis.

Follow your doctor’s treatment recommendations consistently. Skipping physical therapy sessions or missing follow-up appointments gives insurers ammunition to claim you weren’t really hurt or that you failed to mitigate your damages. The medical records from consistent treatment tell a story that protects your interests down the line.

Common Mistakes That Damage Claims

Having represented accident victims for years, I’ve seen the same preventable errors destroy otherwise strong cases:

Social Media Activity: Insurance adjusters monitor Facebook, Instagram, and other platforms for photos or statements that contradict injury claims. A simple post showing you at a family event can be twisted to suggest your injuries aren’t limiting your activities.
Recorded Statements: The at-fault driver’s insurance company may contact you asking for a recorded statement. You’re under no legal obligation to provide one, and anything you say can be used to challenge your claim.
Early Settlement Acceptance: Initial offers typically represent a fraction of what claims are actually worth. Once you accept a settlement, you cannot seek additional compensation even if your injuries turn out worse than expected.
Incomplete Documentation: Failing to preserve evidence, losing medical records, or neglecting to track expenses creates gaps that complicate negotiations.

When Your Injuries Exceed No-Fault Coverage

The no-fault system handles basic economic losses efficiently, but it doesn’t compensate you for pain and suffering or injuries that exceed the $50,000 coverage limit. To pursue those damages, your injuries must meet New York’s “serious injury” threshold defined under Insurance Law Section 5102(d).

Qualifying conditions include fractures, permanent limitations, significant disfigurement, and injuries that prevent you from performing substantially all normal activities for at least 90 days within the first six months following the accident. Meeting this threshold opens the door to filing a personal injury lawsuit against the at-fault driver for additional compensation.

Understanding how different injury types affect settlement values requires a deeper analysis. For a comprehensive breakdown of what neck, back, and other injuries typically settle for in New York, see our detailed guide on car accident injury claims in New York.

Protecting Your Recovery Starts Now

The weeks following a car accident determine much of what happens later. Prompt action on deadlines, thorough documentation, and consistent medical treatment create the foundation for successful claims. Delay or carelessness in any of these areas gives insurance companies leverage they’re eager to exploit.

If you’ve been in a collision and aren’t sure whether you’re handling things correctly, consulting with an experienced New York personal injury attorney can provide clarity and critical information for your claim so that you can get the help and compensation that you deserve.

Contributed By: Dan Rose, A Senior Local Business Guide Specializing In Personal Injury Law Resources

Have you been injured in an accident and want to get all the compensation you deserve?
Don’t navigate New York’s complex insurance laws alone.
Contact Ribowsky Law at https://mrinjurylawyerny.com for a free consultation to understand your options and protect your rights.

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