You are reading this the morning after a crash. Your neck aches, your car is at a body shop, and your phone is filling up with calls from insurance adjusters. Take a breath — you can handle this one step at a time.
The first 24 hours after a Brooklyn car accident are the most important for your health and your legal case. What you do today will shape how much of your medical care gets paid for, whether the insurance company takes your injuries seriously, and whether you can recover money for lost wages and pain and suffering later. Here is a plain-English checklist — the calls to make, the paperwork to start, and the New York deadlines that quietly begin ticking the moment metal touches metal.
The First Few Hours: Safety, Medical Care, and the Police Report
1. Get to safety and call 911
If you are still at the scene: move to the sidewalk if you can, turn on your hazards, and call 911. In New York, drivers are required to stop and remain at the scene of any crash involving injury or property damage. Police response also creates an official record — the police accident report — that insurers, doctors, and lawyers will rely on for months to come.
2. See a doctor — even if you “feel okay”
Adrenaline is a powerful painkiller. Whiplash, concussions, and soft-tissue injuries often do not surface until 12 to 72 hours after impact. If you did not go to the ER last night, go this morning — an ER, urgent care, or your own primary care doctor is fine. Tell them clearly: “I was in a motor vehicle accident.” That one sentence links your visit to the crash in the medical record, which matters enormously for your no-fault claim.
3. Make sure a police report exists
The responding NYPD officer typically starts a report at the scene. Ask for the report number and the officer’s name. If police were not called — common with minor-looking fender-benders that later reveal serious injuries — you will need to file your own DMV report. More on that below.
What to Document Before Memories Fade
4. Photos, video, and witness information
If you can safely return to the scene today, do it — photograph skid marks, traffic signals, sightlines, and any construction cones or debris. From last night, gather:
- Photos of all vehicles (all four sides, license plates, and interior damage)
- Photos of your visible injuries — bruises can look worse today than yesterday
- The other driver’s name, license number, insurance card, and license plate
- Names and phone numbers of any witnesses
- The exact intersection or address, and the direction you were traveling
5. Save everything from the ER
Keep discharge papers, prescriptions, and any imaging orders. Snap a photo of your parking receipt, your Uber home, and any medication you had to buy. New York’s no-fault system reimburses these, but only if you can prove them.
The 24-Hour Insurance and Paperwork Clock Starts Now
6. Notify your own insurance company
Your first call should be to your auto insurer — not the other driver’s. Report the accident factually: date, time, location, vehicles involved, and that you were injured. Do not speculate about fault, and do not agree to a recorded statement with the other driver’s insurer until you have spoken with a lawyer.
7. Understand New York’s no-fault (PIP) system
New York is a “no-fault” state. That means your own auto insurance policy — regardless of who caused the crash — pays your initial medical bills, up to 80% of your lost earnings (capped at $2,000 per month), and certain other necessary expenses, up to a total of $50,000 in Personal Injury Protection (PIP) benefits. These benefits are available to drivers, passengers, and pedestrians struck by a covered vehicle.
8. Request the No-Fault application (Form NF-2)
Ask your insurer today for the NF-2 Application for No-Fault Benefits. Under New York’s no-fault regulations, this application must be submitted to the insurance carrier within 30 days of the accident. Miss that window and the insurer can lawfully deny your medical bills and lost wages. Fill it out carefully — small mistakes here cause months of delays.
Deadlines You Cannot Miss in New York
Every crash starts a set of quiet countdowns. Write these on your fridge.
The 10-day DMV report (Form MV-104)
If your accident involved injury, death, or more than $1,000 in property damage to any one person’s property, New York Vehicle & Traffic Law §605 requires you to file a DMV Form MV-104 within 10 days. This is your driver’s report — separate from the police report. Failing to file can result in suspension of your driver’s license.
The 30-day no-fault application
As above: your NF-2 must reach the insurer within 30 days. Passengers, cyclists, and pedestrians file with the insurer of the vehicle that struck them (or the vehicle they were riding in). Do not assume anyone else will do this for you.
The 90-day notice of claim (city vehicles and city roads)
If your crash involved an MTA bus, an NYPD vehicle, a Sanitation truck, or an unsafe roadway maintained by New York City, you must serve a Notice of Claim within 90 days under General Municipal Law §50-e. This is not a lawsuit — it is a formal written warning to the city that you intend to sue. Miss the 90 days and, absent narrow exceptions, your case against the city is over before it begins.
The 3-year statute of limitations
For a negligence lawsuit against another private driver, New York gives you three years from the date of the accident to file suit under CPLR §214. Three years sounds like a long time — it is not. Building medical evidence, identifying every defendant, and negotiating with insurers routinely takes a year or more before suit is filed.
The “serious injury” threshold
Here is the trap New York’s no-fault law sets. Under Insurance Law §5102(d), you can sue the at-fault driver for pain and suffering only if your injuries meet the “serious injury” threshold — for example, a fracture, significant disfigurement, significant limitation of a body function or system, or a medically-determined non-permanent injury that prevents you from performing substantially all your usual daily activities for at least 90 of the 180 days after the accident. Below that threshold, your recovery is limited to no-fault benefits. This is why every doctor’s visit and every missed day of work matters.
What NOT to Do in the First 24 Hours
- Do not post on social media. A photo of you smiling at brunch will be Exhibit A in the insurance company’s defense.
- Do not give a recorded statement to the other driver’s insurer. They can, and will, use your words against you. It is not required.
- Do not sign a medical release or settlement offer. A quick check today can bar you from recovering tens of thousands later.
- Do not tough it out. If a new symptom appears — dizziness, numbness, worsening back pain — see a doctor today and get it documented.
When to Call a Brooklyn Car Accident Lawyer
The honest answer: today, if you can. A short phone call costs nothing and protects everything. An experienced car accident lawyer in Brooklyn can file your NF-2 correctly, preserve evidence before it disappears (business surveillance footage is often overwritten within a week or two), coordinate your medical care, and handle insurance calls so you can focus on healing.
At Redmond Law Firm, our team helps injured drivers, passengers, and pedestrians across Brooklyn, the Bronx, Manhattan, and Queens. Consultations are free, we work on a no-win, no-fee basis, and we take calls in English and Spanish. If you were hurt in a crash, contact us or call (646) 285-7115 — the sooner we start, the more of those deadlines we can protect for you.
Frequently Asked Questions
Do I have to call the police after a car accident in Brooklyn?
Yes, in almost every case. New York law requires drivers to report accidents involving injury, death, or property damage. Even for a minor fender-bender, calling 911 creates an official record that protects you if the other driver later changes their story or if injuries appear a day or two later. If police did not respond, you must file a DMV Form MV-104 yourself within 10 days.
What is “no-fault” insurance in New York, and does it apply to my crash?
New York’s no-fault system means your own auto policy pays your initial medical bills, up to 80% of lost wages (capped at $2,000 per month), and certain other expenses — up to $50,000 in Personal Injury Protection (PIP) benefits — regardless of who caused the crash. It covers drivers, passengers, and pedestrians struck by a covered vehicle. You must file Form NF-2 with the insurer within 30 days to preserve these benefits.
How long do I have to file a car accident lawsuit in New York?
For most negligence claims against another private driver, you have three years from the date of the accident under CPLR §214. If a city bus, city vehicle, or city road is involved, a Notice of Claim must be served within 90 days under General Municipal Law §50-e, and suit must generally be filed within one year and 90 days. Because deadlines vary, talk to a lawyer promptly.
Can I sue for pain and suffering after a Brooklyn car accident?
Sometimes. Under New York Insurance Law §5102(d), you can pursue pain-and-suffering damages against the at-fault driver only if your injuries meet the state’s “serious injury” threshold — for example, a fracture, significant disfigurement, or a substantial limitation lasting at least 90 of the 180 days after the crash. A Brooklyn car accident attorney can review your medical records and tell you where you stand.
What should I do if I feel fine right after the accident but hurt the next day?
Go see a doctor today and tell them, on the record, that you were in a car accident. Whiplash, concussions, and back injuries commonly show up 12 to 72 hours after impact. Documenting the delayed onset in your medical chart protects your no-fault claim and your right to sue later. Then contact a car accident lawyer before speaking with any insurance adjuster.
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.