Detailed answer — what to do and how New York law applies

1. Immediate actions at the scene

Take these steps right away. They preserve evidence and protect your health and rights.

• Call 911 if anyone is injured or if the collision is more than minor.
• Get medical attention even if you feel OK. Some injuries show up later.
• Call the police and make sure a police report is created. The report is often key evidence that the other driver violated a traffic control sign.
• Exchange names, phone numbers, license numbers, plate numbers, and insurance information with the other driver.
• Photograph the scene: skid marks, traffic signs, vehicle positions, damage, your injuries, and any visible road or weather conditions.
• Collect witness names and contact information.

2. The New York no-fault insurance system — first steps for medical bills and lost wages

New York generally uses a no-fault system for automobile accident medical and lost-wage benefits. File a claim with your own auto insurer promptly to access Personal Injury Protection (PIP) benefits for reasonable and necessary medical expenses and certain lost earnings.

At the same time, preserve your right to bring a third-party claim against the driver who ran the stop sign. If your injuries meet New York’s serious-injury threshold, or meet other exceptions, you can seek pain-and-suffering damages from the at-fault driver beyond no-fault benefits. For the statutory text about the no-fault threshold and what counts as a “serious injury,” see New York Insurance Law §5102: https://www.nysenate.gov/legislation/laws/INS/5102.

3. When you can file a third-party personal injury lawsuit

To bring a negligence claim against the other driver you must prove four elements: (1) the other driver owed you a duty of care (all drivers do); (2) the driver breached that duty (running a stop sign is a breach); (3) the breach caused your injury; and (4) you suffered actual damages (medical bills, lost wages, pain and suffering).

Traffic violations and the police report are strong evidence that the driver breached a duty by running the stop sign. Combine that with medical records and proof of damages to support a claim for compensation.

4. Important deadlines — statute of limitations

In New York, most personal injury claims from negligence must be filed within three years of the accident. This deadline is set by the Civil Practice Law & Rules (CPLR) §214. If you miss this deadline, a court will usually dismiss your case: https://www.nysenate.gov/legislation/laws/CPLR/214.

5. Evidence you will need

Build a file with:

• Police report and incident number.
• Photos and videos of the scene, vehicles, and injuries.
• Medical records, emergency room notes, diagnostics (X‑rays, MRIs), and billing statements.
• Proof of lost wages (pay stubs, employer statements).
• Witness statements and contact information.
• Estimates for vehicle damage or repair invoices.

6. Comparative fault and how New York handles shared blame

New York reduces a plaintiff’s recovery by the percentage of fault attributed to them. Even if you share some fault, you can still recover a portion of your damages, reduced by your percentage of responsibility. Keep documentation that counters any claim you were at fault (photos, witness accounts, timelines).

7. Settlement vs. lawsuit — how claims usually proceed

Most auto injury cases resolve by settlement before trial. Typical flow:

1. File a no-fault claim with your insurer and get medical treatment.
2. Notify the at-fault driver’s insurer and provide documentation of damages.
3. Negotiations begin — insurers may offer a settlement. Don’t accept a full-and-final release without understanding long-term medical needs.
4. If negotiations fail, file a lawsuit before the statute of limitations expires.

8. When to talk to an attorney

Consider consulting an attorney if any of the following apply:

• You suffered significant medical expenses or lost substantial income.
• Your injuries meet or may meet New York’s serious-injury rules for non-economic damages.
• The insurer disputes liability or downplays your injuries.
• The other driver is uninsured, underinsured, or fled the scene (hit-and-run).

An attorney can evaluate legal options, collect evidence, talk to insurers on your behalf, and file a lawsuit if needed.

9. Special situations — uninsured or hit-and-run drivers

If the other driver has no insurance or fled the scene, you may have options through your own uninsured/underinsured motorist (UM/UIM) coverage. Also report hit-and-runs to the police promptly; investigators can sometimes identify the vehicle or driver from witness accounts or traffic cameras.

Helpful Hints

• Seek medical care first. Your health is the top priority and medical records are key legal evidence.
• Don’t delay filing a no-fault claim with your insurer — prompt notice helps avoid benefit denials.
• Keep a chronological file with photos, bills, records, and notes about symptoms and treatment.
• Get the police report number and request a copy; it often lists citations for traffic violations like running a stop sign.
• Be cautious with early settlement offers. Insurers may value quick resolution over full recovery for future medical needs.
• If you decide to consult an attorney, bring your file (police report, photos, medical records, correspondence with insurers, and wage records).
• Remember the three-year filing deadline under CPLR §214 — protect your right to sue early if necessary: https://www.nysenate.gov/legislation/laws/CPLR/214.
• Visit the New York Vehicle & Traffic Law to understand traffic violations and enforcement: https://www.nysenate.gov/legislation/laws/VTL.