What to do next with your personal injury claim after getting the crash report (New York)

Quick overview: After you receive the police crash report, you have key pieces of evidence that let you move your personal injury claim forward. In New York, you should (1) preserve evidence and medical documentation, (2) notify and work with your insurer, (3) evaluate whether your injuries meet the no‑fault “serious injury” exception, (4) calculate damages, and (5) consider hiring an attorney. This article explains each step and points to the most important New York rules you need to know.

Disclaimer

This is educational information and not legal advice. For case‑specific guidance, consult a licensed New York attorney.

Detailed answer — Step‑by‑step: what to do now

1. Read the crash report carefully and get certified copies

Confirm the basic facts recorded: date/time, location, parties, witnesses, vehicle descriptions, diagrams, and officer observations. If you spot factual errors, note them now and gather evidence (photos, video, witness contact info) that shows the correct facts.

Keep a certified or official copy of the report. You can usually request it from the responding police agency or the DMV. The official form and request procedures are available from the NY DMV website (police reports are the primary official record of the collision).

2. Seek and document medical care immediately

Prioritize health: get medical attention as soon as possible. Prompt documentation links your injuries to the crash. Keep all records: ER notes, imaging (X‑rays, CT, MRIs), doctor visits, prescriptions, and therapy records. Save receipts for medical‑related expenses and mileage to appointments.

3. Notify your insurer and the at‑fault party’s insurer

New York requires timely notice to insurers so claims proceed smoothly. Report the crash and your injuries to your auto insurer (for PIP coverage) and to any at‑fault driver’s insurer. Provide the crash report number and basic facts, but avoid detailed legal statements or assigning blame in writing until you understand the full picture.

4. Understand New York’s no‑fault rules and the serious injury threshold

New York uses a no‑fault personal injury protection (PIP) system for basic economic loss (medical expenses, lost earnings). If your injuries are minor, PIP may be the primary recovery route. To file a negligence suit against the at‑fault driver for pain and suffering, your injury generally must meet the “serious injury” standard defined in New York law. See New York Insurance Law § 5102 for definitions of “basic economic loss” and “serious injury.” You or your attorney must evaluate whether your injuries qualify to pursue pain-and-suffering damages beyond no‑fault benefits. For the statute, see: https://www.nysenate.gov/legislation/laws/INS/5102

5. Track and preserve all evidence

Collect and preserve:

• Crash photos and videos (vehicle positions, damage, road markings, weather).
• Vehicle repair estimates and invoices.
• Medical records and bills.
• Pay stubs and employer statements for lost wages.
• Witness names, contact info, and written statements if available.

6. Calculate damages — economic and non‑economic

Economic damages: medical bills, future medical costs, lost wages, vehicle repair/out‑of‑pocket expenses. Non‑economic damages: pain and suffering, loss of enjoyment of life, emotional distress. If your injuries meet the serious injury standard, you can pursue non‑economic damages in a lawsuit beyond PIP benefits.

7. Watch the statute of limitations

In New York, the general statute of limitations for personal injury claims based on negligence is three years from the accident. That limitation is set by CPLR § 214. Missing this deadline can bar your lawsuit, so act promptly. See the statute here: https://www.nysenate.gov/legislation/laws/CPLR/214

8. Be careful with recorded statements and early settlement offers

Insurance adjusters may request a recorded statement or offer an early settlement. You are not required to give a recorded statement and you should avoid accepting any release or settlement without understanding whether it fully compensates your losses. Consider speaking with an attorney before signing anything.

9. Consider hiring an attorney

An experienced New York personal injury attorney can:

• Evaluate whether your injuries meet the serious injury threshold to pursue pain and suffering.
• Gather and preserve evidence (including subpoenas for records if needed).
• Handle negotiations with insurers and maximize recoverable damages.
• File suit timely and represent you in court if settlement fails.

10. If you decide to sue, prepare for demand, negotiation, and possible litigation

Typical timeline: your attorney prepares a demand package (records, summary of damages, demand number), negotiates with the insurer, and if negotiations fail, files a complaint before the statute of limitations runs. Discovery follows and the case may settle or proceed to trial.

Helpful Hints — practical tips to keep your claim moving

• Make digital and physical copies of the crash report and all documents; keep originals safe.
• Write a short contemporaneous diary of symptoms, medical visits, and how injuries affect daily life — this helps prove non‑economic damages.
• Tell your medical providers the crash caused your injuries; consistent documentation matters.
• Don’t post detailed descriptions, photos, or admissions about the crash on social media.
• Get witness contact info before people disperse; even short witness notes are useful later.
• If you hire an attorney, give them the crash report and all receipts/records early — it speeds the claim evaluation.
• If you think the other driver was uninsured or underinsured, ask your own carrier about uninsured/underinsured motorist coverage.
• Track medical bills and payment responsibility — some providers bill insurers, others bill you first.

Key New York legal references

• Statute of limitations for personal injury: CPLR § 214 — https://www.nysenate.gov/legislation/laws/CPLR/214
• No‑fault and definitions including “serious injury”: Insurance Law § 5102 — https://www.nysenate.gov/legislation/laws/INS/5102
• NY DMV and local police agencies handle crash report copies. For general DMV resources visit the NYS DMV: https://dmv.ny.gov (search “report an accident” or “accident report”).

When to talk to an attorney

Talk to a New York personal injury attorney if any of these apply:

• Your injuries may be serious or ongoing.
• You face mounting medical bills or lost wages.
• The insurer disputes liability or offers a low settlement.
• You need help preserving evidence or dealing with complex insurance issues like uninsured/underinsured coverage.

Getting qualified legal advice early can protect your rights and ensure you don’t make mistakes that limit recovery.