If you've been in a car accident on Long Island — on the LIE, Northern State, Sunrise Highway, or any local road in Nassau or Suffolk County — the actions you take in the first 24 hours can make or break your ability to recover compensation. As a Long Island car accident lawyer who has handled these cases since 2002, I've seen clients lose valid claims not because they had weak cases — but because they didn't know the rules.
This guide walks through exactly what to do, in what order, and why each step matters under New York law.
Stay at the scene and call 911 — immediately
The moment a crash occurs, your first legal obligation is to stop your vehicle. New York Vehicle and Traffic Law § 600 requires every driver involved in an accident that causes injury or property damage to stop, remain at the scene, and render reasonable assistance. Leaving before complying with these duties — even if you believe you weren't at fault — is a criminal offense ranging from a misdemeanor to a felony depending on the circumstances.
Call 911 immediately if anyone appears injured, if vehicles are blocking traffic, or if the property damage is significant. In Nassau County, you are generally required to file an accident report if anyone is injured or property damage exceeds $1,000. The 911 call generates a CAD record and ensures a police officer is dispatched to prepare an official accident report, which is one of the most important documents in your case.
⚠️ Important: Move your vehicle to the shoulder if possible to avoid secondary accidents. But never flee the scene — even if you're concerned about fault. Leaving is far worse legally than any traffic violation that caused the crash.
Check for injuries and do not move injured persons
Check yourself and all passengers for pain, numbness, or disorientation. If anyone appears seriously injured, keep them still — spinal and neck injuries can be worsened by movement. Keep injured persons warm and calm. Provide basic first aid only if you are trained to do so; otherwise, wait for EMS.
Report all injuries to 911 dispatch. If you feel any pain — even minor — tell the dispatcher and the responding officer. This creates a contemporaneous record of symptoms. Many accident victims underreport pain at the scene because adrenaline suppresses the sensation. Don't let that happen: document every symptom, no matter how minor it seems.
Document the scene — while evidence still exists
Evidence disappears faster than most people expect. Skid marks wash away in rain. Surveillance cameras overwrite footage in 24–72 hours. Witnesses scatter. Road defects get repaired. The few minutes you spend documenting the scene can be the difference between a strong case and an unprovable one.
Photograph and video:
- All vehicle damage from multiple angles — front, rear, sides, interior
- The overall intersection or highway layout, including lane markings
- Traffic signals, stop signs, speed limit signs
- Skid marks, debris, and fluid spills
- Any visible injuries on yourself or passengers
- The other driver's license, registration, and insurance card (photograph all)
- All license plates involved
- Weather conditions, lighting, and road surface
Collect from all other drivers: Full name, address, phone number, driver's license number, license plate, insurer name and policy number.
Witnesses: Ask bystanders if they saw the accident. If yes, get their names and phone numbers. Witness testimony from a disinterested third party can resolve disputed fault questions.
Pro tip: If there is a nearby business, gas station, or intersection camera, note its location. A lawyer can send a formal preservation letter to prevent the footage from being overwritten. This must often happen within 24–48 hours.
Seek medical care within 24 hours — even without symptoms
This is one of the most common mistakes accident victims make: they feel okay at the scene, so they skip the doctor. Then, days or weeks later, they experience severe neck pain, back pain, or headaches that turn out to be disc herniations or concussions — and now the insurance company argues the injuries weren't caused by the accident because there was a treatment gap.
See a doctor within 24 hours. Go to an emergency room, urgent care, or your primary care physician. Tell them you were in a car accident and describe every symptom, even if mild. Request appropriate imaging (X-rays for fractures, MRI for soft tissue, CT for head injuries).
Under New York's no-fault system, your auto insurer covers medical treatment up to $50,000 — so the financial barrier to care is low. The medical record creates the evidentiary link between the crash and your injuries, which is essential to any personal injury claim.
Continue all recommended follow-up care. Insurance companies review medical records for "gaps in treatment" — periods where you stopped seeing doctors — and use those gaps to argue you weren't seriously hurt or that your injuries resolved. Consistent care protects you.
Report to your own insurer — and do not give the other insurer a recorded statement
You have a contractual obligation to notify your own auto insurer of any accident in a reasonable time. Report the crash to your carrier within 24–48 hours. Cooperation with your own insurer is required; failing to report or cooperating fully can jeopardize your no-fault and collision coverage.
However, you have no obligation to give a recorded statement to the other driver's insurance company. When the opposing insurer calls, be polite but firm: "I'd prefer not to give a recorded statement at this time. Please send any requests in writing." Then call an attorney.
Insurance adjusters are skilled at asking questions that seem benign but can lock you into statements that minimize your injuries or maximize your fault. Even a simple "I'm feeling a little better today" can be used to argue your injuries resolved. An attorney can handle all communication with the opposing insurer on your behalf.
File your no-fault application within 30 days — this deadline is absolute
⚠️ Critical deadline: 30 days from the accident date to file your no-fault (PIP) application. Missing this deadline typically results in denial of all no-fault benefits.
New York's no-fault insurance system (governed by Insurance Law Article 51) covers up to $50,000 in medical expenses, 80% of lost wages (up to $2,000/month), and other out-of-pocket losses — regardless of who caused the accident. But you must file the no-fault application (NF-2 form) with your own insurer within 30 days of the crash.
The insurer then has 30 days to pay or deny each bill after receiving proper documentation. If your insurer requires a medical examination (often called an "IME" or "independent medical examination"), you must attend or no-fault benefits can be suspended.
Additional no-fault coverage may be available: Optional Basic Economic Loss (OBEL) adds another $25,000, and some policies include supplemental spousal liability coverage. An attorney can review your full policy to identify all available coverage.
Obtain the police report (typically available in 3–5 days)
The police report is a foundational document in your case. It records the responding officer's observations, the parties involved, license and insurance details, witness information, and sometimes a preliminary fault determination. Request it as soon as it becomes available.
| Jurisdiction | Contact | Notes |
|---|---|---|
| Nassau County | NCPD Records Bureau (516) 573-7000 | Available online or in person. MV-104 form required if not filed at scene. |
| Suffolk County | SCPD Records (631) 852-6600 | In-person or by mail request. Fee may apply. |
| NY State Trooper | NYSP Records Section (518) 457-6811 | For accidents on state highways and parkways. |
Review the police report carefully for errors — incorrect license plate, wrong party listed as driver, inaccurate description of the crash. Errors can and should be challenged with supplemental documentation.
Consult a Long Island car accident attorney before signing anything
Before you give any recorded statements, sign any releases, or accept any settlement offers, consult with a Long Island car accident lawyer. Initial consultations are free and create no obligation.
An attorney can:
- Send immediate preservation letters to secure surveillance footage and electronic data
- Coordinate all contact with insurers so you don't inadvertently harm your claim
- Review all applicable insurance policies — yours, the at-fault driver's, umbrella policies, employer policies if a work vehicle was involved
- Handle the no-fault application process and IME appearances
- Evaluate whether your injuries meet the "serious injury" threshold for a pain-and-suffering claim under Insurance Law § 5102(d)
- Investigate third-party liability — road defects, government vehicles, commercial vehicle employers, dram shop liability
- Build the medical evidence foundation for a damages claim
Our firm handles car accident cases on a contingency fee basis — you pay no upfront fee and nothing out of pocket. Our fee is a percentage of what we recover. If we don't win, you owe nothing.
Critical Deadlines After a Long Island Car Accident
| Deadline | Action Required | Governing Law |
|---|---|---|
| 24–48 hours | Report to your own insurer | Policy requirement |
| 30 days | File no-fault (PIP) application | Insurance Law Art. 51 |
| 90 days | Notice of claim (government vehicles/road defects) | GML § 50-e |
| 2 years | File wrongful death lawsuit | EPTL § 5-4.1 |
| 3 years | File personal injury lawsuit | CPLR § 214 |
These are general guidelines. Specific facts may create different or shorter deadlines. Consult an attorney to identify all applicable deadlines in your case.
5 Mistakes That Can Hurt Your Car Accident Claim
Delaying medical care
The most common mistake. A gap between the accident and first treatment gives insurers their strongest argument: 'If you were really hurt, why didn't you see a doctor immediately?' Insurance Law § 5102(d) requires documented injury, and that documentation begins with your first medical visit.
Posting on social media
Anything you post — photos, check-ins, activity updates — can be discovered in litigation. A photo of you hiking two weeks after claiming a back injury can be devastating. Pause all social media activity after a serious accident and don't discuss the case online.
Accepting a quick settlement
Insurance companies sometimes offer fast settlements before the full extent of injuries is known. Accepting a settlement and signing a release extinguishes all future claims — even if you discover you need surgery six months later. Never accept a settlement without first consulting an attorney.
Missing the no-fault deadline
The 30-day deadline for filing your no-fault application under Insurance Law § 5106 is strict. Courts rarely excuse late filings. Missing it means you bear the cost of all initial medical treatment out of pocket, even if you eventually win a liability claim.
Giving the opposing insurer a recorded statement
You are not required to cooperate with the other driver's insurer. Their adjuster's job is to minimize the payout. Politely decline recorded statements until you've spoken with an attorney who can protect your interests.
Special Situations: Different Rules Apply
Government or municipal vehicle involved?
If a county bus, school district vehicle, town vehicle, or road defect caused your accident, you have only 90 days to file a notice of claim under General Municipal Law § 50-e. This deadline is separate from and earlier than the 3-year statute of limitations. Missing it can permanently bar your claim against the government entity.
Commercial truck or delivery vehicle?
Truck accidents involve additional liability layers: the driver's employer, the cargo owner, the vehicle leasing company, and potentially the truck manufacturer. Electronic logging device (ELD) data and driver qualification files must be preserved immediately — they are often destroyed on regular purge schedules.
Uber, Lyft, or rideshare accident?
Rideshare accidents involve complex insurance layering: the driver's personal policy, the TNC's $1.25M liability coverage (when carrying a passenger), and potentially Uber/Lyft's own coverage depending on the app status at the time. Screenshot the app and preserve all trip records immediately.
Hit and run or uninsured driver?
New York requires UM/UIM (uninsured/underinsured motorist) coverage on all auto policies — minimum $25,000/$50,000. For hit-and-run accidents, report to police within 24 hours and contact your own insurer promptly to trigger UM benefits. An attorney can also investigate whether additional sources of recovery exist.
Jason Tenenbaum, Esq.
Managing Attorney — Law Office of Jason Tenenbaum, P.C.
Jason has been representing personal injury and no-fault clients in Nassau and Suffolk County courts since 2002. He handles every case himself — from the initial consultation through trial. This guide reflects his 24-plus years of experience navigating New York's no-fault system and litigating car accident claims on Long Island.