Qué Hacer Después de un Accidente de Auto en NYC: Guía Paso a Paso

Car accidents in Nueva York happen every day — on the FDR, on Atlantic Avenue, on the Grand Concourse, at intersections across all five boroughs. What you do immediately after the crash determines whether you receive full compensation or walk away with far less than mereces.

This guide covers every step, in order, with the specific Nueva York rules that apply to each one.

Paso 1: Verifica si Hay Heridos y Llama al 911

Your first priority is safety. Check yourself and every passenger for injuries. Even if you feel okay, call 911. In Nueva York, you tienen la obligación legal de call the police any time there is injury, death, or property damage over $1,000 — which is virtually every accident involving another vehicle.

When police arrive, a report will be filed. Ask the responding officer for the report number — you will need it for your insurance claim. NYPD accident reports are filed with the Department of Motor Vehicles and can be retrieved online.

Paso 2: Documenta Todo en la Escena

Before anything is moved or cleaned up, document the scene thoroughly with your phone camera:

• Every vehicle involved — all four angles, close-up of damage, license plates
• The intersection or road, showing any traffic signals, signs, or road conditions
• Skid marks, debris, fluid on the road
• Any visible injuries — bruising, cuts, swelling
• Weather and lighting conditions
• Any surveillance cameras you can identify on nearby buildings

Paso 3: Intercambia Información — Lo que Necesitas

Get all of the following from every driver involved:

• Full legal name, address, and phone number
• Driver's license number and state
• Vehicle registration and license plate
• Insurance company name, policy number, and claims phone number
• If the driver is not the registered owner, the owner's name and contact

If there are witnesses — bystanders, other drivers who stopped — get their names and phone numbers. Witness testimony is powerful, especially at busy NYC intersections where liability is disputed.

Paso 4: Busca Atención Médica el Mismo Día

Even if you feel fine, go to an emergency room or urgent care the el mismo día. Adrenaline masks pain. Many serious injuries — whiplash, concussions, herniated discs — have delayed symptom onset. They feel fine for hours or even days before becoming severe.

Paso 5: Entiende el Sistema de Seguro Sin Culpa de Nueva York

Nueva York is a no-fault insurance state under Article 51 of the Nueva York Insurance Law. This means your own auto insurance pays your facturas médicas and salario perdido — up to your policy's Lesiones Personales Protection (PIP) limits — regardless of who caused the accident.

The mandatory minimum PIP coverage in Nueva York is $50,000 per person. Your insurer covers your medical expenses and 80% of salario perdido up to those limits without any need to prove the other driver was at fault.

The critical exception: To step outside the no-fault system and sue the at-fault driver for dolor y sufrimiento, your injury must meet Nueva York's "serious injury" threshold under CPLR §5102(d). Qualifying serious injuries include:

• Death
• Dismemberment or significant disfigurement
• Fracture (any bone)
• Permanent loss of use of a body organ, member, function, or system
• Significant limitation of use of a body function or system
• Medically determined injury preventing daily activities for 90 of the first 180 days post-accident

Paso 6: No Hables con la Aseguradora del Otro Conductor

The at-fault driver's insurance company may call you within hours. They will be friendly. They will say they just want to get your statement to "help" process the claim. Do not give them a recorded statement.

Their goal is to get you on record minimizing your injuries or admitting any degree of fault before you understand the full extent of your damages. Anything you say can and will be used to reduce or deny your claim. You are not obligado legalmente a give them a statement. Politely decline and say your attorney will be in touch.

Paso 7: Llama a un Abogado Antes de Aceptar Cualquier Acuerdo

Las compañías de seguros often contact accident victims within days with a settlement offer. These early offers are almost never adequate. They are calculated based on your immediate facturas médicas — not your future medical needs, your lost earning capacity, or the full value of your dolor y sufrimiento.

Once you accept a settlement and sign a release, you cannot ask for more money — even if your injuries turn out to be far more serious than they appeared. The release is final. Call an attorney before signing anything.

Plazos Específicos de NYC que No Puedes Perder

3 years — General personal injury plazo de prescripción for car accident lawsuits against private parties (CPLR §214).

90 days — Notice of Claim deadline if a government vehicle (MTA bus, DSNY truck, city vehicle) was involved. Missing this permanently bars your claim against the City.

30 days — No-fault PIP application with your own insurer.

24-72 hours — Window before security camera footage is often overwritten. This is why calling a lawyer the el mismo día matters.