The hospital discharged you, but you’re still in pain from the crash on the Long Island Expressway. Traffic in Long Island moves fast and hits hard, leaving thousands of accident victims each year struggling with injuries that can turn into financial distress.
That’s when what to do after a car accident becomes more than just treating your injuries. It's about protecting your financial future when the bills keep coming and your paychecks stop.
Compensation for your injuries and losses after a car accident in Long Island doesn't come automatically or easily. When you're seriously injured because of a negligent driver, your personal injury protection runs out fast, leaving you in a fight to protect your future.
You have too much at stake to leave to chance. Working with a trusted Long Island car accident lawyer is usually the first step to obtaining the financial relief you need and the peace of mind you crave after a serious accident.
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Key Takeaways
- Always seek prompt medical attention: Many injuries don’t show up right away, and delays can hurt both your health and your claim.
- New York’s no-fault insurance won’t cover everything: PIP pays for immediate costs, but serious injuries may require a separate legal claim for full compensation.
- Hire a Long Island car accident lawyer as soon as possible: Early legal help protects your rights and improves your chances of recovering the compensation you deserve.
- Avoid social media and let your lawyer handle all insurance calls: Posts, comments, and statements can be used to minimize or deny your claim.
- Document everything related to your accident and recovery: Photos, records, receipts, and personal evidence of your daily struggles can strengthen your case.
- Don’t wait. Deadlines in New York are strict: You may have as little as 90 days to act in some cases to take legal action, so contact an attorney quickly.
Car Accidents and New York's No-Fault Insurance System
New York operates under a no-fault insurance system that affects how car accident claims work throughout Nassau and Suffolk Counties. Your own insurance company pays immediate medical bills and lost wages regardless of who caused the accident.
Personal injury protection (PIP) benefits
New York is in a minority of states that operate under a no-fault insurance system. Essentially, this means that the accident victim’s own auto insurance policy pays for damages even when the accident wasn’t their fault.
Every New York driver must carry Personal Injury Protection coverage under New York Insurance Law Section 5102. This coverage pays medical bills, lost wages, and essential services up to your policy limits.
PIP benefits provide immediate financial relief while you recover from your injuries. You don't need to prove fault or wait for investigations to receive these benefits.
However, PIP coverage has strict limitations. It only covers basic economic losses and doesn't compensate you for pain and suffering or long-term disability impacts. If your injuries lead to medical expenses and other costs that surpass your PIP’s coverage limits, you will have to take legal action against the at-fault driver’s insurer for additional compensation.
Serious injury threshold requirements
New York law allows injured parties to sue the at-fault driver for additional damages when injuries meet the "serious injury threshold." These serious injuries are defined in New York Insurance Law Section 5102.
These injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture of any bone
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Injury that prevents a person from performing substantially all of their usual and customary daily activities for at least 90 out of the first 180 days after a car accident
Your attorney evaluates whether your injuries meet this threshold and determines the best strategy for pursuing maximum compensation from all available sources
Comprehensive Steps to Protect Your Car Accident Claim
Your medical treatment has begun, but numerous critical actions will determine whether you receive fair compensation for your injuries and losses.
If You Haven't Received Medical Attention
Many accident victims say they feel fine immediately after crashes on busy Long Island roads like the LIE or Northern State Parkway, only to discover serious injuries days or weeks later. Adrenaline masks pain during initial trauma, and symptoms like whiplash, back injuries, internal bleeding, and brain trauma can develop gradually.
See a medical professional immediately if you haven't already, even if you feel okay. Emergency rooms, urgent care centers, and your family doctor all create important medical records linking your symptoms to the accident, which provide key evidence should you need to pursue additional damages from the at-fault driver.
Delayed treatment gives insurance companies ammunition to argue your injuries aren't serious or weren't caused by the crash. The longer you wait, the harder it becomes to prove your case.
Hire a qualified Long Island car accident lawyer
Contact an experienced car accident attorney before speaking with any insurance companies. This single decision protects you from making costly mistakes during a vulnerable time.
Long Island personal injury attorneys know how local insurance companies operate around Nassau and Suffolk Counties. They handle all communications with insurers, allowing you to focus on recovery instead of fighting for fair treatment.
Many accident victims try to handle their own claims initially, only to realize later that they accepted far less money than their case deserved. Once you sign a settlement agreement, you cannot recover additional compensation even if your injuries prove more severe than expected.
Report the accident to your own insurance company
New York law and your policy terms require prompt accident reporting to your own insurance company. However, provide only basic factual information about the accident location, time, and vehicles involved. Your lawyer can help you with this.
Your insurance company needs to know about the accident to process your Personal Injury Protection benefits and handle property damage claims. These benefits provide immediate relief for medical expenses and lost wages.
Avoid detailed discussions about your injuries or how the accident occurred during initial calls. Let your attorney handle complex communications that could affect your claim's value.
Preserve and organize accident evidence
Collect and safeguard all accident-related documents and evidence for your attorney. Organizing evidence now helps prevent losing items that could strengthen your claim later.
Important evidence to preserve includes:
- Photos from the accident scene, vehicle damage, and your injuries
- Contact information for all witnesses who saw the crash
- Insurance information from all drivers involved
- Medical records from emergency room visits and ongoing treatment
- Receipts for accident-related expenses like towing and rental cars
Your lawyer can start the process if you couldn’t collect any of this evidence. They will use this evidence to build a comprehensive case demonstrating the other driver's negligence and the full scope of your damages.
Follow all medical treatment recommendations
Attend every scheduled appointment with doctors, physical therapists, and specialists treating your accident injuries. Missing appointments or ignoring treatment recommendations gives insurance companies reasons to challenge your claim.
Insurance adjusters scrutinize medical records, looking for gaps in treatment or inconsistencies in reported symptoms. They'll argue that missing appointments means you weren't really hurt or that you've recovered from your injuries.
Continue treatment even when you start feeling better. Physical therapy, specialist consultations, and follow-up visits all document your ongoing recovery process and strengthen your compensation claim.
Stay off social media completely
Avoid posting anything on Facebook, Instagram, Twitter, or other social media platforms while your case is pending. Insurance companies monitor accident victims' social media accounts, looking for evidence to devalue claims.
A photo of you enjoying yourself at a birthday party could be taken out of context to suggest you're not really injured. Videos you’re tagged in after your accident might be used to argue your injuries aren't as severe as claimed.
Insurance investigators often request social media records through legal discovery. Even "private" posts can become evidence against your claim if they contradict your stated injuries or limitations.
Direct all insurance contacts to your attorney
While New York's no-fault system means your own insurance company handles immediate PIP benefits, the at-fault driver's insurance company may still contact you if your injuries meet the serious injury threshold and you pursue additional compensation.
These insurance adjusters are trained negotiators whose job is to minimize their company's liability for injury claims. They may use seemingly innocent questions to gather information that damages your potential lawsuit later.
Politely tell insurance representatives to contact your attorney for any communications. Provide your lawyer's contact information and refuse to discuss the accident or your injuries directly.
Understand your employment rights
Workplace protections exist for employees recovering from car accident injuries. Your employer cannot legally fire you for taking time off to attend medical appointments or recover from injuries.
The Family and Medical Leave Act may provide job protection for extended recovery periods. New York State disability benefits might replace some lost income while you're unable to work.
Document all work missed due to your injuries and medical treatment. Request written confirmation from your employer regarding any accommodation policies or leave benefits available to you.
When You're Too Injured to Handle These Steps
Severe accident injuries sometimes prevent victims from taking protective actions immediately. Family members or close friends can help with many of these steps while you focus on medical recovery.
Trusted family members can contact attorneys, gather accident documents, and handle initial insurance reporting requirements. However, only you should sign legal documents or make statements about the accident.
Ask family members to take photos of your injuries, collect medical records, and keep detailed records of expenses and impacts on your daily life. This documentation becomes critical evidence for your claim.
Long Island's Unique Traffic Challenges
Long Island's road system creates specific accident risks that affect how personal injury claims develop throughout the region.
High-traffic corridor accidents
Accidents on major Long Island routes like the LIE, Route 25, and Sunrise Highway often involve multiple vehicles and complex liability issues. These crashes near areas like Hicksville, Babylon, and Riverhead frequently result in serious injuries that may require extensive medical treatment.
High-speed accidents on these busy corridors typically produce stronger injury claims due to the severe forces involved. However, they also create more complex legal issues regarding fault determination and liability among multiple insurance companies.
Your attorney investigates the specific circumstances surrounding accidents on these major routes, often requiring expert accident reconstruction and detailed traffic pattern analysis.
Local road hazards
Nassau and Suffolk County local roads present unique challenges, including poorly maintained intersections, inadequate signage, and dangerous construction zones near areas like Hempstead and Central Islip.
Municipal liability claims may arise when road defects cause or contribute to accidents. These cases require prompt action due to strict notice requirements for claims against local governments.
Weather-related accidents during Long Island winters often involve questions about municipal snow removal and road maintenance responsibilities.
Common Mistakes That Damage Claims
Many well-intentioned actions by accident victims inadvertently reduce their compensation or complicate their legal cases.
Returning to work too early, even with light duties, gives insurance companies ammunition to argue your injuries aren't severe. Follow your doctor's work restrictions completely, even if you feel pressure to return early.
Discussing the accident with friends, coworkers, or family members can create inconsistent statements that insurance companies use against you later. Keep accident discussions limited to your attorney and medical providers.
Accepting fault or apologizing at the accident scene, even out of politeness, can severely damage your claim. New York's pure comparative negligence laws reduce compensation based on your percentage of fault for the accident.
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FAQs for What to Do After a Car Accident in Long Island
What if the other driver left the scene of the accident?
Hit and run accidents require immediate police reporting and may allow you to pursue compensation through your own uninsured motorist coverage. Your attorney helps identify all available insurance options and investigates methods to locate the hit-and-run driver through traffic camera footage and witness statements.
How long do I have to file a lawsuit after a car accident in Long Island?
New York's statute of limitations gives you three years from the accident date to file a personal injury lawsuit under Civil Practice Law and Rules Section 214. However, claims against municipalities require a Notice of Claim within 90 days. Contact an attorney immediately to preserve all legal options.
What happens if my own insurance company denies PIP benefits?
Your own insurance company must provide PIP benefits regardless of fault, but they sometimes deny claims improperly. Your attorney can appeal denied claims and pursue bad faith insurance practices when companies fail to honor their obligations to their own policyholders.
Can passengers in my car file injury claims?
Passengers injured in car accidents can file claims against any at-fault drivers involved in the crash. They may also be covered under the driver's PIP benefits if they don't have their own car insurance. Multiple insurance policies might provide coverage depending on the specific circumstances.
What if I was partially at fault for the accident?
New York's comparative negligence law allows you to recover compensation even when you’re partially at fault. Your compensation decreases by your percentage of fault, but you can still pursue damages for your injuries.
The key to using this law in your favor is to work with an experienced Long Island car accident lawyer who will fight to minimize your share of fault so you obtain more of the compensation you need.
What is the minimum car insurance required in New York?
Every New York driver must carry minimum liability coverage of $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one accident, and $10,000 for property damage in one accident.
You also must carry Personal Injury Protection (PIP) coverage of at least $50,000. These are the minimum requirements under New York law, but carrying additional coverage may better protect you in case of a serious accident.
What is the statute of limitations for filing a wrongful death lawsuit in New York?
In New York, you generally have two years from the date of the person’s death to file a wrongful death lawsuit. This is a shorter period than the three-year statute of limitations for personal injury claims. However, specific circumstances can change this deadline. It's crucial to consult with a lawyer as soon as possible to ensure you file your claim on time.
How do I get a copy of my police accident report?
You can obtain a copy of your police accident report (MV-104A) from the New York State Department of Motor Vehicles (DMV) or the local police department that responded to the accident. You will need to provide information such as the date and location of the crash, and the names of the drivers involved. Your lawyer can also assist you with this process to ensure the report is accurate and complete.
What is pain and suffering and can I get compensated for it?
Pain and suffering is a type of non-economic damage that includes physical pain, mental anguish, and emotional distress resulting from your car accident injuries. New York's no-fault system does not cover pain and suffering.
You can only pursue compensation for pain and suffering if your injuries meet New York's serious injury threshold, as defined by New York Insurance Law Section 5102. Your lawyer will evaluate whether your injuries meet this standard to determine if you can seek this type of compensation.
How is a car accident lawsuit different from an insurance claim?
An insurance claim is a request for payment filed with an insurance company. Most initial claims in New York are made through your own PIP coverage, which pays for immediate medical expenses and lost wages regardless of fault. If your injuries meet New York’s threshold, then you can start an insurance claim against the at-fault parties.
A lawsuit is a formal legal action filed in court against the at-fault driver to seek compensation beyond your insurance policy limits. A lawsuit becomes necessary when your injuries exceed the PIP coverage, or you need to seek non-economic damages like pain and suffering and are unable to resolve your case with an insurance claim.
Getting the Legal Help You Need
Car accidents on Long Island's busy roads create complex legal and medical challenges that most people cannot handle alone while recovering from serious injuries. Taking the right steps immediately after your accident protects your family's financial future and holds negligent drivers accountable for the harm they cause.
The experienced personal injury attorneys at Rosenberg & Gluck LLP have helped thousands of Long Island residents recover fair compensation after car accidents throughout Nassau and Suffolk Counties. We understand the unique challenges of Long Island traffic accidents and work tirelessly to protect your rights while you focus on healing.
Don't let insurance companies minimize your injuries or pressure you into inadequate settlements. Contact Rosenberg & Gluck LLP today at (631) 451-7900 or reach out online for a free consultation. We'll handle every aspect of your claim so you can concentrate on getting your life back on track.