What to Do After Being Rear-Ended in NYC
Getting rear-ended in New York City can turn an ordinary commute into a stressful ordeal. Whether it happens while you are stopped at a red light in Manhattan or slowing for traffic in Brooklyn, the shock and confusion can leave you unsure of your next move. While rear-end collisions are common, they can cause serious injuries like whiplash, back problems, and head trauma, and handling the situation incorrectly can harm both your health and your legal rights.
This comprehensive guide explains what to do after being rear-ended in NYC, from immediate safety measures to understanding your legal options under New York law. By following these steps, you can protect yourself physically, financially, and legally.
Step 1 – Prioritize Safety and Move to a Safe Location
Turn on your hazard lights immediately.
If your car is operable, carefully move to the side of the road to avoid blocking traffic.
Stay inside with your seatbelt on if it is unsafe to exit.
Why this matters in NYC: Heavy city traffic and narrow lanes can make you vulnerable to secondary collisions if you remain in the roadway. Always choose safety over confrontation with the other driver.
Step 2 – Call 911 and Report the Accident
Under New York Vehicle and Traffic Law § 605, you must report an accident to the police if it results in injury, death, or property damage over $1,000.
When speaking to police:
- Remain calm and provide factual details.
- Avoid admitting fault or speculating.
- Request the MV-104A accident report number before leaving the scene.
Step 3 – Gather Evidence at the Scene
Strong evidence can make or break your claim.
- Take photos of vehicle damage, license plates, street signs, traffic signals, and skid marks.
- Note weather and road conditions at the time of the accident.
- Collect names and contact details of all drivers and witnesses.
Tip: Use your phone to record a voice memo describing the accident while the details are still fresh in your mind.
Step 4 – Seek Medical Attention Immediately
Even minor rear-end accidents can cause hidden injuries that worsen over time. Whiplash, spinal injuries, and concussions are common and may not show symptoms immediately.
Steps to protect your health and your claim:
- Get evaluated at an ER or urgent care facility within 24 hours.
- Follow all medical recommendations.
- Keep records of every appointment, prescription, and medical bill.
Your medical documentation will be key evidence in insurance negotiations and any personal injury lawsuit.
Step 5 – Notify Your Insurance Company
New York’s no-fault insurance system means your insurer covers initial medical expenses regardless of fault, but this coverage is limited.
How to report without jeopardizing your claim:
- Stick to basic facts like date, time, location, and parties involved.
- Avoid guessing about fault or injuries.
- Do not accept quick settlement offers without legal review.
Step 6 – Understand Your Legal Rights in NYC
Under New York Insurance Law § 5102, you can step outside the no-fault system and sue the at-fault driver if you meet the “serious injury threshold,” which includes:
- Significant disfigurement
- Bone fractures
- Permanent limitation of use of a body part or organ
- Significant limitation of a body function or system
Potential compensation can include:
- Medical expenses beyond no-fault coverage
- Lost income and future earning potential
- Pain and suffering
Step 7 – Contact a NYC Rear-End Accident Lawyer
Hiring an attorney early can help you:
- Gather and preserve evidence
- Handle complex insurance negotiations
- File claims within New York’s three-year statute of limitations
Call Cohan Law at 212-601-2693 for a Free Consultation – Our NYC accident lawyers are available 24/7.
Common Mistakes to Avoid After a Rear-End Collision in NYC
Admitting fault at the scene: Even saying “I’m sorry” can be misinterpreted as accepting liability.
Delaying medical care: Insurers may argue that delayed treatment means your injuries are not serious.
Not calling the police for minor accidents: Without an official report, it is harder to prove what happened.
Handling insurance claims alone: Insurers may undervalue your claim without an attorney advocating for you.
Why Rear-End Accidents in NYC Are Different
Heavy traffic and multiple parties: In NYC, rear-end accidents can involve taxis, buses, and rideshare vehicles, adding layers of complexity.
Strict legal deadlines: Failing to act within statutory time limits can forfeit your right to compensation.
Your Next Step: Protect Your Rights Today
A rear-end accident can have lasting effects on your health, finances, and peace of mind. Acting quickly and following the correct steps will strengthen your case and help you recover fully.
Call Cohan Law Firm at 212-601-2693 for Your Free Consultation
Legal Disclaimer:
This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.