What to Do After a Car Accident with Injuries

A car accident is always a surprise, but when it involves an injury, the situation becomes even more overwhelming for those involved. On Long Island and throughout New York, car accidents can result in life-changing consequences, and most victims don't know what to do next. What you do immediately following a collision can impact both your health and any future car accident claim.

The Law Office of Carl Maltese has been working with those across Long Island who have been injured in a car accident for many years. One of the biggest challenges that the firm sees is that most people don't know what to do after a minor car accident. Keep reading to find out exactly what injured drivers and passengers should do to protect themselves physically, financially, and legally.

Prioritize Medical Attention Before Vehicle Damage

The most important priority following a car accident is the health and safety of all of the drivers and passengers who were involved in the accident. Even if there are no injuries, or if the injuries seem minor, it's still important to at least get looked over by a medical professional. In these situations, adrenaline is rushing through the body. Adrenaline will mask pain. In addition to this, there are some conditions, including concussions, whiplash, and internal bleeding, may not present immediate symptoms.

To ensure everyone is safe and that injuries are treated as soon as possible, it's important to take the following steps:

• Call 911 immediately. Emergency medical responders can assess injuries on the scene.

• Accept medical evaluation. Even if victims feel “fine,” allowing EMTs or paramedics to check for hidden injuries is crucial. This not only is important for health and safety, but also for any future insurance claim.

• Go to the hospital if advised. Emergency room documentation provides proof of injury that may become essential later in insurance or legal claims. Medical records are powerful pieces of evidence when making a car insurance claim.

• Follow up with doctors. Ongoing treatment with primary care physicians or specialists helps establish a medical record. If advised to follow up with physical therapy or a specialist, it's important to do that. Otherwise, an insurance provider may argue that your injuries aren't as serious as you claim.

Medical treatment not only safeguards recovery but also builds documentation that may directly affect personal injury claims. Keep all documents you receive from any medical appointment, and keep a log of appointments.

Ensure Safety at the Scene of the Accident

If victims in the car accident are able, they should take steps to protect both themselves and others at the scene.

It's important to move the vehicles, if they are drivable, to the side of the road and out of oncoming traffic. This will help to avoid any additional collisions. It is also important to turn on hazard lights, as this will alert oncoming drivers that there is an accident scene. Also, it's important to remain calm. Emotions always run high following an accident, especially when there are injuries. Escalating the incident with blame or anger isn't the best choice.

If the victim cannot move, or they have been ejected from the vehicle, it's important to leave them in the vehicle or on the ground unless staying in these positions is more dangerous than moving them.

Call Law Enforcement to Get Them to the Accident Scene

In New York State, the law requires police intervention when an accident occurs and there are injuries. Officers will response to the scene of the accident and assess the situation. They will also begin creating a police report. This is the official documentation of the incident, and it will be one of the most important pieces of information that can be used in any claim. The insurance adjuster who determines fault in the accident will also use this document. For more information, hire a car accident lawyer in Long Island NY.

A police report also does the following:

• It creates an unbiased record of the event.

• It may include the police officer’s opinion of fault and legal liability.

• It captures the time, location, and conditions of the accident.

• It ensures compliance with New York accident reporting laws.

Victims should always request the accident report number before leaving the scene.

Gather Evidence if Possible So You Can File a Claim

If possible, a victim in a car accident should collect evidence at the scene. This can also support any type of future claim. Some of the information that should be collected, if possible, include:

• Exchange information with the other driver(d) involved (names, phone numbers, vehicle registration, insurance information, license plate number, driver's license number, and vehicle details).

• Take photographs of vehicles, injuries, road conditions, skid marks, traffic lights, and any other relevant factors.

• Collect witness contact details. Independent witnesses often provide strong support when determining fault.

• Note surveillance cameras. Many Long Island intersections and businesses have cameras that may have recorded the crash.

If injuries prevent gathering evidence, family members or attorneys may help retrieve this information later. All of this information will be critical to the claims process. They can also consult on what to do after a car accident with an uninsured driver.

Report the Accident to Insurance Company

New York follows a no-fault insurance system, meaning injured parties typically file claims under their own Personal Injury Protection (PIP) coverage in their insurance policy, regardless of fault. However, victims may still pursue additional compensation if injuries are considered “serious” under New York law.

Important tips for insurance reporting include:

• Notify your personal insurance agent or insurance company promptly. Delays could jeopardize coverage.

• Provide only basic facts. Avoid making statements about fault or speculating about what happened. Even though it is your own insurance company, they do not have your best interests in mind.

• Do not sign anything without consulting a personal injury lawyer. Insurers often attempt to settle quickly for far less than the claim’s true value. Sometimes, these low ball settlements don't even cover repair costs.

Understand New York’s “Serious Injury” Threshold

To step outside the no-fault system and file a lawsuit against the at-fault driver, injuries must meet the state’s serious injury threshold. According to New York Insurance Law § 5102(d), this includes:

• Fractures

• Significant disfigurement

• Permanent limitation of use of a body organ or member

• Significant limitation of use of a body function or system

• Substantial disability lasting at least 90 days

Victims with injuries meeting this standard may be entitled to compensation beyond PIP coverage, including pain and suffering, lost wages, and future medical expenses.

Contact an Experienced Long Island Car Accident Attorney

After a car accident with injuries, one of the most important things to do is reach out to a personal injury law firm. The Law Office of Carl Maltese helps injury victims do the following:

• Investigate the motor vehicle accident and gather evidence

• Handle communications with insurance companies on your behalf

• Calculate the actual cash value of property damage and medical costs, including long-term medical bills

• Pursue legal action when necessary

Attempting to navigate the process by yourself often leads to victims accepting unfair settlements. An attorney ensures rights are fully protected.

Document Recovery and Expenses

Keeping accurate records after a car accident can help to strengthen a personal injury claim. Victims should:

• Save all medical bills, prescriptions, and receipts for related medical expenses

• Keep receipts and information about rental car costs, the vehicle repair shop labor and parts, and other costs for vehicle damage.

• Record time missed from work due to the accident.

• Keep a journal of daily pain, limitations, and emotional struggles, as non-economic costs like pain and suffering can also be added to a law suit, if necessary.

This documentation helps attorneys and insurers understand the full impact of the accident and decide if further steps are necessary.

Be Aware of Legal Deadlines

In New York, the statute of limitations for filing a personal injury lawsuit after a car accident is generally three years from the date of the crash. However, shorter deadlines may apply in certain cases, such as when government vehicles are involved. Insurance companies may also have a time limit that you have to file a claim.

Acting quickly ensures that victims do not lose their right to compensation.

Common Mistakes to Avoid

Car accident victims often make errors that weaken their claims. These include:

• Not seeking medical treatment immediately

• Posting about the accident on social media

• Admitting fault at the scene

• Accepting the first settlement offer

• Failing to consult an attorney

Avoiding these mistakes helps preserve the strength of an injury claim.

The Role of The Law Office of Carl Maltese

With decades of experience serving Long Island communities, The Law Office of Carl Maltese has a proven track record of helping accident victims recover the compensation they deserve. The firm understands the local court system, insurance practices, and challenges Long Island drivers face daily.

Their client-focused approach means victims receive personalized attention and guidance every step of the way.

After a car accident with injuries in Long Island, knowing what to do is essential. From seeking immediate medical care to contacting an experienced attorney, each step plays a vital role in protecting health and securing rightful compensation.

The Law Office of Carl Maltese stands ready to fight for those injured in car accidents, ensuring victims are not left to shoulder the burden alone. Call now for a free consultation​.