What to Do After a Rear-End Car Accident

Rear-end accidents are some of the most common types of crashes on Long Island. While they might seem like minor "fender-benders" most of the time, the truth is that when a rear-end crash occurs, it can cause serious injuries, major vehicle damage, and a lot of financial stress. Concussions, whiplash, spinal cord damage, and traumatic brain injuries are all possible when a sudden impact occurs, even at a low speed.

If someone has been rear-ended, it's so important that they know what to do. What happens immediately following the crash can affect both the recovery and ability to pursue compensation. Here is a guide on what to do after a rear-end car accident.

Step 1: Ensure Immediate Safety and Check for Injuries

The very first thing that should be done following any collision is to ensure safety. If the vehicles can be driven, they should be moved away from oncoming traffic. Turn on the hazard lights to alert other drivers that there is an accident.

Next, everyone should check themselves and passengers for injuries. Don't assume that because there doesn't seem to be injuries now, there won't be injuries later. For instance, whiplash might not show up for hours or days later. If anyone is injured, even if it's minor, call 911 and seek medical attention. Emergency responders will perform medical care on the scene and transport victims to the hospital, if needed.

Step 2: Call Law Enforcement

In New York, it's actually required by law to report accidents that cause injury or property damage above $1,000. Even if a crash seems minor, it's always a smart idea to call the police. A police officer will create a police report, which is a very important piece of evidence for insurance claims and any personal injury lawsuit in the future.

The police report will document the circumstances of the accident, including vehicle positions, damage, weather conditions, and often even an opinion on who is the at-fault driver or drivers.

Step 3: Gather Evidence at the Accident Scene

While still on the accident scene, it's important to begin collecting evidence. However, always prioritize safety. If it is safe to do, take photos and videos of the following:

• Vehicle damage from multiple angles

• License plates of all cars involved

• The surrounding roadway, including traffic signals, traffic signs, and skid marks

• Any visible injuries

It's also important to exchange information with others involved in the crash. This should include contact information, insurance coverage, driver's license number, license plate numbers, etc. If there were witnesses, their contact information should also be collected. Witnesses are a valuable asset that can offer a third party opinion on what happened.

Rear-end accidents are generally straightforward, but it's not always easy to determine fault.

Step 4: Seek Immediate Medical Attention

Even if injuries don't seem severe, seeing a doctor as soon as possible is very important. Rear-end collisions are notorious for causing hidden injuries like whiplash, concussions, and back trauma. Symptoms of these may not show up for hours or days following the crash.

Getting quick medical assistance does two things: first, it will show the early signs of these injuries before it gets worse. Also, medical records will link the injury to the accident. Without this, an insurance company might argue that the injuries were caused by something else.

It's also very important to follow the recommendations of the doctor, go to follow-up appointments, and keep all medical records. This is important for recovery and any future lawsuit.

Step 5: Notify Your Insurance Company

New York is a no-fault insurance state. This means that each driver will first filed a claim with their own insurance policy for medical bills and lost earnings through their Personal Injury Protection (PIP) coverage.

Even when speaking to your own insurance company, make sure to only give the facts and avoid speculation. Don't admit fault or make any guess about what happened. All insurance companies, even your own, will want to pay as little as possible, so they may use this information against you.

Step 6: Understand Liability in Most Rear-End Collisions

In most rear end collisions, the driver in the rear is often at fault for not maintaining a safe distance, aggressive driving, or for distracted driving. However, there are certainly exceptions. If the lead driver, for instance, suddenly slams on their brakes without a good reason, if they made an unsafe maneuver, or have malfunctioning brake lights, more than one person can be at fault.

New York uses a system called "comparative negligence," which means fault is shared, and maximum compensation is reduced by that percentage of fault. For instance, if the rear driver is 80% at fault, and the lead driver is 20% at fault, and the lead driver is awarded $100,000, they would recover compensation equal to $80,000, as the compensation is reduced by 20%.

Step 7: Document Expenses and Losses

Recovering from a rear-end crash involves more than medical treatment. Accident victims also often face lost wages, vehicle repairs, and other expenses. Keeping a record of these expenses is important. Examples include:

• Medical bills, prescription receipts, physical therapy costs, and other medical expenses, especially if there are significant injuries

• Pay stubs or employer letters proving lost income

• Towing bills and car repair estimates

• Transportation costs to medical appointments

• Journal entries describing pain, limitations, or emotional distress

The more detailed the documentation, the stronger the case for compensation. Though the victim's PIP coverage will cover a certain amount of the costs, if the costs are higher than that, and if there are extra costs like pain and suffering, an experienced personal injury attorney can help file a personal injury claim against the other driver's insurance company. They can also advise on what to do after a hit-and-run accident.

Step 8: Contact a Long Island Car Accident Lawyer for a Free Case Evaluation

Most insurance companies will offer some type of financial compensation, but they will pay as little as possible and offer quick settlements that are not enough to cover lost income, repair costs, or long-term medical costs.

To ensure fair compensation, it's always best to work with an experienced attorney before filing claims. A skilled lawyer can help investigate the accident, gather important evidence, speak with insurance adjusters and insurance agents, and file lawsuits, if necessary. For more information, the best car accident lawyer in Long Island NY may be able to help.

The Law Office of Carl Maltese has extensive experience representing victims of rear-end collisions across Long Island. The firm understands local traffic conditions, insurance company tactics, and how to present strong cases in New York courts. With legal representation, victims can focus on recovery while knowing their rights are protected.

Step 9: Common Mistakes to Avoid

Certain missteps after an accident can hurt a claim. Common mistakes include:

• Failing to call police or file a report

• Not seeking medical care right away

• Accepting a settlement offer too quickly

• Posting accident details or photos on social media

Avoiding these errors ensures that a victim does not unintentionally weaken their case.

Call the Law Office of Carl Maltese for a Free Consultation

A rear-end accident can happen in an instant but cause lasting consequences. By taking the right steps immediately after the crash — ensuring safety, documenting evidence, seeking medical care, and contacting an attorney — victims can protect their health and their legal rights.

The Law Office of Carl Maltese is dedicated to helping Long Island accident victims navigate these challenges. If you or a loved one has been rear-ended, the firm is ready to provide the guidance and advocacy needed to pursue fair compensation.