Should I Notify My Insurance Company and the Other Driver’s After an NYC Car Accident?

After a car accident in New York City, you might get calls from your insurance company, the other driver’s insurance adjuster, or others asking for statements, medical records, or details about your injuries. Knowing who to notify, what to share, and when to get legal advice can help protect your insurance benefits and personal injury claim. You should generally notify your own insurance company promptly after a car accident. However, you ordinarily do not have to personally provide a recorded statement to the other driver’s liability insurer. Your obligations to your own insurer depend on your policy, the coverage involved, and applicable New York law.

At Greenstein & Pittari, LLP, our NYC car accident lawyers help people in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island with insurance claims and seeking compensation when someone else’s negligence causes injuries.

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation, available 24/7.

Should You Notify Your Own Insurance Company After a NYC Car Accident?

Yes. Most car insurance policies require you to report an accident quickly and cooperate with the insurer’s investigation. Even if you think the other driver was at fault, reporting the accident can help you keep your coverage. Depending on your policy, you might have access to No-Fault benefits, collision insurance, uninsured or underinsured motorist coverage, or rental reimbursement. The rules depend on your coverage and policy details. Waiting too long to report can cause problems, especially if the insurer says the delay made it harder to investigate.

Is Reporting an Accident the Same as Filing an Insurance Claim?

No. Reporting an accident usually means telling your insurer that a crash happened and providing the basic details your policy requires. Filing a claim for benefits or payment is a separate step and may require more forms, documents, and adherence to deadlines. For example, just reporting vehicle damage does not always meet the rules for a No-Fault benefits application or an underinsured motorist claim. You might have claims with more than one insurer, each with its own notice rules. Our attorneys review your policies and claim requirements to determine what to send and when.

What Information Should You Give Your Own Insurance Company?

When you first report an accident, give accurate details about the date, time, place, vehicles involved, and any known injuries or property damage. Share the other driver’s information and insurance details if you have them. Don’t guess about things like speed, traffic lights, or distances if you’re not sure. Don’t downplay your symptoms just because you don’t know the full extent of your injuries yet. Your insurer may have the right to request more information or cooperation, such as statements or exams, depending on your policy. Before giving detailed or recorded information, talk to a lawyer about your rights and duties.

Do You Have to Talk to the Other Driver’s Insurance Company?

You usually don’t have to give a recorded statement to the other driver’s insurance company just because their driver was in the accident. The insurer may contact you to ask what happened, about your injuries, or for documents. You can direct the adjuster to your lawyer and let your attorney handle the communication. Still, the other insurer may need enough information to review your claim, and your legal duties can change if a lawsuit starts or if you have to provide documents by law. It’s important to know the difference between a voluntary insurance interview and something required by law. Our attorneys handle these communications and help protect clients from unnecessary or overly broad requests.

Why Should You Be Careful When Speaking With an Insurance Adjuster?

Insurance adjusters look into accidents and review claims for their companies. What you say about how the crash happened, your injuries, past medical issues, or your ability to work can later affect disputes about fault and damages. If you estimate your speed incorrectly or leave out symptoms, it can create confusion that you’ll have to explain later. Sometimes, settlement talks start before you know the full effects of your injuries. Always answer required questions honestly, don’t guess, and get legal advice before signing releases or giving broad medical permissions. Our attorneys review requests and negotiate with insurers on behalf of injured clients.

How Does New York No-Fault Insurance Work After a Car Accident?

New York’s No-Fault insurance system gives certain economic benefits to people hurt in qualifying car accidents, even if you can’t prove another driver caused the crash. Personal Injury Protection (PIP) can pay for reasonable medical bills, a portion of lost wages, and other expenses. Basic No-Fault coverage usually provides up to $50,000 in total basic economic loss benefits for each eligible person. Which insurer pays depends on the situation and legal rules. No-Fault insurance usually does not pay for pain and suffering, which may need a separate negligence claim.

What Is the Deadline for Filing a No-Fault Application?

You usually must send written notice of a New York No-Fault claim within 30 days after the accident, unless an exception applies. Healthcare providers generally must send proof of claim within 45 days after treatment, and proof of lost earnings within 90 days after the loss. These deadlines are different from other insurance notice rules and from the time limits for filing a negligence lawsuit. Don’t assume that just calling in the accident meets all No-Fault requirements. Our attorneys review your insurance documents and help you determine what to file and when.

What Is New York’s Serious Injury Threshold After the 2026 Law Change?

In most car accident cases under New York’s No-Fault system, you must show a serious injury under Insurance Law § 5102(d) to recover non-economic damages like pain and suffering. New York changed this rule starting May 26, 2026, removing the old 90/180-day serious injury category for cases started on or after that date. The change depends on when you start the case, not just the accident date. There are now eight serious injury categories, and medical evidence must show you meet at least one if the threshold applies to your claim.

What Injuries Qualify as Serious Injuries Under New York Law?

The eight categories left under Insurance Law § 5102(d) are death, dismemberment, significant disfigurement, loss of a fetus, fracture, permanent loss of use of a body organ, member, function, or system, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system. Some categories require the injury to be permanent, but not all. A fracture can count even without permanent damage, and a significant limitation can qualify if there’s enough medical proof. The seriousness of an injury depends on the legal category, not just how much work you miss.

Does Missing 90 Days of Work Still Qualify as a Serious Injury?

No, not on its own for cases started on or after May 26, 2026. The old 90/180-day category no longer applies to these cases. Missing work, limits on daily activities, and ongoing treatment can still show how serious the injury is, but you must meet one of the eight legal categories. Someone who goes back to work might still have a serious injury, and missing months of work does not automatically meet the threshold. Our attorneys review the medical evidence and the right category for your claim.

Can You Sue the Other Driver Even if No-Fault Paid Your Medical Bills?

Maybe. No-Fault benefits do not always stop you from suing the driver who caused the accident. If the serious injury threshold applies, you usually must show a qualifying serious injury to recover non-economic damages. Depending on the law, you may also be able to recover economic losses beyond basic economic loss. The amount and type of damages depend on your injuries, proof of fault, insurance coverage, and the law. Our attorneys review both your insurance benefits and your negligence claim to determine what compensation you can seek without duplicating what No-Fault already paid.

What if the Other Driver Has No Insurance?

If the driver who caused the accident has no insurance, uninsured motorist coverage might help you recover damages if you meet the policy and legal requirements. Some hit-and-run accidents may also qualify for these benefits, but specific rules apply, such as needing proof of physical contact when the other vehicle is unidentified. You must notify your insurer as required by your policy and the law. Do not assume your policy will automatically cover a claim against an uninsured driver. Our attorneys look into available coverage, identify the vehicles involved, and check notice requirements that could affect your recovery.

What if the Other Driver Does Not Have Enough Insurance?

Supplemental Uninsured Motorist coverage, or SUM, can provide extra protection if the other driver’s insurance is insufficient and you meet the policy requirements. SUM claims have specific rules about coverage limits, notice, settlement steps, and the insurer’s rights. If you settle with the at-fault driver’s insurer without checking your SUM policy, you could face problems. The amount you might get depends on your policy limits and the law. Our attorneys review your insurance and settlement details to see if more coverage is available and what steps you need to take.

What if the Insurance Company Blames You for the Accident?

An insurance company might say you were speeding, distracted, did not yield, or otherwise helped cause the accident. You must check these claims against the real evidence. In 2026, New York changed CPLR § 1411 to add more limits on recovery in some cases where the injured person was at fault, uninsured, impaired and convicted, or involved in certain felonies. The rules that apply depend on your situation and when your case started. If no special law applies, comparative negligence usually reduces your damages by your share of fault. Our attorneys review the accident and the rules on comparative negligence.

What if You Have a Preexisting Injury?

An insurance company might say your neck, back, shoulder, or other problem existed before the accident and was not caused by it. But having a preexisting condition does not mean you cannot make a negligence claim. Depending on the medical evidence, an accident can cause a new injury or make an old one worse. You must show the legal link between the accident and your injuries. Medical records, tests, treatment history, and doctor opinions can help distinguish accident-related changes from pre-existing problems. Our attorneys review your medical evidence and check if your injuries meet the serious injury standard.

What if Your No-Fault Benefits Are Denied or Cut Off?

A No-Fault insurer might deny treatment or lost earnings benefits if they think you are not eligible, the care is not needed, the accident did not cause your injury, or you did not follow policy rules. If their doctor says you do not need more treatment, they may stop paying for it. You can challenge a denial through arbitration, court, or another process, depending on your case. A No-Fault dispute is separate from your negligence claim against the other driver, but the medical evidence can matter for both. Our attorneys review the denial and your claim to determine your options.

Should You Give the Insurance Company a Recorded Statement?

Before you agree to give a recorded statement, find out which insurer is asking and whether your policy or the law requires you to cooperate. Your own insurer may have different rights than the other driver’s insurer. If you refuse a required statement or exam without legal advice, you could lose coverage. Do not guess about facts, give wrong information, or agree to things you do not have to do. Our attorneys help you understand what you must do and can join or handle insurance talks for you.

Should You Sign Medical Authorizations for an Insurance Company?

Read medical authorizations carefully before signing. An insurer may need records about your injuries, treatment, or past medical history, but a broad authorization could share unrelated personal details. The right scope depends on your claim, the law, your policy, and any court rules. Don’t ignore legitimate requests for records, but make sure you know what is being asked for and why. Our attorneys review medical authorizations and help you respond correctly while protecting your legal rights and meeting disclosure rules.

What Should You Do if the Other Driver’s Insurer Offers a Quick Settlement?

You might get a settlement offer before you know how serious your injuries are or what insurance is available. If you accept payment and sign a release, you may give up all claims from the accident, including for future treatment or other losses. Before you sign, make sure you understand the release, what injuries it covers, any unpaid medical bills or liens, and whether it could affect additional coverage. Our attorneys review settlement offers and check if the amount fairly covers your damages based on the evidence.

Do You Have to File an Accident Report With the New York DMV?

In New York, if you are in a reportable car accident, you usually must file an MV-104 accident report within 10 days if there is injury, death, or over $1,000 in property damage to one person. This differs from notifying your insurance company or filing a No-Fault claim. Your reporting duties depend on the Vehicle and Traffic Law. A police report does not always replace your DMV reporting duty. Our attorneys help you understand what documents and reports you need after an accident.

What if You Already Spoke to the Other Driver’s Insurance Company?

If you have already given a statement, signed an authorization, or talked about settlement with the other driver’s insurer, keep copies of everything and tell your attorney what happened. Giving a statement early does not automatically end your personal injury claim, but you may need to explain mistakes or missing details. If you signed a settlement release, the legal effects could be more serious. Our attorneys review your documents and decide if you need to do anything else. The key is to provide full, accurate information about what you have already shared, not to change or hide it.

Frequently Asked Questions About Insurance Notifications After a NYC Car Accident

Do I Have to Call My Own Insurance Company if the Accident Was Not My Fault?

You should usually report the accident to your insurance company as soon as possible, following your policy rules. Fault does not always affect your duty to report or your right to first-party benefits.

Do I Have to Give the Other Driver’s Insurance Company a Recorded Statement?

In most cases, you do not have to give a voluntary recorded statement to the other driver’s insurance company. You might have to if there is a lawsuit or other legal process.

Can My Lawyer Speak to Both Insurance Companies for Me?

Yes. Your attorney can speak with the insurance companies for you, send claim notices, and negotiate, while also ensuring you meet any cooperation requirements in your policy.

What Happens if I Miss the 30-Day No-Fault Deadline?

If you give late notice, your claim may be denied, but exceptions may apply if you have a clear and reasonable reason for the delay. We should review your situation as soon as possible.

Does No-Fault Insurance Pay for Pain and Suffering?

No. Pain and suffering are usually claimed in a separate negligence case, and you must meet the serious injury rule if it applies.

Is the 90/180-Day Serious Injury Rule Still Available?

This rule was removed for cases started on or after May 26, 2026. If your case started earlier, the old law may still apply and needs to be reviewed.

Can I Recover Compensation if I Returned to Work?

Yes, it is possible. Going back to work does not automatically stop you from making a serious injury claim. Your medical evidence must still meet the legal requirements.

Should I Accept the Insurance Company’s First Settlement Offer?

Before you accept a settlement, make sure you know how serious your injuries are, what damages the evidence supports, and what signing a release means for your rights.

How Greenstein & Pittari, LLP Helps NYC Car Accident Victims

At Greenstein & Pittari, LLP, we know insurance disputes after a serious car accident can be stressful, both financially and emotionally. Our attorneys review the details of your accident, determine what insurance coverage is available, review your medical records, and speak with insurance companies and defense lawyers for you. We check if your injuries meet the legal requirements for a serious injury, including the updates from May 2026, and work to get you the compensation you deserve based on the facts.

We help injured people in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. You can visit us at our Harlem office. We speak both English and Spanish, and we offer free consultations to anyone considering a personal injury claim.

You only pay us if we win your case.

If you’ve been hurt in a New York City car accident, contact Greenstein & Pittari, LLP.

If you’re not sure which insurance company to contact, whether you should give a statement, or how the 2026 serious injury law might affect your claim, Greenstein & Pittari, LLP can help explain your rights and options.

We deal with the insurance companies so you can focus on getting better.

Call 1-800-VICTIM2 (1-800-842-8462) anytime for a free and confidential consultation.

Don’t Be a Victim Twice.