The first ten days after a crash in New York carry more legal weight than most people realize. Two hard deadlines fall inside that window, and much of the evidence that decides a claim either gets saved or lost. Here’s a practical way to think about it, day by day.
At the scene
- Check for injuries and call 911. In New York, you must notify police right away if anyone is hurt.
- Move vehicles out of traffic if it’s safe and they can be driven.
- Exchange names, addresses, license numbers, plates and insurance. New York law requires drivers to share this information.
- Photograph everything, including vehicle positions, damage, the road, signals, weather and any injuries.
- Get names and phone numbers of witnesses.
- Don’t apologize or argue. Stick to facts with the officer.
Day one
See a doctor within a day, even with no obvious pain. Neck, back and head injuries often show up a day or two later, and waiting days to see a doctor hands insurers an argument. Tell the doctor every symptom. If you go to an urgent care on Elmwood or the ER at Buffalo General or ECMC, keep the discharge papers.
Notify your own insurer that the crash happened. Ask for a no-fault application if you were hurt.
Days two and three
- Write down what you remember while it’s fresh, including the sequence of events and anything the other driver said.
- Ask nearby businesses or homeowners to save camera footage. Many systems overwrite within days.
- Photograph your injuries as they develop.
- Get a repair estimate for your car. It helps decide whether the $1,000 MV-104 threshold is met.
Days four through ten
- File the MV-104. If anyone was injured or damage to any one person’s property is over $1,000, each driver must file with the DMV within 10 days. See our crash report guide.
- Send in the no-fault application. The deadline is 30 days, but there’s no reason to wait. See our no-fault guide.
- Keep treating. Follow up with your doctor and start any therapy they recommend.
- Request the police report. It may not be ready yet, but find out how and when.
When a public vehicle or a public road played a part
If the crash involved a City of Buffalo or Erie County vehicle, an NFTA bus or a road defect, mark day 90 on your calendar. That’s the notice of claim deadline. For State roads and Thruway vehicles, it’s the Court of Claims deadline. See our notice of claim guide.
Dealing with insurers
The other driver’s insurer may call quickly and ask for a taped statement or a medical authorization. You don’t have to agree. Give basic facts if you want, but don’t speculate about injuries you haven’t had diagnosed, and don’t sign broad releases. Remember that the 2026 fault rule means anything suggesting you were mostly to blame carries more weight than it used to.
What to keep
- Every bill, explanation of benefits and receipt.
- Pay stubs and a note from your employer about missed work.
- Your damaged clothing, helmet or child car seat.
- A simple log of pain, missed activities and appointments.
When to talk to a lawyer
Many people wait until an insurer denies something. With the 2026 reforms, early advice can matter more, especially on fault and on building medical proof for the serious injury threshold. Most injury lawyers offer a free first consultation.
The short version
- See a doctor within a day.
- Save video and witness information in the first few days.
- File the MV-104 within 10 days if required.
- Send the no-fault application within 30 days.
- Watch for a 90-day deadline if a government is involved.
Two written reports, and a 30-day no-fault clock
Besides any police report, New York may require you to file an MV-104. The DMV motorist report page says the form is due within 10 days if someone was killed or injured, or if damage to the property of any one person is more than $1,000. Missing it can be a misdemeanor.
No-fault benefits have a shorter first deadline. The Department of Financial Services says a no-fault claim generally has to be noticed within 30 days, and medical bills generally have to be submitted within 45 days. Put the application in quickly even if you are still gathering bills, and keep a copy of whatever you send.
If a door opened into a bike lane, or a driver cut too close to a walker on Elmwood, two Vehicle and Traffic Law sections are worth knowing in the first week. VTL § 1214 is the dooring rule. VTL § 1146 is the due-care rule, including a rebuttable presumption if a physical injury follows a due-care failure. Photograph the door, the bike lane and any turning path while the scene has not yet changed.
If a public bus, a city car or a State road may be involved, put the 90-day notice date on the calendar in the first week, not after the no-fault paperwork is done. Our notice of claim guide and the Court of Claims guide cover those shorter clocks.
Get follow-up care in writing even if you felt all right at the scene. Buffalo winter crashes often produce delayed pain, and a later no-fault or serious-injury claim is harder to explain if the opening week leaves no treatment notes at all.
This page is a general checklist, not legal advice. Find a Buffalo-area attorney if you have questions.