What to Do After a Car Accident in Buffalo, New York: A Step-by-Step Guide

TL;DR: If you've been in a car accident in Buffalo, New York, the steps you take in the hours and days after the crash can make or break your claim. New York's no-fault insurance law, strict filing deadlines, and the "serious injury" threshold all shape what compensation you can recover. Read on for a clear, plain-English walkthrough — and if you want personalized guidance right now, talk to us and get matched with a vetted Buffalo car accident attorney.

Your first priority is safety. Move out of traffic if you can do so without making injuries worse, and call 911 immediately. Under New York law, you are legally required to notify the police if anyone is injured or killed in a crash. Leaving the scene of an accident that causes injury is a crime.

While waiting for police, do the following if you are physically able:

• Check on all people involved and do not move anyone who may have a spinal injury.
• Exchange information — name, address, driver's license number, license plate, and insurance details — with every driver.
• Take photos and video of vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries.
• Get names and contact info for any witnesses.
• Note nearby security cameras — on storefronts, traffic signals, or parking lots — that may have captured the crash.

Do not admit fault or apologize, even casually. Anything you say at the scene can be used against you later.

New York law imposes specific reporting obligations. Under Section 605 of the New York State Vehicle and Traffic Law, you must file a Report of Motor Vehicle Accident (Form MV-104) with the DMV within 10 days if the crash caused injury, death, or property damage exceeding $1,000 to any one person. Failing to file can result in suspension of your driver's license.

Two separate reports may apply:

• Police report: If anyone is hurt, police must be notified immediately and will file their own report. Get a copy — it is key evidence for your insurance claim and any lawsuit.
• DMV report (MV-104): You file this yourself within 10 days. Mail it to the DMV or submit it at a DMV office.
• Insurance notice: Notify your insurance company promptly. Most policies require notification within 24–72 hours.

New York is a no-fault state. That means your own Personal Injury Protection (PIP) coverage — not the other driver's insurance — pays your medical bills and a portion of lost wages first, regardless of who caused the crash. Every registered vehicle in New York must carry at least $50,000 in PIP coverage.

PIP generally covers:

• All reasonable and necessary medical and rehabilitation expenses.
• Up to 80% of lost earnings (up to $2,000 per month for up to three years).
• $25 per day for up to one year for household help and transportation to medical appointments.
• A $2,000 death benefit in addition to the $50,000 PIP limit.

Critical deadline: You must file a no-fault application (NF-2 form) with the correct insurance company within 30 days of the accident. Missing this deadline can result in a denial of all PIP benefits. If you need help navigating the claims process, get matched in under a minute with a Buffalo attorney who handles no-fault disputes.

Note: Motorcyclists and their passengers are generally excluded from PIP coverage under New York law and may need to pursue compensation differently.

Because New York is a no-fault state, your ability to sue the at-fault driver for pain and suffering is limited. To step outside the no-fault system and file a personal injury lawsuit for non-economic damages, your injuries must meet the "serious injury" threshold defined in New York Insurance Law § 5102(d).

Qualifying categories include:

• Fracture of a bone.
• Significant disfigurement.
• Permanent loss of use of a body organ, member, function, or system.
• Permanent consequential limitation of use of a body organ or member.
• Significant limitation of use of a body function or system.
• A medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the accident (the "90/180 rule").

Courts require objective medical evidence — MRI results, X-rays, range-of-motion testing, and consistent treatment records — not just subjective pain complaints. This is why seeing a doctor immediately after the crash matters so much: early documentation directly supports threshold qualification.

Missing a deadline in a New York car accident case can permanently end your right to compensation. Here is a quick reference:

• 30 days: File your no-fault (PIP) application with your insurer.
• 10 days: File Form MV-104 with the New York DMV (if injury, death, or damage over $1,000).
• 90 days: File a Notice of Claim if a government vehicle (such as a city bus) was involved. You then have 1 year and 90 days to file the lawsuit itself.
• 3 years: General statute of limitations for a personal injury lawsuit against a private party, under New York Civil Practice Law and Rules (CPLR) § 214.
• 2 years: Wrongful death claims must be filed within two years of the date of death, under New York Estates, Powers and Trusts Law § 5-4.1.

Special rules apply for minors: the three-year clock generally does not begin until the injured child turns 18, meaning they typically have until age 21 to file.

New York follows a "pure comparative negligence" rule under CPLR § 1411. This means you can still recover compensation even if you were partially — or even mostly — at fault for the crash.

Your damages are simply reduced by your percentage of fault. For example, if you are found 30% at fault and your total damages are $100,000, you can still recover $70,000. Unlike many other states, New York does not cut off your right to recover at 50% or 51% fault — you can recover as long as the other party shares any responsibility at all.

Insurance companies are well aware of this and will often try to inflate your share of the blame to reduce their payout. Strong evidence — police reports, witness statements, photos, and expert analysis — is essential to push back.

Not necessarily. Most claims start with the no-fault PIP system, which pays medical bills and lost wages regardless of fault. A lawsuit against the at-fault driver only comes into play if your injuries meet the serious injury threshold under § 5102(d), or if your economic losses exceed the $50,000 PIP cap. Many cases resolve through insurance negotiation without ever going to court.

New York requires insurers to offer Uninsured Motorist (UM) coverage. If you're hit by an uninsured driver or a hit-and-run vehicle, you can file a claim under your own UM coverage. For hit-and-run cases involving an unidentified vehicle, you must report the accident to your insurance company within 90 days to preserve your right to that coverage.

Straightforward no-fault claims can resolve in weeks. A contested personal injury lawsuit — especially one involving the serious injury threshold — can take one to three years or longer, depending on court schedules, the complexity of your injuries, and whether the case goes to trial. Settling early is sometimes faster but may mean accepting less than your case is worth.

This is very common. Adrenaline can mask fractures, ligament tears, and concussions for hours or even days after a crash. See a doctor as soon as symptoms appear — and ideally get checked out even if you feel fine. The statute of limitations still runs from the date of the accident, not the date you discover an injury, so do not delay in seeking medical care or speaking with an attorney.

Most Buffalo car accident attorneys work on a contingency fee basis, meaning they are paid only if you recover compensation — you owe nothing upfront. Initial consultations are typically free. DearLegal matches you with vetted attorneys at no cost to you, so there is no risk in getting a professional opinion on your situation.

A car accident in Buffalo can be overwhelming — between physical recovery, insurance paperwork, and legal deadlines, it's easy to make a misstep that costs you. You don't have to figure it out alone. DearLegal connects injury victims with experienced, pre-screened car accident attorneys across New York who can review your case for free and make sure every deadline is met. Start your case today — it takes less than a minute, and there's no obligation.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.