Auto accidents can happen to anyone. You can protect your legal rights by doing the right
thing after an accident occurs. This page summarizes some of the steps you should take if
you are involved in an accident. This page also contains an Accident Information Form that
you can print and  keep in your car to record information if you are involved in an accident.
Call Phillips, Krantz & Associates, LLP immediately if you are involved in an accident that
involves personal injuries or serious property damage.

Stopping Your Car
If your car is involved in an accident and you don’t stop, you may be subject to criminal
prosecution. Leave your car as close as possible to the place of impact without obstructing
traffic. After stopping, remain at the scene of the accident to aid the injured, protect the
scene, report to the police and gather information.

Aiding the injured
If someone is injured, give first aid if you are qualified and call for an ambulance. Remember
to note the location of the accident before you call for an ambulance. Tell the ambulance
dispatcher the name and number of the street as well as the direction in which the cars were
traveling at the time of the accident.

Protecting The Scene
Protect the scene of the accident to avoid additional collisions. Do not allow your car to
obstruct the road if it can be moved. Warn approaching cars by raising the hood of your car
and using your car’s hazard warning lights. In addition, for nighttime accidents, place flares
or reflectors on the road.

Calling The Police
Call the police, particularly if someone has been injured. A police report of the accident will
help your insurance claim and any injury claims. Ask the officer how to get a copy of the
accident report and note the officer’s name and badge number. If you receive a traffic ticket,
it does not mean you are guilty of a traffic offense or that you are responsible for the
accident. Be aware that you may hurt your claim for damages from the other driver if you
plead guilty. Consult with Phillips, Krantz & Associates, LLP before pleading guilty to any
traffic offense.

Exchanging Information with the Other Driver

You should get the following information:
1. Other drivers—name, address, phone number, driver’s license number, name of insurance
company and policy number.
2. Passengers—name, address, and phone number.
3. Witnesses—name, address and phone number.
4. Owner (if not the driver)—name, address, phone number, insurance company and policy
number.
Make notes about the time of day, weather conditions, road conditions, street lights, and
length of skid marks. Also make a diagram of the accident noting the location of the
vehicles, crosswalks, stop signs and traffic signals. If you hit a parked car and can’t find the
owner, leave a note with your name, address, and a summary of the accident.

Do Not Admit Responsibility
When you exchange information with the other driver and give facts to the police, don’t
admit responsibility for the accident. Things that you say can be used against you if there is
litigation. You may think that you were responsible for the accident and later learn that the
other driver caused it or that the other driver was equally at fault.

Towing Your Car
Before you allow a tow truck driver to pick up your car, be sure to ask the driver how much
it will cost and tell the driver where to take your car. Get the name, address and telephone
number of the driver and the towing company.

Filing An Accident Report (MV104)
In New York State, you must file an accident report called an "MV104" with the department
of motor vehicles within ten days of the accident.  Failure to file an accident report may
result in a fine and loss of your driver’s license. You should be able to get an accident report
form from your local police, your insurance agent or from Phillips, Krantz & Associates,
LLP.  You should not submit the form without first having reviewed by Phillips, Krantz &
Associates, LLP (we offer this service to anyone free of charge). Keep a copy of the report for
your records.

Going to the Hospital
Both you and your passengers should consider going to the hospital after any accident
involving a significant impact. The hospital may recognize injuries, sometimes serious, that
are not apparent to you. In New York State, the charges for a hospital visit and follow-up
medical treatment will be covered by the no-fault insurance coverage for the car you are in at
the time of the accident or the no-fault insurance coverage for the car that strikes you if you
are a pedestrian.  Don’t settle claims from the accident until your doctor has advised you
about the extent of your injuries.

Notifying Your Insurance Agent
Call your insurance agent as soon as possible after an
accident. Your insurance company may have grounds to deny coverage if you fail to give
prompt notice of the accident. Follow up the phone call with a written notice and save a copy
for your files. The written notice should contain information about the date, time and place of
the accident, with names and addresses of the other drivers, injured persons, passengers, and
witnesses. If you were at fault, your liability insurance should pay for any injuries or
property damages. If the other driver is at fault but does not have insurance, your insurance
may pay for damages to your car (collision coverage), your medical expenses (medical
payment coverage) and even for your pain and suffering (if you have uninsured motorist
coverage).

No-Fault Insurance
New York State has “no-fault” insurance laws.  This coverage is available for you and anyone
else in your car at the time of an accident regardless of who caused the accident.  The losses
covered by no-fault insurance include medical expenses and lost earnings arising from
accident-related injuries.  No-fault insurance does not protect you for major accidents since
the amount of basic coverage is limited Fifty Thousand Dollars.

Calling Phillips, Krantz & Associates, LLP
If you have been involved in an accident, your lawyer can advise you about your rights and
responsibilities. The sooner you call us the better since witnesses may forget the details of
the accident and there are many time-sensitive forms that must be filed. We can counsel you
on how to respond to questions from insurance adjusters and help you recover the maximum
compensation for your personal injuries.

Accident Information Form

The Other Driver and Vehicle:
Name, address, phone



Driver’s License no.
Insurance company, policy no.

Vehicle license plate no.
Vehicle make, model and year


Name, Address, and Phone No. of Passengers in Other Vehicle:




Name, Address, and Phone No. of Witnesses:




Other Information:

Date and time of accident :

Location of accident :

Road conditions :

Traffic conditions :

Weather conditions :

Were your or other vehicle’s headlights on? :

Were you or other driver signaling a turn? :

Length of your vehicle’s skid marks :

Name, badge no. of police officer :

5 Diagram of Accident:
Use the space below to diagram the path of the vehicles before the accident and their position
after the accident. Use a solid line to show the path of the vehicles. Show any stop signs,
traffic signals, or street lights.
WHAT YOU NEED KNOW IF YOU HAVE AN AUTO ACCIDENT
"Making the world
a better place, one
case at a time"
WHERE
JUSTICE
COUNTS
PHILLIPS,     
KRANTZ &                Tel (212)580-6500   
ASSOCIATES, LLP       offices in Manhattan, Brooklyn, New Jersey