How to File a Car Accident Claim – A Complete Guide for New York Drivers

Car accidents can happen in a split second — but their impact often lasts for months or even years. From medical bills to lost wages and emotional stress, the aftermath can feel overwhelming. That’s why knowing how to file a car accident claim properly is so important. At Mallilo & Grossman, we’ve helped thousands of New Yorkers navigate the claims process with confidence, ensuring they get the compensation they deserve.

Step 1: Prioritize Safety and Gather Evidence

The moments right after a crash are critical. First, check for injuries and move to a safe area if possible. Then, document everything. Take clear photos of the accident scene, vehicle damage, license plates, and any visible injuries. Exchange information with the other driver — including their license, insurance, and contact details.

This evidence is the foundation of your case. Even small details can make a big difference later when filing your claim or negotiating with insurance companies.

Step 2: Report the Accident to the Police

In New York, any accident causing injury, death, or significant property damage must be reported to the police. The official accident report serves as an essential document when you start your claim. It provides unbiased details about what happened — including statements, locations, and diagrams that can support your version of events.

Step 3: Seek Medical Attention Immediately

Even if you feel fine after an accident, get checked by a medical professional. Some injuries, like whiplash or internal trauma, might not show symptoms right away. Your medical records will also serve as vital proof that your injuries were caused by the collision — not something that happened later.

At Mallilo & Grossman, we’ve seen many victims lose part of their claim value simply because they delayed treatment. Don’t take that risk.

Step 4: Notify Your Insurance Company

New York operates under a “no-fault” insurance system. This means your own insurance typically covers medical expenses and lost wages up to a certain limit, regardless of who caused the accident. However, there are deadlines — usually within 30 days — to file your no-fault benefits claim.

Be cautious when speaking with insurance adjusters. Their goal is often to minimize payouts. Never admit fault, and avoid signing anything without legal guidance.

Step 5: Understand When to File a Lawsuit

Sometimes, insurance isn’t enough — especially when the accident leads to serious or permanent injuries. That’s when filing a personal injury claim becomes necessary. A skilled attorney can evaluate your case and determine whether your injuries meet New York’s “serious injury threshold,” allowing you to pursue additional compensation from the at-fault driver.

Our team at Mallilo & Grossman handles every step — from collecting accident reports and medical documentation to negotiating with insurers and filing lawsuits when needed.

Step 6: Let an Attorney Handle the Legal Process

Filing a car accident claim is not just about paperwork — it’s about strategy. Knowing how to file a car accident claim correctly can mean the difference between full recovery and frustration. That’s why working with an experienced law firm is invaluable.

At Mallilo & Grossman, we:

• Investigate the crash and gather crucial evidence

• Communicate directly with insurance companies on your behalf

• Calculate fair compensation for your injuries, property damage, and pain

• Handle all negotiations and court filings while you focus on recovery

Step 7: Stay Informed and Keep Records

Throughout the claims process, keep copies of every document — medical bills, repair estimates, communications, and receipts. This organization helps your lawyer build a comprehensive claim and ensures nothing is overlooked.

Why Choose Mallilo & Grossman

With over 50 years of experience serving clients across Queens and New York City, Mallilo & Grossman has built a reputation for exceptional advocacy and results. We understand the challenges accident victims face and provide personalized attention from the very first consultation.

Our mission is simple: to handle the legal and insurance complexities so you can focus on what truly matters — healing and rebuilding your life.

Get Help Filing Your Car Accident Claim Today

If you’ve recently been involved in a car accident and are unsure how to file a car accident claim, don’t go through it alone. The process can be confusing, and one small mistake can delay or reduce your settlement.

Contact Mallilo & Grossman today for a free consultation. Our experienced attorneys will walk you through your options, protect your rights, and fight for the compensation you deserve.

Because after an accident, you shouldn’t have to worry about paperwork — you should be focused on recovery.