An accident on Route 30, a deer strike on a dark stretch of rural road, a fender-bender in a Gloversville parking lot — every auto claim starts the same way: something happens, and now there's a process to follow. New York's no-fault system adds a wrinkle most drivers only learn about after they need it. Here's how the whole thing works, start to finish.
At the scene: what to do first
- Check for injuries and call 911 if anyone is hurt or if the vehicles are blocking traffic.
- Move vehicles out of traffic if they're drivable and it's safe to do so.
- Exchange information with the other driver: name, contact information, insurance company and policy number, and license plate.
- Photograph the vehicles, the road position, license plates, visible damage, and any relevant road conditions (ice, debris, poor visibility).
- Get contact information for any witnesses.
- Call the police, especially for any accident involving injury, significant damage, or disagreement about what happened.
How New York's no-fault system actually works
New York requires every auto policy to include Personal Injury Protection (PIP), commonly called no-fault coverage. After an accident, your own PIP coverage generally pays your medical expenses and a portion of lost income up to your policy limit, regardless of who caused the accident. This is designed to get injury-related bills paid quickly without waiting for a fault determination.
No-fault applies to injuries — not vehicle damage. Property damage is handled separately, either through the at-fault driver's property damage liability coverage or through your own collision coverage if you carry it. This is one of the most commonly misunderstood parts of NY auto insurance: your medical bills and your car repair follow two different claims tracks.
Filing the claim with your insurer
Report the accident to your agent or your carrier's claims line as soon as possible, even if you believe the other driver was clearly at fault. You'll need the date, time, and location of the accident, the other driver's information, and the police report number if one was generated. The carrier will open a claim file and, for vehicle damage, typically arrange an inspection either in person or at a network repair facility.
Filing against the other driver's insurance instead
If the other driver was clearly at fault, you can generally file your property damage claim directly with their liability carrier rather than using your own collision coverage. This avoids your deductible, but the process can take longer since the other carrier will investigate fault before authorizing repairs. If your own carrier is faster and you'd rather not wait, filing collision through your own policy and letting your carrier pursue subrogation against the at-fault driver's insurer is often the more practical path — talk to your agent about which makes sense for your situation.
Getting your vehicle repaired
You're generally not required to use a body shop recommended by the insurance company — you can choose your own repair shop in New York. Get an estimate, and if the carrier's estimate is lower than your shop's, ask for a supplement request or a direct conversation between the shop and the adjuster, which is a normal part of the process for hidden or additional damage found once repairs begin.
Total losses
If repair costs approach or exceed the vehicle's value, the carrier may declare the vehicle a total loss and offer an actual cash value settlement based on comparable vehicles in your area, rather than paying for repairs. You can negotiate this value with documentation of your vehicle's condition, mileage, and any recent maintenance or upgrades.
Deer strikes and comprehensive claims
Hitting a deer — common on rural roads throughout Fulton and Montgomery County — is typically covered under comprehensive coverage rather than collision, since it's not a collision with another vehicle. Comprehensive usually carries its own deductible, separate from your collision deductible, so check your declarations page to see which applies.
Auto insurance claims FAQs
Do I still get medical coverage if the accident was my fault?
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In most cases, yes. New York is a no-fault state, which means your own policy's Personal Injury Protection (PIP) generally pays your medical expenses and a portion of lost wages after an accident regardless of who caused it, up to your policy's PIP limit (state minimum is $50,000). No-fault does not apply to vehicle damage — that's handled through collision coverage or the at-fault driver's property damage liability.
Is a police report required after an accident in New York?
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New York law requires drivers to report an accident to the DMV within 10 days if it results in injury, death, or more than $1,000 in property damage (combined, all vehicles), using form MV-104. Calling the police to the scene is strongly advisable for any accident involving injury, significant damage, or a dispute about fault, since the police report becomes an important record for the claims process.
Do I have to use the other driver's insurance, or can I file with my own?
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You generally have the choice to file a property damage claim with the at-fault driver's liability carrier or, if you carry collision coverage, with your own insurer — your own carrier then seeks reimbursement (subrogation) from the at-fault driver's carrier. Filing with your own collision coverage is often faster, though your deductible applies upfront and may be reimbursed later if your carrier recovers from the other party.
Will I have a rental car while my vehicle is being repaired?
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Only if your policy includes rental reimbursement coverage, or if you're filing against an at-fault driver's liability coverage in a case where fault is clearly established. Rental coverage is optional on most NY auto policies and is worth confirming before you need it — check your declarations page or ask your agent.