At the Car-Bike/Ped Crash Scene:
Guidance for Pedestrians and Bicyclists

Knowing what to do at the car-bike/ped crash scene can prevent further injury and ensure medical coverage under New York’s No-Fault insurance.

Information You Need and
What Else to Do After a Car Crash

“Should I go to the hospital?”

Yes. Go to the hospital. You may be injured and not know it. Your medical bills will be paid by the driver’s No-Fault insurance. In a hit-and-run or uninsured crash, and if you are a New York resident, an industry fund should pay. Also, all hospital emergency rooms by law must stabilize any patient in trauma, regardless of ability to pay.

Even without symptoms, you may be hurt

It doesn’t matter how you feel. What matters is the type of impact—where and how far you fell, what you fell on, how fast you were hit—or what doctors call the “mechanism of injury,” according to Dr. Edward Fishkin, medical director of Brooklyn’s Woodhull Hospital.

For this reason, it is strongly advised that you do not leave the scene before the police and ambulance arrive.

Make a note of exactly what happened to you (or to the victim, if you are a witness). Write it down if possible, and tell the EMTs or doctors.

“I think I was injured. Take me to the hospital.”

This is the safest thing to say at the crash scene.

It is not uncommon for people to realize hours or even days after a crash that they were more injured than they thought. (See “acute stress reaction” below.) Consider carefully before refusing medical assistance at the crash scene.

In many cases, you will be seen more quickly if you arrive by ambulance than if you check yourself in. (It still can take several hours.) If the hospital does not find a break or other injury, no harm has been done. If an injury shows up later—say a hairline fracture that was not noticed on the X-ray—you can still be covered under the driver’s No-Fault policy. Your medical records will serve as evidence.

If you do not go to the emergency room immediately after the crash, you can do so later. Take your police crash report number and go to the nearest public hospital emergency room. (You might also go to your preferred hospital if your own health insurer approves the visit. But note that health insurers are not required to pay medical expenses in event of a car crash; the car owner’s insurance is supposed to pay.)

Note for bicyclists: Ambulances normally do not have room to store bicycles. The police are responsible for securing your property (just as they would do for an injured driver) if you are taken by ambulance from a crash scene. The police will normally take the bicycle to the local precinct, where you or your family can claim it. Try to do so as soon as possible. After a short period, the NYPD will move the bike to a difficult-to-reach warehouse in Brooklyn.

Stay calm

It is very important to keep your wits.

If you feel a rush of adrenaline or the “fight or flight” urge, don’t act on it. This physical response to trauma is known to doctors as acute stress reaction. It can mask a serious pain or injury, and it can substantially interfere with your judgment.

If the driver, or anyone else, screams at or intimidates you, tell yourself not to react. It is more important to get the driver’s information so you can submit a claim. Remember what the driver says and does; you may need to include it in your claim.

Obtaining medical care after a car-bike/ped crash

You will need a crash report (see Reporting the Crash.) You can use the report number to begin receiving medical care immediately. You can also request a police report online: https://collisionreport.nypdonline.org/

If you need medical treatment, you:
(1) can pay the doctor or hospital directly and submit your receipts or bills to the insurer for reimbursement; or
(2) allow the doctor or hospital to submit their bills directly to the No-Fault insurer for payment.
(From https://www.dfs.ny.gov/consumer/auto/auto1213.htm.)

Why it’s so important to get care

Even a minor concussion (i.e., a brain injury) can harm your mental and emotional functioning and your memory in the long term. Some internal injuries, whiplash, or soft tissue damage might not be immediately apparent.

Receiving medical care will support any later claim for benefits you may need to make. If you don’t receive treatment at the time of the crash, the insurer might cite your lack of treatment as proof that you did not sustain any injury.

More importantly, if you delay treatment, any injury can be more difficult to care for and will interfere with your life longer.

No-Fault insurance covers medical bills in a car-bike/ped crash

In a crash in New York State, the driver’s insurance will cover your medical and some other expenses, regardless of where you live. If the driver is uninsured or flees the scene, and you are a resident of New York, the Motor Vehicle Accident Indemnification Corporation (MVAIC) should pay. (See Insurance for Pedestrians & Cyclists.) As noted above, all hospital emergency rooms by law must stabilize any patient in trauma, regardless of ability to pay.

But to receive No-Fault benefits, you or your attorney must ensure that your No-Fault claim is properly set up.

And you must report the crash to the NYPD or state DMV — and for hit-and-runs, do so within 24 hours.

Be vigilant about following the rules and qualifying for continuing coverage, because the insurer may try to deny your claim or cut you off as soon as possible.

Read up on your rights, have someone do it for you, and/or hire a lawyer. Don’t delay because you must make many crucial decisions right after the crash.

Information you need

• Vehicle license plate number and state of issue.
• Driver’s name, birth date, and address (on driver’s license).
• Witnesses’ name, address and phone (ask them to remain on the scene).
• Police accident report number, officer’s name, precinct, and badge number. Ask for their card.
• Vehicle’s insurance company, policy number, and expiration; vehicle make; and registered owner (from registration card).
• Name, address, and phone of passengers.

What else to do after a car crash

Take notes. Document what happened as soon as you can, or ask someone to do it for you. Note location, weather and traffic conditions, anything that recreates the scene.

Preserve physical evidence. Keep torn or bloody clothing, a damaged bicycle, or other evidence from the impact.

Photograph the car and license plate if possible. Take pictures of the crash scene from different angles; include the condition of the roadway, cars parked on the street, and traffic volume. Have someone do this for you if necessary.

Keep your receipts and keep them organized.

Inform your own insurer. If you have car insurance, inform them within 72 hours of the crash, even if you were walking or cycling and not driving when struck. In the convoluted American insurance system, there are many possible parties who might be responsible. Your own auto insurer may be the one (although they can’t raise your premium for a No-Fault claim. They will likely try to collect from he driver’s insurance, but this is not your problem.)

Consider engaging a lawyer, especially if your injuries are severe.

You need give only your name, contact number, and/or lawyer’s number to the driver’s insurer if they show up. You don’t have to (and shouldn’t yet) make a statement to the insurance company.

Get a crash report from the NYPD or state DMV. (See Reporting the Crash.) You must report a hit-and-run within 24 hours to be eligible for medical insurance through MVAIC.

Replace a helmet that’s seen any action. Your helmet is good for cushioning one blow. Keep it for insurance purposes if necessary, but don’t wear it again. If you do not need it as evidence, cut off the straps and put it in the trash, and buy another one. Read more about helmet lifespan here and here.

Also see the NYCC’s Emergency First Aid for Cyclists about responding to possible head injury.

If injuries appear minor

If you are able to walk away and decide to leave the scene, you should still report the incident to the local police precinct and/or the state DMV. If you later find out you were injured, you have protected your right to make an insurance claim within 30 days (or 90 days to MVAIC). If the police don’t write a report, you’ll have no recourse should the driver give you false or incomplete information.

As noted above, if you decline medical attention at the scene, but later want to be evaluated, you can take yourself (with your crash report number) to the nearest public hospital.

If only property is damaged

You will need receipts and estimates, and possibly photographs or physical evidence, to make a property damage claim with the driver’s insurer. Property damage claims are beyond the scope of this site, which focuses on obtaining care for personal injury. However, the Nolo Press site may be useful. Also, see our page on filing and obtaining an accident report, and this 2014 article on Gothamist for more on property damage claims.

The New York Bike Messenger Association handbook discusses settling claims on the spot with the driver who hit you, to save time and hassle for both sides. I have heard stories from cyclists who got satisfactory compensation this way, but they tend to be very confident individuals. This alternative may be more appropriate for property damage cases of under $1,000 (when you are absolutely certain there was no injury). But never sign any document or deposit any check that has language releasing a party from further liability without first consulting an attorney.

The law requires drivers to file an accident report for any crash resulting in personal injury or more than $1,000 in property damage. If you strike a bargain with the driver on the spot, consider whether you’re going to report the crash. If they don’t report it, but you do, their license could be suspended—which they probably didn’t bargain for when they forked over that cash. It would be fairer to tell the driver you’re making a claim and then bill their insurer for your losses.

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