Summer car accidents in New York can involve tourists, local drivers, rental vehicles, rideshare services, borrowed cars, and insurance policies issued in different states. After a crash, you may need to identify the correct insurer, preserve travel records, arrange medical care after returning home, and meet New York reporting and claim deadlines.
Andrews, Bernstein & Maranto, PLLC helps injured people understand how New York no-fault benefits, fault-based claims, insurance coverage, and filing deadlines may apply after crashes in Buffalo, Niagara Falls, Erie County, Western New York, and nearby areas.
Key deadlines: An MV-104 crash report may be due within 10 days, while written no-fault notice is generally due within 30 days. Medical bills and lost-wage claims can have separate submission deadlines.
Why Summer Vacation Crashes Can Be More Complicated 
Summer vacation crashes can become complicated when tourists and local drivers share busy roads near attractions, festivals, waterfront destinations, sporting events, and family gatherings. Drivers may travel on Interstate 90, Interstate 190, Route 33, or local streets while visiting Buffalo, Niagara Falls, and other parts of Western New York.
A collision may involve people, vehicles, and insurance policies connected to several states. The at-fault driver may live outside New York. An injured passenger may leave the state before symptoms become serious. A rental vehicle may involve a personal auto policy, coverage purchased from the rental company, or another available policy.
Credit card rental benefits often focus on damage to the rental vehicle. They may not provide bodily injury liability coverage, no-fault benefits, or full protection for every loss. You should review each policy and agreement before relying on any one source of coverage.
These details can affect which insurer must receive notice, where evidence is located, and how quickly the investigation should begin.
What Tourists Should Do After a New York Car Accident
Your health and immediate safety should come first after a tourist car accident in New York. Call 911 when someone is injured, traffic is blocked, a vehicle cannot be moved safely, or another driver may be impaired.
If you leave New York soon after the crash, obtain copies of your discharge instructions, diagnostic test results, prescriptions, and medical records. Continue appropriate treatment near your home and tell each provider that your injuries resulted from a New York motor vehicle accident.
When conditions allow, take these steps before vehicles, witnesses, and travelers leave the area:
- Photograph vehicle positions, damage, license plates, skid marks, debris, traffic signals, road construction, and visible injuries.
- Exchange names, addresses, telephone numbers, driver license information, registration details, and insurance information.
- Ask witnesses for contact information and a brief description of what they saw.
- Save rental agreements, hotel records, toll receipts, event tickets, travel itineraries, rideshare records, and GPS information.
- Write down the police agency, report number, towing company, and location of each vehicle.
- Avoid signing a release or giving a detailed recorded statement before you understand the insurance issues.
Read more practical guidance in First Things to Do After an Auto Accident.
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What Local Drivers Should Know When a Tourist Is Involved
Local drivers should gather complete identifying and insurance information when a tourist is involved in a New York crash. A visiting driver must follow New York traffic laws, but locating that person later may become difficult after the visitor returns home.
Confirm the visitor’s full name, home address, telephone number, insurance carrier, policy number, vehicle identification details, and the name of the registered owner. If the vehicle is rented, photograph the rental company’s information and ask the investigating officer to include it in the report.
Witness information can be especially valuable because travelers may leave the area quickly. Nearby businesses, hotels, parking facilities, toll systems, and traffic cameras may hold video or records for only a limited period.
How New York No-Fault Insurance May Apply
New York uses a no-fault insurance system for many motor vehicle injury claims. No-fault benefits may pay qualifying medical expenses, a portion of lost earnings, and certain necessary expenses without first deciding which driver caused the collision.
The correct insurer can depend on whether you were a driver, passenger, pedestrian, or occupant of a rental or borrowed vehicle. Coverage can also depend on the vehicle’s registration, the policy language, and whether an out-of-state insurer is authorized to conduct business in New York or is affiliated with an authorized insurer.
Written notice of a no-fault claim is generally required within 30 days of the accident unless clear and reasonable justification supports late notice. Medical providers generally must submit bills within 45 days after treatment. Lost-wage claims generally require supporting documentation within 90 days after the work loss begins.
Do not assume that leaving New York ends the no-fault process. Medical care may continue in another state, but providers and insurers still need accurate claim information. Keep every bill, prescription receipt, mileage record, wage statement, disability note, and medical record.
Motorcycle occupants are generally excluded from ordinary New York first-party no-fault benefits. Different insurance and liability rules may apply after a motorcycle crash.
Read Are My Medical Bills Covered Through No-Fault if I Am Injured in an Auto Accident in New York? for more information about medical coverage.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Rental Cars, Borrowed Vehicles, and Rideshare Trips
Rental car accidents, borrowed vehicle crashes, and rideshare collisions can involve several layers of insurance.
For a rental car, save the rental agreement, damage waiver, supplemental liability purchase, credit card terms, and your personal auto policy. A borrowed vehicle may involve coverage held by the owner, the driver, or another household member.
A rideshare claim may depend on whether the app was off, the driver was waiting for a request, or a passenger trip was underway. Save trip receipts, driver details, app screenshots, and all messages connected to the ride.
Do not assume that the first adjuster who calls represents every available policy. An investigation may identify liability coverage, no-fault benefits, supplemental uninsured or underinsured motorist coverage, employer coverage, rideshare coverage, or another policy connected to the trip.
Fault, Comparative Negligence, and Serious Injuries
New York follows pure comparative negligence. More than one person may share responsibility for a crash. Your compensation can be reduced by your percentage of fault, but partial responsibility does not automatically prevent you from recovering damages.
Evidence may show that one driver was speeding while another made an unsafe lane change. Road conditions, construction, visibility, distraction, right of way, following distance, and unfamiliar intersections can also affect fault.
No-fault benefits are different from a liability claim against an at-fault driver. A covered person generally must establish a serious injury under New York Insurance Law before recovering noneconomic damages, including pain and suffering, from another covered person.
Visit the Buffalo Car Accident Lawyers page for more information about fault claims, injuries, insurance disputes, and recoverable damages.
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Reporting and Filing Deadlines
New York drivers generally must file an MV-104 report within 10 days when a crash causes injury, death, or more than $1,000 in property damage to any one person. A police report does not always replace the driver’s duty to file the form.
New York generally allows three years to file a personal injury lawsuit, but this period is not the only deadline that matters. Claims involving a government vehicle, dangerous public roadway, child, death, or another special circumstance may follow different rules and much shorter notice periods.
You should not wait until you return home to identify the correct insurers. You should also preserve video, vehicle data, witness information, rental records, and proof of travel before those materials disappear.
What Compensation May Be Available
The compensation available after a summer car accident depends on the injuries, insurance coverage, fault, and long-term effects. A claim may involve:
- Medical expenses and rehabilitation
- Lost wages and reduced earning ability
- Transportation and replacement-service expenses
- Property damage and rental vehicle charges
- Future medical care and support needs
- Pain, suffering, and loss of normal activities when legal requirements are met
Keep a file containing bills, pay records, photographs, travel changes, canceled reservations, medical records, and notes about your daily limitations.
How a Local Car Accident Lawyer Can Help
A local car accident lawyer can investigate the scene while a tourist continues treatment at home or while a local resident deals with an out-of-state insurer.
Legal work may include:
- Obtaining police, DMV, and medical records
- Locating witnesses
- Preserving video and vehicle data
- Reviewing rental contracts and rideshare records
- Identifying all available insurance policies
- Collecting medical records from several states
- Communicating with adjusters
- Monitoring claim and filing deadlines
Andrews, Bernstein & Maranto, PLLC is a Buffalo personal injury firm located at 420 Franklin Street, Buffalo, NY 14202. The firm represents injured people in Buffalo, Niagara Falls, Erie County, Western New York, and nearby areas.
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Discuss Your New York Car Accident Today
A summer trip should not leave you handling unfamiliar insurance and legal problems without guidance. Andrews, Bernstein & Maranto, PLLC can review how the crash happened, identify possible insurance coverage, explain New York deadlines, and discuss the next steps.
Call (716) 333-5525 or visit the firm’s Contact Us page to request a case review.
This article is for informational purposes only and is not legal advice. Speak with an attorney about your specific situation.