What to Do After a Rochester Car Accident

One Wrong Move After a Car Accident Could Cost You Everything

A car accident can throw your life into chaos in seconds. One moment, you're driving down Monroe Avenue or merging onto I-490, and the next, you're dealing with a wreck, injuries, and a rush of confusion. 

Make the wrong move, and you could end up paying out of pocket for medical bills, car repairs, and lost wages. Say the wrong thing, and the insurance company might twist your words against you. Knowing exactly what to do in those first few minutes can protect your rights, your health, and your future.

The car accident lawyers at Horn Wright, LLP, are ready to guide you from the start to get you the compensation and justice you deserve. Hiring one of the best law firms in America is the best step you can take after a car crash.

What You Do in the First Five Minutes Could Change Everything

After a crash, adrenaline surges through your body, making it hard to think clearly. But those first few minutes are incredibly important. The decisions you make will impact your safety and your ability to recover damages in a personal injury lawsuit later.

Check Yourself—Are You Hurt Worse Than You Think?

Many accident victims walk away from crashes thinking they’re fine—only to wake up hours later with severe neck pain, dizziness, or internal injuries.

That’s why calling 911 is always the right move, even in a minor crash. EMTs can check for hidden injuries, and having medical records from the scene strengthens your claim. Injuries like disc herniations and protrusions don’t start to reveal symptoms right away. If you refuse medical treatment, the insurance company may argue you weren’t really injured, making it harder to get compensated later.

Get Out of Harm’s Way—Or Stay Put If It’s Too Dangerous

If your car is still drivable, move it to the shoulder or a safe parking lot to avoid blocking traffic. But if your car is totaled, stay inside with your hazard lights on and call for help.

Standing in the middle of the road—especially on icy Rochester streets in winter—puts you at risk of getting hit by oncoming traffic. If visibility is low or you’re unsure whether it’s safe to move, wait for first responders to guide you.

There are also legal risks. In New York, leaving the scene of an accident can lead to serious penalties, even if it’s just to move your vehicle. If you have to leave your car where it is, make sure you document the scene first.

Capture the Evidence Before It Disappears Forever

The scene of an accident changes fast. Skid marks fade, debris gets cleared, and vehicles are towed away. The photos you take now could be the difference between proving the other driver was at fault. Insurance companies will examine all angles of the crash to determine who was at fault, so you’ll want to document things as much as possible.

Make sure to document:

• Vehicle damage from all angles
• License plates of every car involved
• Street signs, traffic signals, and intersections if the crash happened at an intersection.
• Skid marks, debris, and road conditions

If you have a dashcam, save the footage immediately. It could be the strongest piece of evidence in proving what really happened. One of the first things our personal injury attorneys at Horn Wright, LLP, do in a car crash case is look to see if there’s any available footage to preserve and maintain for a later civil lawsuit.

Exchange Information—Without Saying Something You’ll Regret

You’ll need to get the other driver’s information. Be careful though, as one wrong word could cost you.

Try and collect:

• Name, contact info, and driver’s license number
• Vehicle make, model, and license plate number (especially if it was a hit-and-run driver)
• Insurance company and policy number

Whatever you do, don’t apologize or admit fault. Even saying something as simple as "I didn’t see you" could be used against you later as an admission by party. If the other driver refuses to give their information, document everything you can and let the police handle the rest.

Witnesses Can Make or Break Your Claim—Here’s How to Get Them on Your Side

A neutral third-party witness can be a game-changer in proving fault. But if you don’t act fast, they might leave the scene before you get their statement.

Ask witnesses:

• "What did you see?"
• "Did you notice how fast the other car was going?"
• "Would you be willing to give a statement?"

If they’re willing, get their contact info and ask if they’ll provide a written or video statement. If you’ve retained a car accident attorney they take the lead on contacting the person for a sworn statement. Insurance companies are less likely to dispute your claim when an unbiased witness backs up your side of the story.

Call the Police—Even If the Other Driver Begs You Not To

A police report is one of the most important pieces of evidence in any car accident claim. Even if the damage seems minor, having an officer document the crash can protect you from false claims later.

If the other driver tries to talk you out of calling the police, that’s a red flag. They may be uninsured, driving on a suspended license, or trying to avoid liability. No matter what they say, make the call. The Rochester Police Department, Monroe County Sheriff's Office, or the New York State Police should arrive to the scene immediately after a call.

If the police can’t come to the scene—something that can happen with minor crashes in Rochester—go to the nearest police station and file a report yourself. Once it’s filed, make sure to obtain a copy of the police report as soon as it’s ready and review it for inaccuracies.

What You Do in the Next 24 Hours Could Save Your Case

The shock of a car accident doesn’t wear off right away. In the hours after a crash, you might feel shaken, overwhelmed, or even relieved that things weren’t worse. But don’t let that false sense of security fool you. What you do in the next 24 hours could mean the difference between a smooth recovery and a financial nightmare.

Get Checked Out by a Doctor—Even If You Feel Fine

It’s easy to assume you’re okay if you’re not bleeding or in immediate pain. But many serious injuries don’t show up right away until you get the most important diagnostic test in a personal injury case. Concussions, whiplash, internal bleeding, and soft tissue damage can take hours or even days to cause noticeable symptoms. 

Delaying medical care gives them the perfect excuse to deny your claim. They’ll argue that if you were really hurt, you would’ve seen a doctor right away. Protect yourself by getting a medical evaluation as soon as possible, even if you feel fine.

Worried about the cost? Your New York No-Fault insurance benefits should be the primary source to pay for your medical bills. A personal injury attorney at Horn Wright, LLP, will make sure you’ve timely filed all necessary paperwork to preserve your coverage.

Call Your Insurance Company—But Watch What You Say

You’re required to notify your insurance company after an accident, but that doesn’t mean you should tell them everything. Insurance adjusters are trained to minimize payouts. They’ll look for any reason to weaken your claim.

When you report the accident, stick to the facts:

• Where and when the accident happened
• Who was involved
• A basic description of the damage and injuries

Don’t speculate about fault, don’t downplay your injuries, and never say “I’m fine”—even if you think you are. Some injuries take time to appear, and if you claim you’re uninjured too soon, it can be used against you later.

Most importantly, don’t agree to give a recorded statement without legal advice. The insurance company may ask leading questions designed to trap you into saying something that could hurt your claim. This is why you want the assistance of a lawyer even for car accidents that aren’t your fault.

Talk to a Lawyer Before the Insurance Company Takes Advantage of You

You might think you can handle your claim alone, but insurance companies have entire teams dedicated to paying you as little as possible. They know most people don’t understand how accident claims work—and they use that to their advantage.

If your injuries are serious or the insurance company is already making things difficult, hiring an attorney could be the smartest decision you make. It’s never too late to hire a lawyer after a car crash. Many car accident lawyers work on a contingency fee basis, meaning you don’t pay anything upfront—they only get paid if you win.

These Costly Mistakes Could Destroy Your Claim—Don’t Make Them

A car accident is stressful, and it’s easy to make a mistake in the heat of the moment. But the wrong move could cost you thousands—or even your entire claim. Insurance companies look for any reason to deny or minimize your payout. Don’t hand them an excuse on a silver platter.

Admitting Fault—Even If You Think You’re to Blame

Your instinct might be to apologize, even if you’re not sure what happened. Don’t. Saying “I’m sorry” or “I didn’t see you” can be twisted into an admission of fault, even if the other driver was actually to blame. Rochester has its share of car accident hotspots, so let the evidence and the police report determine who was responsible.

Delaying Medical Treatment—Insurance Companies Use This Against You

If you don’t see a doctor right away, the insurance company will argue that your injuries weren’t serious—or worse, that they weren’t caused by the accident at all. Even if you feel fine, get checked out as soon as possible. Some injuries, like whiplash and concussions, take time to appear.

Accepting the First Settlement Offer—It’s Almost Always a Lowball

The insurance company might offer you a quick settlement to “help” you move on. Don’t take it. Early offers are often far less than what you actually deserve. Once you accept, you can’t go back for more—even if your medical bills skyrocket later and you can’t get your lost wages paid. Always talk to a lawyer before signing anything.

Posting About the Crash on Social Media—This Can Ruin Your Case

A single post, photo, or comment can come back to haunt you. Insurance adjusters will check your social media. Even something as innocent as posting “I’m okay” can be used to argue that your injuries aren’t serious. Until your case is settled, keep the details offline.

Failing to Document the Scene—You Can’t Go Back and Get This Evidence

If you don’t take photos, obtain witness statements, or file a police report, you might not have enough proof to support your claim later. Once the scene is cleared, that evidence is gone forever. Try to take the best accident scene photos as possible, write down details, and get as much documentation as possible.

The Answers You Need—Right Now

Do I need to call the police if the accident was minor?

Yes. Even in a minor crash, having a police report protects you from false claims and makes your insurance claim stronger.

What if the other driver doesn’t have insurance?

New York requires uninsured motorist coverage, which can help cover your damages. But getting full compensation without legal help can be tricky.

Can I file a claim if I was partially at fault?

Yes. New York follows a comparative negligence rule, meaning you can still recover damages even if you were partly responsible—though your compensation may be reduced.

How long do I have to report a car accident?

In New York, you must report any accident involving injury, death, or property damage over $1,000 within 10 days, by filling out an MV-104 form. But when it comes to filing an insurance claim or lawsuit, deadlines vary.

Protect Your Rights with Horn Wright, LLP

After a car accident, the last thing you need is the stress of battling insurance companies alone. At Horn Wright, LLP, we know their tactics. We won’t let them take advantage of you. Our experienced car accident attorneys fight for the compensation you deserve, handling everything so you can focus on healing. Whether you’re facing medical bills, lost wages, or an insurance company trying to lowball your claim, we’re here to help. 

Contact our Rochester office today for a FREE consultation. Get the legal support you need today.