Legal Roadmap: Addressing Traffic Accidents And Traveler Rights

Got into a car accident while vacationing in the U.S., specifically New York? You’re not the first this year.  

In just the first quarter of 2025, there were 7,936 traffic injuries reported across the state. That’s a drop from 9,599 last year—but it’s still a reminder that accidents happen more often than you’d think, even to cautious travelers.  

This guide breaks down what to do next and what rights you have as a visitor, so keep reading to find out more. 

I got injured in a traffic accident—what are my rights?

Your legal rights after a traffic accident in New York depend on your specific situation—whether you were a driver, passenger, or pedestrian. 

As a passenger in a car, you’re entitled to medical expenses and lost wages under the host vehicle’s insurance, regardless of fault.  

If your injuries meet New York’s “serious injury” threshold (e.g., fractures, permanent disability), you can sue the at-fault driver for: 

• Economic damages (medical bills, lost earnings) 

• Non-economic damages (pain and suffering) 

In case you were a bus passenger, you can also bring claims for negligence, just this time against public transit authorities, though sovereign immunity may limit damages. 

In both cases, responsibility could lie with multiple parties, in which case you can pursue claims against each responsible party. 

Now, if you suffered an injury as a driver or a pedestrian, you can sue the other driver if they were at fault (e.g., DUI, texting, speeding) and if your injuries meet the “serious injury” threshold. 

If you’re partially at fault, your compensation will be reduced by your percentage of fault. 

Which steps should I take after being in a traffic accident while on vacation? 

There are several important steps you need to take after getting into a traffic accident while on vacation. 

Here’s a quick rundown of all of them: 

Make Sure Everyone Is Safe and Call 911

First things first—check if you or anyone else is hurt. Even if it’s just a bump or bruise, don’t brush it off. 

If you’re able to move, get to a safe spot—but whatever you do, don’t leave the scene. 

Then, call 911 right away. Emergency services will help, and more importantly, you’ll have an official record of the accident.  

That record can save you a lot of trouble later. 

Seek Medical Attention

Let paramedics check you at the scene or head to the nearest clinic right after.  

Why? Because some injuries hide at first. You feel fine now, but that whiplash or concussion might kick in tomorrow. 

Plus, medical records matter. If you end up needing to file a claim, they’re your best proof that you didn’t just “feel a bit sore.” 

Exchange Information 

Now it’s time to swap details—no skipping this part.  

You’ll need: 

• Full names and contact info from everyone involved in the accident 

• Driver’s license numbers 

• Insurance details (company, policy number) 

And if it’s a rental car? Note the rental company and agreement number too. 

P.S. Be polite and helpful when exchanging information with others involved in the accident—and whatever you do, don’t start blaming yourself or others. Also, don’t say things like “I didn’t see them” or “I should’ve slowed down,” because even casual comments can be twisted into admissions of guilt.  

Stick to the facts and save your opinions for your lawyer. 

Document the Scene Thoroughly 

Your phone is your best friend right now. Snap pictures of: 

• Every vehicle involved (yes, even license plates) 

• The damage from all angles 

• Street signs, skid marks, weather, traffic signals—anything that shows what happened 

• Any visible injuries 

Also, if there are witnesses, ask for their names and what they saw.  

You don’t need to grill them—just jot down a quick note or voice memo. 

File a Police Report

Even if no one’s seriously hurt, ask the officers to file a report. That one sheet of paper can carry a lot of weight with insurers and lawyers later on. 

Oh, and make sure you know how to get a copy. Ask for the report number and where it’ll be filed. 

Notify Your Insurance Company

Call your insurance provider as soon as you can. Tell them what happened, send over all your documentation, and ask what’s covered, especially if you were driving a rental under your personal policy. 

Don’t wait until you’re home. Some policies require immediate notice, or you risk losing coverage. 

Rental Car Considerations

If your accident involved a rental car that you’ve been driving, use the emergency number on the rental agreement or inside the glove box and call the rental company. 

They’ll walk you through their process, including any paperwork you need to fill out. 

Ask the big questions: 

• Did your rental include extra insurance? 

• Are you covered through your personal car insurance or credit card? 

• What’s the deductible? What damages are on you? 

Clarity now = fewer surprises later. 

Consult with a Hit and Run Lawyer 

If anyone’s hurt, if there’s serious damage, or if you just feel overwhelmed, talk to hit and run lawyers in New York. 

Stick to a law firm that understands local laws, as they can help you with insurance claims, rental car headaches, and potential lawsuits. 

Also, don’t forget to bring detailed records of the following to your first legal consultation: 

• Medical reports 

• Police documents 

• Repair estimates 

• Insurance letters 

• Rental company emails 

It’s your backup if anything gets questioned, denied, or delayed.