Common Legal Mistakes Rochester Residents Make After an Accident

Avoiding Errors That Can Cost You Compensation and Peace of Mind

Even the most responsible drivers in Rochester can find themselves in a tough spot after a car accident. When emotions run high, it's easy to make snap decisions. Unfortunately, those quick calls often come with long-term consequences. Whether it's forgetting to call the police, skipping medical care, or talking too much at the scene, small mistakes can cause big legal trouble later on.

Failing to Report the Accident Properly

Too many drivers in Rochester skip the paperwork after a crash. That’s a big problem, especially when New York law is very clear about what needs to be done.

Under New York Vehicle and Traffic Law §605, you're legally required to file an MV-104 accident report if there’s injury, death, or property damage over $1,000. You have just 10 days to submit this to the DMV. Yet many people assume that if the cars are drivable and no one's visibly hurt, they’re in the clear. Not true.

Missing that deadline can lead to penalties, including a suspended license.

We’ve also seen drivers walk away from minor accidents without calling the Rochester Police Department. While that might feel reasonable at the moment, it complicates everything later. Insurance adjusters often question what happened if there's no official record — and that can seriously delay or reduce your payout.

• Failing to submit MV-104 in time may lead to DMV penalties
• Without an RPD report, fault disputes often become “your word vs. theirs”
• Documentation protects you even in minor fender-benders

Leaving the Scene Too Soon

Let’s clear this up: even if there’s just a small dent, leaving the scene before police arrive can land you in serious legal trouble.

Under New York’s Vehicle and Traffic Law §600, leaving the scene without exchanging information, or without waiting for authorities when there's injury, can be treated as a hit-and-run. That charge sticks, even if you didn’t mean any harm.

The Rochester Police Department typically responds quickly to crashes, especially on main roads like Monroe Avenue or near the Inner Loop. Staying put ensures the facts are recorded correctly and your rights are protected.

Once you leave, you lose control over the narrative. Stick around. It could be the most important 30 minutes of your day.

Admitting Fault or Making Apologies at the Scene

You’re shaken up, someone’s car is dented, and your first instinct is to say, “I’m sorry.” That’s human. But in the legal world, those two words can haunt your claim.

In Rochester and across New York, anything you say at the scene can be used later to suggest liability, even if you weren’t at fault. Your job isn’t to sort out blame on the spot. That’s for police and insurance investigators to figure out based on reports, photos, and statements.

Keep it simple. Share your license and insurance. Avoid explaining what happened or guessing who did what. Let the evidence speak.

Not Calling for Medical Attention Immediately

One of the most dangerous mistakes Rochester drivers make is brushing off injuries right after a crash.

It’s understandable. Maybe you feel fine. Maybe you don’t want to deal with the ER. But injuries like whiplash, concussions, or internal trauma often don’t show symptoms right away. A day later, you might wake up stiff, dizzy, or unable to move your neck.

Waiting to get checked out can seriously weaken your personal injury claim. Insurers are quick to argue that if you didn’t see a doctor right away, your injuries must not be that bad.

Fortunately, Rochester has excellent medical facilities close by:

• Strong Memorial Hospital
• Highland Hospital
• Unity Hospital
• Rochester General Hospital

Get evaluated right away even if it’s “just in case.”

Ignoring New York’s No-Fault Insurance Rules

New York uses a no-fault insurance system, which often confuses Rochester drivers.

Here’s what it means: your own insurance pays your medical bills and lost wages, no matter who caused the crash. This coverage is called Personal Injury Protection (PIP). But to use it, you need to act fast, claims must be filed within 30 days of the accident.

Many people assume they can sue right away, but in New York, you can only step outside the no-fault system if you’ve suffered a “serious injury.” That includes things like broken bones, significant disfigurement, or long-term disability.

• No-fault = your insurance covers basics first
• 30-day deadline to file a PIP claim
• “Serious injury” must be proven to pursue additional compensation

Posting About the Accident on Social Media

You’d be amazed how often accident victims lose credibility over a single post.

If you're involved in a crash in Rochester, stay off social media. Don’t post photos of your car. Don’t check in at a bar the night after. Don’t say, “Feeling fine!” even if you’re trying to reassure friends.

Insurance adjusters and defense attorneys in Monroe County comb through social media looking for ways to deny or devalue claims. That includes Facebook, Instagram, TikTok, and even LinkedIn. Something as simple as a smiling photo or gym check-in can be twisted against you.

Protect yourself: stay quiet online until your case wraps up.

Not Gathering Evidence at the Scene

Photos and names. That’s what you need right after a crash.

Rochester’s weather can change fast. One moment it's sunny on I-490, and 10 minutes later, there’s sleet on East Henrietta Road. Capturing the scene as it was matters, it shows road conditions, vehicle positions, and anything unusual like debris or broken signals.

Yet many drivers forget to take pictures. Or they assume the police will do it all. The truth is, officers record basic facts, but not always everything that helps your case.

Before you leave the scene:

• Snap photos of all vehicles, road signs, and surroundings
• Get names and phone numbers of any witnesses
• Note weather and lighting conditions

Accepting a Quick Settlement Offer

Insurers often move fast after a crash, not to help you, but to protect themselves.

They know you’re stressed. You might be injured, missing work, or dealing with a damaged vehicle. That’s when they call with a quick settlement offer. It sounds nice at first — some money, fast. But here’s the catch: once you sign, your case is closed. If new injuries show up later, or if your treatment costs more than expected, you’re stuck.

A Rochester injury attorney can review the offer and help you understand what’s fair. Don’t accept until you know what you're truly owed.

Not Consulting an Attorney Early Enough

Waiting too long to speak with a Rochester injury lawyer is one of the most damaging legal mistakes we see in Monroe County.

Between strict deadlines, insurance tactics, and confusing paperwork, it’s easy to fall behind. But early legal help means someone is watching the clock for you, preserving evidence, and keeping adjusters in check.

If cost is a concern, look into local resources:

• Monroe County Bar Association Lawyer Referral Service
• Legal Aid Society of Rochester

Getting advice early can make the difference between a successful claim and one that fizzles out.

Overlooking Comparative Negligence Rules

Did you know that in New York, you can still recover damages even if you were partly at fault?

It’s called pure comparative negligence. So if you were 30% responsible for a crash, you can still recover 70% of your total damages. Many Rochester residents assume they can’t file a claim if they played even a small role in the collision. That’s simply not true.

Don’t write off your case without checking with someone who understands how liability works in Monroe County courts.

Talking Directly to the Other Driver’s Insurance Adjuster

Here’s a tough truth: the other driver’s insurance adjuster is not your friend.

Their job is to minimize what they pay out. Anything you say — especially if it’s recorded — can be used to question your injuries or twist your words. If they call, politely refer them to your attorney or your own insurance company.

Avoid the conversation altogether if possible.

Neglecting Mental and Emotional Health After a Crash

Accidents aren’t just physical. The emotional impact can last even longer.

It’s not uncommon for Rochester crash victims to struggle with anxiety, depression, PTSD, or trouble sleeping. The good news? These are legitimate injuries — and treatment costs are recoverable with proper documentation.

Resources like UR Medicine Behavioral Health and Unity Behavioral Health offer counseling and therapy options. Don’t hesitate to ask for help.

Failing to Understand Long-Term Consequences of Settlement

Once you sign a settlement, that’s it. The case is closed, forever.

Too often, Rochester residents take quick payouts without considering future complications. Spinal issues, nerve damage, and head injuries might not fully show up for weeks or months.

Don’t rush. Wait until you’ve fully healed or reached what doctors call "maximum medical improvement." Only then should you talk numbers.

Stay Safe After a Personal Injury and Protect Your Rights

Most legal trouble after a car accident in Rochester isn’t caused by bad intent, it comes from stress, confusion, or bad information. By staying calm, acting quickly, and knowing your rights, you can protect yourself from costly mistakes.

Remember: report the crash, get medical care, and keep track of everything. If something feels off, ask for help.