When the other driver had been drinking
Impaired driving is one of the reasons a car accident on Halloween night is handled differently from an ordinary fender-bender. If the other driver was arrested, a criminal case may move forward, but that case is brought by the state and does not decide your claim for injuries. The arrest paperwork, any test results, and the police report still matter, and your lawyer can request them through the proper channels. New York treats a commercial seller of alcohol and a private party host very differently. A bar that served a visibly intoxicated driver can sometimes be brought into a claim, while a host's exposure usually depends on whether alcohol was given to someone underage. Which of these applies is a fact question worth raising early.
A driver who left, or a rideshare in the middle
If the driver fled, report the crash to police promptly, because coverage for hit-and-run injuries often depends on a timely report. Your own policy's uninsured motorist coverage may apply, and in New York people without their own coverage may be able to turn to MVAIC, which has notice requirements that run on a short clock. Write down anything you remember about the vehicle and ask nearby businesses about cameras before footage is overwritten. When a rideshare was involved, whether the app was on and whether a trip was underway affect which policy responds, so keep screenshots of the trip and the receipt. Passengers in a friend's car can usually claim against that car's policy, which the insurer handles within its limits.
Putting the pieces in order
After a late-night crash, people tend to focus on the police and the car and let the medical side slide. Get evaluated even if you felt fine at the scene, and keep every record and bill. A no-fault application has its own short deadline, and claims against a city or another public body carry a notice requirement that comes even sooner than most people expect. In a first meeting we work out which policies may apply, what the criminal case is doing, and what evidence needs to be secured before it disappears. You decide which claims to pursue once that picture is clear.
