Saying "I'm fine" at the scene of a pedestrian accident can be one of the most costly mistakes you make, and most people do it without thinking twice.
You just got hit by a car. You're shaken, embarrassed, maybe in shock. Police are asking questions. The driver is standing nearby. Saying "I'm fine" feels like the natural, polite thing to say. It's a reflex.
But those two words go into an official police report. And once they're there, they become a weapon the insurance company will use against you.
Here's what you need to know, before, during, and after the scene.
Those Two Words Create a Paper Trail That Works Against You
When police respond to a pedestrian accident in New York City, they document what everyone at the scene says. If you tell an officer you're fine, that statement gets recorded. It becomes part of the official accident report.
Insurance adjusters read those reports. Their job is to pay out as little as possible, and a statement like "pedestrian said she was fine at the scene" is exactly the kind of detail they will point to when disputing your injuries later.
Under New York Insurance Law §5102(d), pedestrians who are hit by vehicles must meet what's called the serious injury threshold to sue for pain and suffering. That means your injuries need to meet specific legal criteria, fractures, significant or permanent limitation of a body part, or a condition that prevents you from performing your normal daily activities for at least 90 of the 180 days following the accident.
Defense attorneys will argue that someone who said they were "fine" immediately after impact couldn't have suffered injuries serious enough to meet that threshold. That argument has derailed real cases. It can derail yours.
Why You Feel Fine - and Why That Doesn't Mean You Are
The human body responds to trauma with a surge of adrenaline. In the minutes after a collision, adrenaline and shock can suppress your perception of pain so effectively that serious injuries go unnoticed entirely.
Pedestrian accidents are especially dangerous in this regard because the injuries that tend to emerge later are often the most serious ones.
Common delayed-onset injuries after a pedestrian is struck by a vehicle include:
- Traumatic brain injuries (TBIs) - headaches, dizziness, and cognitive changes can appear 24 to 72 hours after the impact
- Herniated or bulging discs - spinal injuries caused by the force of impact often don't produce intense pain until inflammation sets in
- Soft tissue tears - ligament and tendon damage in knees, shoulders, and hips may not become symptomatic until the swelling starts
- Internal bleeding - organ damage can be silent for hours
- Hairline fractures - not always visible without imaging, and not always immediately painful
A study published in the Journal of Trauma and Acute Care Surgery found that a significant portion of trauma patients who initially reported no symptoms were later diagnosed with injuries requiring treatment. At the scene of a pedestrian accident, you simply do not know the full picture of what your body just went through.
How "I'm Fine" Gets Used Against You
Insurance companies are not passive. The moment a claim is filed, adjusters begin building a case to reduce or deny it.
Here's how your statement at the scene gets weaponized:
1. The police report. What you say to responding officers is written down. That report is obtained by the at-fault driver's insurance company almost immediately. Your words are already on record before you've had a chance to speak with an attorney.
2. The recorded statement request. Within days of a pedestrian accident, you will likely receive a call from an insurance adjuster asking you to give a recorded statement about the crash. They may frame it as routine or cooperative. It is neither. They are looking for statements, including "I felt fine at the scene", that they can use to minimize what they pay you.
3. The serious injury defense. Under New York law, your right to sue for pain and suffering depends on proving a qualifying serious injury. A "fine" on the accident report, combined with any gap in your medical treatment, gives the defense a strong argument that your injuries don't meet that legal standard.
Michael Gunzburg has spent 39 years in New York City courts watching insurance companies deploy exactly this strategy against injured pedestrians. Cases that should have settled for full value get dragged out, or significantly reduced, because of a single careless statement made at the scene.
What You Should Actually Say
You don't have to be combative or uncooperative at the scene. You just need to be honest, and being honest means acknowledging that you don't yet know how you feel.
When speaking to police: Say that you are not sure how you feel yet and that you want to be evaluated by a doctor. You can, and should, cooperate fully with the responding officer while declining to describe your physical condition as "fine" or "okay."
When the driver or bystanders ask if you're alright: "I don't know yet" is a truthful, appropriate answer. You don't owe anyone a damage assessment of your own body within minutes of being struck by a vehicle.
When the insurance company calls: Do not give a recorded statement to any insurance adjuster, yours or theirs, without speaking to an attorney first. This is not a delay tactic. It is a legal protection you are entitled to use. Once you give a recorded statement, you cannot take it back.
A simple rule: say as little as possible about your physical condition until a doctor has examined you.
What If You Already Said You Were Fine?
If you already told the police or the driver's insurance company that you were fine, your case is not over. Not even close.
What matters most at this point is what you do next.
Get medical attention the same day. Go to an emergency room, urgent care, or your primary care physician before 24 hours have passed. Your medical records, what a doctor finds, documents, and diagnoses, carry far more weight than a statement you made in the minutes after a traumatic collision. If a doctor finds evidence of injury, that objective medical evidence can counterbalance what you said at the scene.
Don't give a recorded statement. If you haven't already given one to the insurance company, don't. If you already have, tell an attorney what you said before any further contact with the insurer.
Document everything. Photograph your injuries, your clothing, the accident location, and any vehicles involved. Write down what happened while your memory is fresh. Save every text, voicemail, or email from the insurance company.
Call an attorney before accepting anything. Insurance companies sometimes offer quick settlements to pedestrians who said they felt fine at the scene, specifically because they believe those victims don't understand their rights. A settlement that sounds reasonable today may not cover your surgery, rehabilitation, or lost wages six months from now. Once you sign a release, you cannot go back.
The $2.85 million settlement Michael Gunzburg secured for a pedestrian struck in the Bronx crosswalk at Gerard Avenue and 153rd Street, and the $2.5 million settlement for a woman struck by a van on 7th Avenue in Manhattan, both involved clients who needed ongoing surgeries and treatment that wasn't fully apparent in the immediate aftermath of their accidents. Settling early, before the full extent of injuries was known, would have left both of them far short of what they needed.
The 90-Day Clock: Why NYC Has a Tighter Deadline Than Most
If a city-owned vehicle was involved in your accident, an MTA bus, an NYPD cruiser, a sanitation truck, New York law imposes a 90-day Notice of Claim deadline. Miss that window, and you may lose your right to sue the City of New York or the MTA entirely, regardless of how serious your injuries turn out to be.
This deadline runs from the date of the accident, not from the date you discover your injuries.
For accidents involving private drivers, the standard statute of limitations is three years. But even in those cases, every day without medical documentation is a day the defense uses to argue that your injuries weren't caused by the accident, or weren't serious to begin with.
If an MTA bus or city vehicle was involved in your accident, call an attorney immediately. You can learn more about transit-related claims at gunzburglaw.com/personal-injury-attorney-nyc/bus-train-accident/.
What to Do in the First 24 Hours
If you were just hit by a vehicle as a pedestrian in New York City, here is what to do right now:
Seek medical evaluation today. Even if you feel okay, get examined. Tell the doctor exactly how the accident happened and every part of your body that made contact with the vehicle or the ground. Do not downplay your symptoms.
Don't give a recorded statement. If the insurance company calls, you are not required to speak with them before consulting an attorney.
Preserve your evidence. Photograph injuries, the accident scene, any visible vehicle damage, and your clothing. Write down the names and contact information of any witnesses.
Call Michael Gunzburg, P.C. at (212) 725-8500. The consultation is free, there is no obligation, and you pay nothing unless the firm recovers compensation for you. The sooner you call, the more options you have.
Protect Your Rights Before the Insurance Company Builds Its Case
Pedestrian accidents in New York City can cause life-altering injuries, traumatic brain damage, spinal cord injuries requiring surgery, permanent disabilities that change everything about how you work and live. The fact that you felt okay at the scene does not mean those injuries aren't there.
At Michael Gunzburg, P.C., the firm has spent 39+ years representing injured pedestrians across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Michael Gunzburg is a licensed New York attorney and CPA, which gives him a distinct advantage when calculating and fighting for the full economic value of your losses, including future medical costs and diminished earning capacity that other attorneys may miss.
Every case is handled on a contingency fee basis. You pay nothing unless the firm wins.
If you were hit by a vehicle while walking in New York City, call (212) 725-8500 today for your free consultation. You can also learn more about your rights at gunzburglaw.com/personal-injury-attorney-nyc/pedestrian-accident/.
Don't let two words spoken in shock decide the outcome of your case.
