Medical Records After a Car Accident in New York: What to Keep

Under New York Public Health Law section 18, a patient or a patient's qualified representative has the right to obtain copies of medical records held by a treating provider. This right matters after a car accident because the records created in the days and weeks that follow are often the main evidence connecting the collision to an injury.

What counts as a medical record after a car accident?

A medical record is not limited to a hospital discharge summary. It includes ambulance and emergency room reports, imaging studies such as X-rays or MRIs, physical therapy notes, prescription records, and any written referral to a specialist. Bills and itemized statements from providers are also part of the documentation trail, even though they are generated by billing departments rather than treating physicians.

Why do these records matter for a claim arising from the accident?

A personal injury claim under New York law generally requires proof that the accident caused the injury and that the injury meets the threshold set by Insurance Law Article 51 for claims against another driver. Medical records created close in time to the accident, and continuing through treatment, are the primary way that causation and the extent of injury are shown. Gaps in treatment or missing records can raise questions about whether an injury was caused by the accident or by something else.

Which records should be kept from the start?

It is worth keeping copies, paper or electronic, of the following:

• Emergency room and urgent care intake and discharge paperwork
• Ambulance or EMS run reports
• Imaging reports and the images themselves when available
• Physical therapy, chiropractic, or rehabilitation notes
• Prescription records and pharmacy receipts
• Referral letters between providers
• Itemized bills and explanation of benefits statements from insurers
• Any disability or work-excuse notes from a treating provider

How long should accident-related medical records be kept?

There is no single statute that fixes a retention period for a patient's own copies of records. Health care providers in New York are subject to their own retention rules under state regulations governing hospitals and physicians, but those rules govern the provider's file, not the patient's personal copies. As a practical matter, records connected to an accident are useful for as long as a related legal claim remains possible, which can extend well beyond the period of active treatment. Keeping records longer than seems necessary carries little downside, while discarding them early can be difficult to undo.

Who can access these records under New York law?

Public Health Law section 18 allows the patient, and in some circumstances a parent, guardian, or appointed representative, to request copies directly from a provider. Insurance carriers handling a no-fault claim under Insurance Law Article 51 or a liability claim typically require a signed authorization before a provider will release records to them. In litigation, the exchange of medical records and authorizations is governed by the Civil Practice Law and Rules, including the disclosure provisions under CPLR Article 31.

What about records tied to a no-fault insurance claim?

New York's no-fault system, set out in Insurance Law Article 51 and its implementing regulations, requires timely submission of proof of claim forms along with supporting medical documentation to the no-fault insurer. Because no-fault claims operate on their own internal deadlines separate from a lawsuit, records needed to support a no-fault application should be gathered and submitted promptly rather than held back for later use in a broader claim.

What deadlines affect the use of these records?

Several time limits can apply to a claim arising from a car accident, including the limitations period for a negligence action under CPLR 214 and any notice requirements tied to insurance claims. When more than one deadline could apply, the shortest one controls. This is especially important when the claim involves a public entity, such as a municipal bus, a school district vehicle, or a city-owned car. Claims against a public entity carry a notice of claim requirement under General Municipal Law section 50-e, which must generally be satisfied within ninety days of the occurrence, a far shorter window than the ordinary limitations period that applies to claims against a private driver. Because these shorter notice periods can cut off a claim before the general limitations period would otherwise run, it is important to identify early on whether a public entity may be involved and to treat the earliest applicable deadline as the one that governs.

This article is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes and how it applies depends on the specific facts. Speak with a lawyer about your own situation.