NY Car Accident

New York Car Accident Lawyer

New York car accidents trigger a complex interplay of no-fault insurance, serious injury thresholds, SUM coverage, and traditional tort law. Mishandling any of these can cost you tens of thousands in benefits — or kill your case entirely. We handle every step from the first phone call to the insurance company through trial if needed.

Step 1: Protect Your No-Fault PIP Benefits

NY no-fault pays up to $50,000 in Personal Injury Protection covering medical bills, 80% of lost wages (up to $2,000/month), and other out-of-pocket expenses — regardless of fault. But you must file a No-Fault Application (NF-2) within 30 days of the accident. Miss that window and PIP benefits can be denied entirely.

We handle no-fault paperwork, keep your medical treatment properly documented in no-fault format, and fight denials when insurance carriers try to cut off benefits (which they do, aggressively, and often improperly).

Step 2: Meet the Serious Injury Threshold

To sue the at-fault driver for pain and suffering, you must prove "serious injury" under NY Insurance Law §5102(d). The nine qualifying categories:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• Non-permanent injury preventing substantially all customary daily activities for 90 of first 180 days

The last three "soft tissue" categories are the most fought-over. Insurance carriers routinely challenge serious injury threshold with their own IME (independent medical examination) doctors. Building a defensible threshold case requires early, consistent medical documentation. See our full guide to NY no-fault insurance.

Step 3: Pursue All Available Coverage

At-fault driver's bodily injury (BI) coverage. NY minimum is $25,000/$50,000. Many drivers carry more, but a surprising number drive with just the minimum. If damages exceed the at-fault policy, we pursue your SUM coverage.

SUM / UM coverage. Your own policy's supplemental uninsured/underinsured motorist coverage protects you when the at-fault driver has no or insufficient coverage. We check every household policy for stacking opportunities.

Third-party policies. Rideshare company policies, commercial policies covering truck drivers at work, hotel/restaurant policies if the driver was intoxicated and over-served, government policies for MTA buses and emergency vehicles.

NY Comparative Negligence — Pure Comparative

New York follows pure comparative negligence. Even if you were 99% at fault, you can still recover 1% of your damages from the other party. Most states cut off recovery at 50% or 51% fault. NY is one of the most plaintiff-friendly states on this issue. Don't assume you can't recover just because you share some fault.

What to Do After a NY Car Accident

1. Call 911. Police report establishes the record of the accident.
2. Get medical attention immediately. Even if you feel OK — delayed symptoms are common and gaps in treatment hurt your case.
3. Photograph everything. Vehicle damage, injuries, scene, road conditions.
4. Get other driver's information. Name, phone, insurance, plate, driver's license.
5. Do NOT give a recorded statement to the other driver's insurance. They will use it against you.
6. File your No-Fault Application (NF-2) within 30 days. We handle this for you.
7. Call a lawyer. Early representation keeps the insurance companies honest.

Related Resources

• Personal Injury Lawyer New York (hub)
• Personal Injury Lawyer Long Island
• Truck Accident Lawyer New York
• NY No-Fault Insurance Explained
• Motorcycle Accidents
• Rear-End Car Accidents