Auto Accidents FAQs

You have a viable car accident case if another driver's negligence caused your injuries. In New York's no-fault system, your own insurance initially covers medical expenses and lost wages. However, you can sue the at-fault driver if you meet the "serious injury threshold" or if your economic losses exceed $50,000. Valid cases involve negligence such as speeding, distracted driving, or running red lights. Even if fault is disputed, you may still recover compensation under New York's comparative negligence rules, which allow recovery even when you share some responsibility for the accident.

It depends on your injuries. Because New York is a no-fault insurance state, you can only sue the at-fault driver if your injuries meet the serious injury threshold or your basic economic losses exceed $50,000. If you qualify, you can file a lawsuit for pain and suffering, additional medical expenses, lost wages beyond no-fault limits, and other damages. If your injuries don't meet the threshold, you're limited to no-fault benefits from your own insurance company, which covers up to $50,000 in medical expenses and partial lost wages.

The serious injury threshold is a legal standard determining whether you can sue an at-fault driver for pain and suffering damages. Under New York Insurance Law, a "serious injury" includes death, dismemberment, significant disfigurement, bone fracture, loss of fetus, permanent loss or significant limitation of a body organ or member, permanent loss of body function, or a non-permanent injury preventing you from performing substantially all daily activities for at least 90 of the 180 days immediately following the accident. Meeting this threshold is essential to pursuing a lawsuit beyond no-fault benefits.

Yes. New York follows a pure comparative negligence rule, meaning you can recover compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you're awarded $100,000 but found 30% at fault, you would receive $70,000. You can recover compensation as long as you're not 100% at fault, though your recovery amount decreases proportionally to your share of responsibility. This system ensures fairness while holding all negligent parties accountable for their actions.

You can still file a claim. If you're injured in a New York car accident as a non-resident, file a no-fault claim with the insurer of the vehicle you occupied (if it has New York insurance), or if you were a pedestrian, with the insurer of the vehicle that struck you. You can also file a lawsuit in New York courts within the statute of limitations. New York's no-fault system applies regardless of residency status. You must follow New York procedures, including the 30-day no-fault claim deadline and three-year statute of limitations for lawsuits.

Check for injuries and call 911 if needed. Move to safety without leaving the scene. Call police to obtain a report. Exchange information with other drivers including names, contact details, insurance, and vehicle information. Document everything with photos of damage, injuries, road conditions, and traffic signs. Get witness contact information. Seek medical attention within 72 hours, even if you feel fine. Notify your insurance company promptly and file a no-fault claim within 30 days. Consult a car accident attorney before giving recorded statements. Never admit fault at the scene. Fault determination should be left to investigators and your attorney.

Accidents involving government vehicles have much stricter deadlines. You must file a Notice of Claim within 90 days of the accident. This is mandatory and strictly enforced. Include specific details: your name, address, nature of claim, date, time, place, manner of accident, injuries sustained, and amount claimed. Wait 30 days for the government entity to respond. If denied or unresolved, file a lawsuit within 1 year and 90 days from the accident date. Common mistakes include missing the 90-day deadline, serving the wrong agency, failing to include required information, and not notarizing the Notice of Claim. Consult an attorney immediately.

Deadlines vary by claim type. Personal injury lawsuits have a 3-year statute of limitations from the accident date. Property damage lawsuits also have 3 years. Wrongful death lawsuits have 2 years from the date of death. No-fault insurance claims must be filed within 30 days of the accident. Government vehicle claims require a Notice of Claim within 90 days, then a lawsuit within 1 year and 90 days. Uninsured motorist claims typically require notification within 30 days for hit-and-run accidents. Minors have until 3 years after their 18th birthday (age 21) to file. Act immediately. Missing deadlines can permanently bar your compensation rights.

"Timely notice of claim" refers to strict deadlines for notifying insurers about accidents. For no-fault insurance, you must file written notice with your insurer within 30 days of the accident using Form NF-2. Late filing can result in complete denial of benefits unless you have clear and reasonable justification. Most uninsured/underinsured motorist policies require prompt notice, typically within 30 days for hit-and-run accidents. Government claims require serving a Notice of Claim within 90 days. Timely notice allows insurers to investigate promptly while evidence is fresh, assess liability, and control potential damages. Failure to provide timely notice can be grounds for coverage denial.

Car accident settlements typically take several months to over two years, depending on various factors. Minor injuries may settle in 3-6 months, moderate injuries in 6-12 months, and severe injuries in 1-3 years or more. Factors affecting timeline include injury severity, liability disputes, insurance coverage complexities, court schedules if a lawsuit is filed, and government involvement requiring additional procedural steps. Most cases settle before trial, but your attorney must prepare as if trial is certain to maximize settlement value. Government vehicle cases may resolve faster due to early notice requirements but can also face bureaucratic delays.

New York's no-fault insurance (PIP) pays first, regardless of who caused the accident. PIP covers all reasonable and necessary medical expenses up to $50,000 per person, 80% of lost wages up to $2,000 monthly maximum for up to three years, $25 daily for other reasonable expenses like transportation for up to one year, and a $2,000 death benefit. Your own auto insurance policy provides PIP coverage, or the vehicle you occupied if you don't own a car, or the vehicle that struck you if you were a pedestrian or cyclist. After PIP is exhausted, you can sue the at-fault driver for additional expenses if you meet the serious injury threshold.

You can seek economic damages including medical expenses (past and future), lost wages and diminished earning capacity, property damage, and out-of-pocket expenses. Non-economic damages: available only if you meet the serious injury threshold, include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Compensation is available through no-fault PIP for medical expenses and partial lost wages up to $50,000, lawsuits against the at-fault driver for additional compensation beyond PIP limits, and uninsured/underinsured motorist coverage if the at-fault driver lacks adequate insurance. New York does not cap damages in car accident cases, allowing full compensation for your losses.

Settlement amounts vary dramatically based on injury severity. Minor injuries like sprains, whiplash, and soft tissue damage typically settle for $5,000-$75,000. Moderate injuries including broken bones and herniated discs requiring surgery range from $75,000-$200,000. Severe injuries such as traumatic brain injuries and spinal cord injuries range from $200,000-$1,000,000+. Catastrophic injuries involving permanent disability or disfigurement exceed $1,000,000. Specific injuries include whiplash ($10,000-$50,000), broken bones ($45,000-$92,000), and hit-and-run accidents ($10,000-$25,000). New York's median jury verdict is $287,628, significantly higher than the national median. No-fault settlements average around $29,524.

Your case value depends on injury-related factors including severity and permanence of injuries, required medical treatment, recovery duration, permanent disability or disfigurement, and impact on daily activities. Financial factors include total medical expenses (past and future), lost wages and diminished earning capacity, property damage, and insurance policy limits. Liability factors such as clear liability versus disputed fault, your percentage of comparative negligence, and number of parties involved also matter. Typical ranges include $10,000-$30,000 for minor accidents with minimal treatment, $50,000-$150,000 for moderate injuries requiring ongoing treatment, and $250,000-$1,000,000+ for severe injuries with permanent impact. An experienced attorney can provide detailed case valuation after reviewing your specific circumstances.

New York requires Uninsured Motorist (UM) coverage on all auto insurance policies. If the at-fault driver has no insurance, flees the scene (hit-and-run), or has insurance that denies coverage, your UM coverage will pay with a minimum of $25,000 per person/$50,000 per accident for bodily injury. UM covers medical expenses, lost wages, and pain and suffering if you meet the serious injury threshold, but does not cover property damage. Additional options include optional Underinsured Motorist (UIM) coverage and the Motor Vehicle Accident Indemnification Corporation (MVAIC) for those without auto insurance. Report the accident to police immediately, notify your insurance company promptly, and file your UM/UIM claim within policy deadlines.

Ask about their experience: How many car accident cases have they handled in New York? What percentage of their practice is personal injury? Have they handled cases with injuries similar to yours? Regarding case management, ask who will personally handle your case and how often they'll communicate with you. Inquire about their resources, including access to accident reconstruction experts and ability to advance litigation costs. Ask about their track record, success rate, average settlements, and trial experience. Discuss fees and costs, confirming they work on contingency and clarifying what percentage they charge. Finally, ask about timeline expectations, potential challenges, and your role in the case.

Yes, in most cases. New York's no-fault system, serious injury threshold, and comparative negligence rules are complicated, and mistakes can cost you significant compensation. Insurance companies use tactics to minimize payouts, deny claims, or shift blame. An attorney protects your interests and negotiates from strength. Studies show represented injury victims receive significantly higher settlements than unrepresented victims, even after attorney fees. Your attorney manages all forms, deadlines, and court procedures, coordinates medical documentation and expert testimony needed to prove serious injury, and handles insurance negotiations while you focus on recovery. Most attorneys work on contingency fee arrangements, so you pay nothing upfront.

Hire an attorney immediately if you suffered injuries, especially those potentially meeting the serious injury threshold. Other situations requiring immediate legal help include disputed or unclear fault, accidents involving government vehicles (90-day deadline), uninsured drivers or hit-and-run accidents, insurance companies delaying or denying claims, significant medical bills or missed work, multiple parties involved, or a family member's death in the accident. Consider hiring an attorney even for minor accidents if you want fair compensation, are unsure how to navigate no-fault claims, or the insurance company is pressuring you to accept a quick settlement. Most attorneys offer free case evaluations, so there's no risk in discussing your case.

Nothing upfront. Reputable New York car accident lawyers work on a contingency fee basis, meaning you pay no retainer fees or hourly charges. You pay nothing unless you win your case. The attorney receives a percentage of your settlement or verdict, typically 33-40%. Case expenses like filing fees, expert witnesses, and investigations are advanced by the firm and repaid from your recovery. Most firms offer free initial consultations to evaluate your case. Typical fee structures include 33% if the case settles before a lawsuit is filed and 40% if it goes to trial or requires extensive litigation. This arrangement ensures all accident victims can access quality legal representation regardless of financial circumstances.

While not legally required, having a lawyer is highly advisable. Insurance adjusters are trained to minimize payouts, while an attorney knows your case's true value and negotiates from strength. Without legal knowledge, you might accept settlements that are too low, miss the serious injury threshold requirement, fail to file no-fault claims within 30 days, miss the 90-day deadline for government claims, or say something harming your case. Complex cases involving serious injuries, disputed liability, or government involvement make self-representation extremely risky. Studies consistently show represented accident victims receive higher net compensation (after attorney fees) than those settling directly with insurers. With contingency fee arrangements, you pay nothing unless you win, making legal representation accessible to everyone.