Suffering injuries or losing a family member in a car accident caused by another driver in New York City brings a level of pain that feels almost unbearable. The unanswered questions and the sudden financial strain can leave families unsure of where to turn.
Having a NYC car accident lawyer by your side means you don’t have to shoulder the legal burden on your own. The right attorney will handle the claims process, press insurance companies for accountability, and pursue every available option for financial recovery.
The Perecman Firm has supported families through some of the most difficult times of their lives. We know the law, we know New York City’s roads, and we know how to stand up to insurance carriers that try to avoid responsibility. If you were hurt or lost someone close to you in a crash, our team is ready to talk with you. Contact us today for a free consultation.
Key Takeaways About Car Accident Injury Claims in NYC
- New York's no-fault insurance system requires your own insurance to cover medical expenses and lost wages up to $50,000, regardless of who caused the accident
- You can only sue the at-fault driver for pain and suffering if you meet New York's "serious injury threshold" under Insurance Law Section 5102(d)
- New York follows pure comparative negligence rules, meaning you can recover damages even if you were partially at fault for the accident
- The statute of limitations for car accident lawsuits in New York is three years from the date of the accident
- Uninsured motorist coverage is mandatory in New York, providing protection when the at-fault driver lacks adequate insurance
What Makes New York Car Accident Cases Unique?
Car accident cases in New York City differ from many other states. Insurance laws, liability rules, and local traffic conditions all play a part in shaping how claims move forward.
New York's No-Fault Insurance System
New York’s no-fault system requires every driver to first turn to their own insurance for medical bills and lost wages, regardless of who caused the accident. This coverage usually extends up to $50,000. However, it doesn’t cover pain and suffering.
The Serious Injury Threshold Requirement
To bring a claim for pain and suffering, you must meet the “serious injury threshold” under New York Insurance Law Section 5102(d). This law defines serious injury as conditions such as significant disfigurement, permanent loss of body function, or fractures.
Pure Comparative Negligence Laws
New York follows pure comparative negligence, which means even if you were partly responsible for the accident, you may still recover damages. However, your recovery will be reduced by your percentage of fault.
What Types of Car Accidents Are Most Common in NYC?
New York City’s dense traffic, constant construction, and heavy pedestrian presence create unique risks.
Intersection Collisions
Crowded intersections in places like Times Square often see accidents caused by drivers running red lights or failing to yield.
Rear-End Accidents in Heavy Traffic
Stop-and-go traffic on the Brooklyn-Queens Expressway frequently leads to rear-end collisions.
Pedestrian and Cyclist Accidents
Busy areas like Astoria in Queens see higher rates of accidents involving pedestrians and cyclists.
Construction Zone Accidents
Work zones near bridges such as the George Washington Bridge create hazards where sudden lane shifts or reduced space can cause crashes.
When Can You Sue After a Car Accident in New York?
While no-fault insurance covers initial expenses, certain situations allow you to take legal action against the at-fault party. Knowing when a lawsuit is permitted helps families decide how to move forward after serious injuries.
Meeting the Serious Injury Threshold
You can pursue a lawsuit if your injuries meet the statutory definition of serious, such as a broken bone or permanent limitation. Courts examine medical records closely, so documentation becomes central to proving eligibility to step outside the no-fault system.
Exceeding No-Fault Benefits Limits
When medical bills and lost wages go beyond $50,000, you can seek damages from the at-fault driver. For example, long hospital stays, repeated surgeries, and months of missed work can quickly exhaust no-fault benefits. Many accident victims discover that their bills exceed coverage even before they are fully recovered.
Third-Party Liability Claims
If a third party, such as a construction company or vehicle manufacturer, played a role in the accident, you may bring claims against them. For instance, defective brakes or poor road design could support additional claims. These cases often require detailed investigation to connect the negligence of a company or entity to the crash.
What Damages Can You Recover in a NYC Car Accident Case?
Car accident damages in New York include several categories, depending on the nature of your losses. A strong claim accounts for both immediate expenses and the long-term impact an accident may have on your life.
Economic Damages Under No-Fault
These include medical expenses, rehabilitation costs, and lost wages covered under your policy. Medical expenses may involve emergency care at hospitals like Bellevue, follow-up appointments with specialists, and physical therapy sessions. Lost wages are also covered, although the benefit is capped and may not replace your full income.
Pain and Suffering Compensation
If your injuries meet the serious injury threshold, you can pursue damages for physical pain and long-term impact on daily life. Pain and suffering accounts for how injuries affect sleep, mobility, relationships, and enjoyment of life. For example, someone who loved running in Central Park but now walks with a cane may recover damages for the loss of that activity. Courts recognize that injuries affect more than finances; they alter how a person lives.
Lost Future Earnings
Serious injuries may affect your ability to work in the future, and you can claim the value of income you will likely miss. Lost earning capacity claims consider your age, work history, and career path. For instance, a construction worker injured in a collision on the FDR Drive may no longer handle the physical demands of the job, even if they eventually recover enough for lighter work. Economists or vocational experts often testify to explain how much income a person would have earned over their lifetime.
Property Damage Claims
You can recover the costs of repairing or replacing your vehicle or personal property damaged in the crash. Property damage extends beyond cars; it can include laptops, bicycles, car seats, and other personal items destroyed during the accident. Insurance companies sometimes undervalue property damage, making documentation like receipts and photos essential.
How Does New York's Comparative Negligence Law Affect Your Case?
Comparative negligence rules directly affect your final recovery.
Understanding Fault Percentages
If you are found 30 percent at fault for an accident on Madison Avenue, your compensation is reduced by 30 percent.
Impact on Settlement Amounts
Insurance companies often try to assign higher fault percentages to reduce what they must pay.
Defending Against Comparative Negligence Claims
Your personal injury attorney can use evidence, such as surveillance footage or accident reconstruction, to challenge unfair blame.
What Should You Do Immediately After a Car Accident in NYC?
Taking the right steps after a car crash helps protect your health and strengthens your claim. Even small mistakes in the hours after a crash may affect how insurers handle your case later.
Required Reporting Under New York Law
State law requires you to report accidents that cause injury, death, or property damage above $1,000. You must notify the police and file a report with the Department of Motor Vehicles. Police reports provide an official record that insurers and courts review when determining liability.
Preserving Evidence at the Scene
If possible, take photos of the vehicles, the street signs, and any visible injuries. Gather witness names and contact information. In busy areas like Herald Square, witnesses may leave quickly, so gathering information on the spot becomes essential. The more documentation you have, the stronger your claim against the at-fault party.
Seeking Medical Attention and Documentation
Get medical care immediately, even if you think you’re not badly hurt. Records from hospitals and doctors form a vital part of your claim. Delayed treatment may allow insurers to argue that your injuries were not related to the crash. Keeping a record of medical visits, prescriptions, and therapy sessions demonstrates the full scope of your injuries.
How Our Attorneys Can Help
The Perecman Firm has decades of experience handling car accident claims in New York City. We focus on protecting families and securing accountability from those at fault.
Navigating New York's No-Fault System
We help clients submit no-fault applications correctly and on time, reducing delays in benefits. Many claims are denied for missing paperwork or late filings, and we make sure your application is complete.
Proving Serious Injury Threshold
We gather medical records, expert opinions, and witness testimony to prove your injuries meet the legal definition of serious. Clear documentation helps prevent insurers from minimizing the impact of your condition.
Maximizing Insurance Coverage
We review all available insurance policies, including your uninsured motorist coverage, to pursue every possible source of recovery. Many people don’t realize they may access multiple policies after a crash.
Investigating Accident Circumstances
Our team analyzes accident reports, traffic camera footage, and witness accounts to build a strong case. In some cases, we hire accident reconstruction experts to model how the crash occurred.
Negotiating with Insurance Companies
We deal directly with insurers that often attempt to underpay claims. If they refuse to act fairly, we press forward with legal action. Insurance carriers know which firms prepare every case as if it will go to trial, and that preparation can influence negotiations.
Litigating Complex Cases in New York Courts
We are fully prepared to bring your case before a judge or jury when insurance companies fail to resolve matters fairly. Our trial experience sends a message that we won’t accept inadequate offers.
Commitment to You and Your Family
We stand with you from the first call to the final resolution. Our approach is personal, dedicated, and relentless in seeking justice.
Here’s how we view our role:
- Client-focused care: We protect our clients with the same dedication we would give our own families.
- Persistent effort: We don’t back down, no matter how long or difficult the case. We review every detail and strengthen every part of the claim.
- Unyielding preparation: We investigate thoroughly, gather evidence, and build the strongest possible case.
Frequently Asked Questions About NYC Car Accident Claims
Do I need to report my car accident to the police in New York?
Yes. New York law requires you to report accidents that involve injury, death, or significant property damage. Always contact law enforcement and file a report.
How long do I have to file a lawsuit after a car accident in NYC?
You generally have three years from the date of the accident to file a lawsuit. Wrongful death cases must be filed within two years.
Can I sue if I was partially at fault for the accident?
Yes. Under pure comparative negligence, you may recover damages even if you share some responsibility, though your recovery is reduced based on your percentage of fault.
What if the other driver doesn't have insurance?
New York requires uninsured motorist coverage. This allows you to make a claim through your own policy if the other driver lacks insurance.
Will my insurance rates go up if I file a no-fault claim?
Insurance rates can rise for many reasons, but New York law prohibits companies from raising rates solely because you filed a no-fault claim after an accident.
Contact Our Car Crash Accident Attorneys in NYC Now
Deadlines move quickly after a car accident. Evidence can disappear, witnesses’ memories fade, and legal timelines run out. Acting promptly protects your rights and strengthens your case.
The Perecman Firm has represented New Yorkers for decades, handling car accident claims with care and determination. We know the law, we know the city, and we know how to press insurers and at-fault drivers for accountability.
If you or someone you love suffered injuries in a car crash, don’t wait. Call us at (212) 977-7033 for a free consultation. We’ll review your case, answer your questions, and explain the next steps forward.