1. What should I do immediately after being in a car accident in New York?

Make sure everyone is safe.  Call 911 if there are injuries.  Get medical help even if injuries seem minor. Exchange information with the other driver(s), collect witness contacts, take photos of damage/injuries/scene, report it to your insurance company, and preserve any evidence (e.g. vehicle damage reports). Then talk to a personal injury lawyer to protect your legal rights.

 

2. How long do I have to file a lawsuit after a car accident in NY?

Generally, you have 3 years from the date of the accident to file a personal injury lawsuit.  If a government agency is involved (e.g. city vehicle, public road issue), there are shorter deadlines and notice requirements. Also, if suing for property damage, similar timelines apply.

 

3. What is New York’s no‑fault insurance, and how does it affect my car accident
case?

New York has a no‑fault insurance system, which means your own car insurance policy (Personal Injury Protection / PIP) may cover your medical bills and some lost wages regardless of who caused the crash. But to recover additional damages beyond what no‑fault covers (pain and suffering, loss of enjoyment of life), you need to demonstrate that you've suffered a "serious injury" within the meaning of the law.  

 

4. What qualifies as a “serious injury” in New York car accident law?

Under NY Insurance Law §5102(d), certain injuries are defined as “serious” for purposes of recovering non‑economic damages (pain & suffering, etc.). These include death, dismemberment, significant disfigurement,  a fracture, loss of a fetus, permanent loss of a body organ, a permanent consequential limitation of use of a body organ or member, or a significant limitation of use of a body function or system.  

 

5. Will I still get compensation if I was partially at fault in the crash?

Yes. New York follows a pure comparative negligence rule. That means even if you were partly responsible, you can recover damages, but your award will be reduced proportionally by your percentage of fault.

 

6. What kind of damages can I get in a car accident case?

You can typically seek economic damages (medical expenses, future medical care, lost income/wages, property damage), and non‑economic damages (pain and suffering, loss of enjoyment of life).  

 

7. How much does it cost to hire a lawyer for a car accident case in New York?

Most car accident/tort attorneys work on a contingency fee basis: you’ll pay nothing up front; the lawyer gets a percentage of what you recover (through settlement or verdict). If there’s no recovery, usually you owe little or nothing. Be sure to ask about other costs (experts, medical records) and who advances them.

 

8. How long will my car accident case take to resolve?

It depends: the complexity of liability, the nature and extent of your medical treatment, whether there's motion practice or an appeal, and whether your case goes to trial.  Many cases settle in 12-18 months.  Cases that go to trial, however, can take years to resolve.  

 

9. What evidence is important in a car accident case?

Police reports, photos of the accident scene and the vehicles involved, medical records, witness statements, and video or dashcam footage.  It's important to preserve such evidence before it disappears.  

 

10. What if the other driver doesn’t have insurance or is underinsured?

If you own a motor vehicle, you can file a claim with your own insurance company for underinsured motorist (UM) benefits.  If you do not own a motor vehicle or live in a household with someone who owns a motor vehicle, you can file a claim with the Motor Vehicle Accident Indemnification Corporation, New York State's insurer-of-last-resort.  

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