Car accident claims in New York
A crash can leave you with injuries, a wrecked car, and bills that start arriving before you have any answers. We represent people injured in collisions across the five boroughs and Long Island: rear-end and intersection crashes, highway collisions, rideshare, hit-and-run, and crashes with uninsured or underinsured drivers.
How New York's no-fault system affects your claim
New York is a no-fault state. Your own insurance generally pays your medical bills and a portion of lost earnings regardless of who caused the crash, up to your policy's basic limits. That part is not a lawsuit, it is a claim, and the deadlines are short.
No-fault does not cover pain and suffering. To bring that claim against the driver who hurt you, New York generally requires that your injury meet the “serious injury” threshold defined in Insurance Law §5102(d). That definition includes categories such as a fracture, significant disfigurement, permanent loss of use of a body organ or member, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system. New York has since removed the former “90/180-day” category, so a temporary inability to perform your usual activities no longer qualifies on its own, and the threshold turns on objective medical evidence of a permanent or significant injury. That change applies to actions commenced on or after May 26, 2026, which is a question of when a case is filed rather than when the accident happened. An older accident that has not yet been filed is affected by it.
Whether an injury meets that threshold is one of the most contested issues in New York auto litigation. It usually turns on the medical record, which is why what you do in the first weeks matters.
What we do
We collect the police report, the vehicle data, and the medical records, and we deal with the insurers so you are not doing it while you are hurt. We look for every source of coverage, including underinsured motorist coverage on your own policy, which people often do not realize they have.
Deadlines
Most personal injury actions in New York must be started within three years of the crash under CPLR 214. Shorter deadlines can apply, including a 90-day notice of claim requirement when a city, transit authority, or other public entity is involved. No-fault applications have their own much shorter deadlines. If time has already passed, call anyway, because the answer depends on the specific facts.
Queens-specific pages
If your case arises in Queens, these pages cover the same claim with Queens courts, roads and agencies in mind: Queens car accident lawyer, Queens motorcycle accident lawyer, Queens pedestrian accident lawyer.
Frequently asked questions
How long do I have to file a car accident claim in New York?
Most car accident lawsuits in New York must be started within three years of the crash under CPLR 214. Shorter deadlines apply when a public entity such as the City or a transit authority is involved, where a notice of claim is generally due within 90 days, and no-fault benefit applications have their own much shorter deadlines.
What is New York's serious injury threshold?
New York is a no-fault state, and to sue for pain and suffering your injury must meet the serious injury threshold in Insurance Law §5102(d), such as a fracture, significant disfigurement, or a permanent or significant limitation. The former 90/180-day category was removed for actions commenced on or after May 26, 2026, so the threshold turns on objective medical evidence. That date is about when a case is filed, not when the accident happened.
What does it cost to hire a car accident lawyer?
Nothing upfront. Consultations are free and car accident cases are handled on a contingency basis, so there is no fee unless the firm recovers compensation for you.
