Accidents happen every day in New York, but each victim has a story. When accidents cause serious injuries, your story might include surgery, lengthy stays in the hospital, and weeks or months out of work. Car accidents cause serious financial stress, and many victims have no idea where to turn.
Poltielov Law Firm P.C. makes it our business to help accident victims like you through the personal injury claims process. Contact our New York car accident attorney to set up a time to meet and go over the facts of your accident. You can get the justice you deserve.
What Causes New York Car Accidents?
Accidents are usually the fault of a negligent or dangerous driver who make some mistake behind the wheel:
- Running a red light
- Speeding
- Failing to yield
- Tailgating
- Driving while distracted
- Texting and driving
- Drunk driving
- Fatigue
Regardless of what caused your accident, you should consult a New York car accident lawyer to check about your legal rights.
Understanding Your Rights After a Car Accident in New York City
When you’ve been hurt in a car crash, knowing what steps to take can make a big difference in your recovery. A New York City car accident lawyer helps protect your rights from the moment the accident happens. Injury victims often feel overwhelmed by medical bills, dealing with insurance company representatives, and trying to heal at the same time.
The hours and days following a motor vehicle accident are important for building your case. Gathering evidence from the accident scene, getting medical attention right away, and documenting everything helps strengthen car accident claims. An experienced car accident lawyer knows what evidence matters most when seeking fair compensation.
Many people don’t realize how much their car accident case is actually worth. Car accident injuries can affect your life for months or even years. The costs go far beyond immediate medical expenses to include future treatments, therapy, and time away from your job.
Receiving Compensation After a Car Accident
New York requires that motorists purchase personal injury protection insurance, called PIP. To register your vehicle, you should have a policy with at least $50,000 in benefits. Because PIP is no-fault insurance, drivers usually tap these benefits first to cover their medical care.
If you have a serious injury, you might consider making a claim on the at-fault driver’s liability insurance coverage. We have sought damages for:
- Past and future medical care
- Past and future lost income and benefits
- Property damage
- Pain and suffering
The amount of compensation will depend on your injuries and economic losses, as well as the amount of insurance held by the at-fault driver. Many clients with fractures, head injuries, back injuries, and paralysis receive considerable compensation. Even relatively “minor” injuries are worth more than you probably imagine.
Car Accident Cases: What to Expect During the Legal Process
Car accident cases in New York City follow a specific process. Your car accident lawyer will first investigate what happened by reviewing the police report, talking to witnesses, and examining photos from the scene. This investigation helps establish who was at fault and how the accident occurred.
After gathering evidence, your accident attorney will calculate the full value of your losses. This includes current medical bills, future treatment costs, lost wages from missing work, and compensation for your pain. Insurance companies often try to settle quickly for less than what car accident victims deserve.
Many car accident claims settle without going to court. Your lawyer negotiates with the insurance company to reach a fair settlement that covers all your damages. If the insurance provider refuses to offer reasonable compensation, filing a car accident lawsuit may become the next step.
Types of Injuries in New York Car Accidents
Motor vehicle accidents cause many different types of harm to the human body. Some injuries appear right away, while others develop over time. Getting checked by a doctor after any car crash is important, even if you feel fine initially.
Common injuries from car accidents include:
- Traumatic brain injury happens when your head hits something during the crash or when your brain moves inside your skull. These injuries range from mild concussions to severe injuries that change your life forever. Symptoms might not show up until days after the accident.
- Spinal cord injuries can cause partial or complete paralysis. Even minor damage to the spine can lead to chronic pain and limited movement. These count among the most serious catastrophic injuries because they often require lifelong care.
- Broken bones and fractures are common in car collisions. Arms, legs, ribs, and collarbones often break during impacts. While some fractures heal within weeks, others need surgery and months of recovery.
How No-Fault Insurance Works in New York
New York’s no-fault insurance system works differently than other states. After a car accident, you first file a claim with your own auto insurance company regardless of who caused the crash. Your PIP coverage pays for medical expenses and a portion of your lost wages up to the policy limits.
This system helps car accident victims get quick payment for immediate needs. You don’t have to wait for the insurance company to decide who was at fault. However, no-fault insurance has limits on what it covers.
You can step outside the no-fault system and file a claim against the other driver if you meet certain conditions. New York law says you must have a “serious injury” to sue the at-fault driver. This includes broken bones, permanent disability, significant disfigurement, or death.
What Does No-Fault Insurance Affect in Your Case?
No-fault insurance affects how much you can recover compensation in several ways. First, it requires you to use your own coverage for initial medical bills and some wage replacement. Second, it sets a threshold for when you can pursue additional damages from the responsible driver.
If your injuries meet the serious injury threshold, you can file a claim for pain and suffering, full lost wages, and other damages not covered by PIP. An NYC car accident lawyer reviews your medical records to determine if your injuries qualify.
The no-fault system also impacts how quickly you receive money for treatment. PIP benefits usually pay faster than waiting for a settlement from the other driver’s insurance company. This helps you focus on healing instead of worrying about bills.
Why You Need an Experienced Car Accident Lawyer for Your Case
Going through a personal injury lawsuit without legal help puts you at a disadvantage. Insurance companies have teams of lawyers working to pay as little as possible. A New York City car accident lawyer levels the playing field.
Personal injury lawyers understand the tactics insurers use to deny or reduce claims. They know how to counter these strategies and fight for maximum compensation. Your lawyer handles all communication with the insurance company, so you don’t say something that hurts your case.
An NYC personal injury attorney also knows how to value car accident cases accurately. They work with medical experts, economists, and other professionals to calculate what your case is truly worth. This prevents you from accepting a settlement that falls short of covering your actual losses.
Car Accident Laws in New York State
Certain car accident laws apply to New York car accidents, and your attorney should be aware of them to use them to your advantage.
One is comparative negligence. You might also have been careless behind the wheel, which means you bear some responsibility for the wreck. For example, you could have been checking your phone and taken your eyes off the road when a driver T-boned you. The other driver can reduce the amount of compensation they pay by proving you are partially to blame.
Another law is the statute of limitation, which provides the maximum amount of time to sue for a personal injury. Generally, a victim gets only three years to file a lawsuit, and the clock begins the day of your accident.
New York also requires that anyone involved in a crash report the accident to the state if someone was hurt or killed, or a motorist suffered more than $1,000 in property damage. If you fail to report the accident, you could face penalties such as a license suspension.
Common Causes of Car Crashes in New York City
Distracted driving ranks among the top causes of accidents involving motor vehicles in New York City. Drivers who text, eat, adjust the radio, or talk on their phones cause thousands of crashes each year. Taking your eyes off the road for even a few seconds can lead to a serious accident.
Speeding accidents happen frequently on New York City streets and highways. Drivers who exceed the speed limit have less time to react to hazards. Higher speeds also increase the force of impact, leading to more severe injuries and damage.
Drunk and impaired driving remains a major problem. Alcohol and drugs slow reaction time, impair judgment, and reduce coordination. Car accidents caused by impaired drivers often result in catastrophic injuries or death.
What to Do Immediately After a Car Accident
Your actions right after a car crash can affect your ability to recover compensation later. First, check yourself and others for injuries. Call 911 if anyone needs medical attention. Even if you feel okay, seeing a doctor within 24 hours documents any hidden injuries.
Stay at the accident scene until the police arrive. Leaving before speaking with officers can result in charges. The police report becomes important evidence for your claim. Give the officer accurate information about what happened.
Exchange information with the other driver, including names, phone numbers, insurance details, and license plate numbers. Take photos of vehicle damage, the road conditions, traffic signs, and any visible injuries. These photos help your car accident attorney build your case.
How an Insurance Company Handles Car Accident Claims
Insurance companies are businesses focused on protecting their profits. After a car accident, the other driver’s insurer may contact you quickly. They might seem friendly and helpful, but remember, they want to pay you as little as possible.
The insurance company may ask you to give a recorded statement about the accident. What you say can be used to reduce or deny your claim. Speaking with a New York City car accident lawyer before giving any statements protects your rights.
Insurers often make quick settlement offers before you know the full extent of your injuries. These early offers rarely cover all your medical expenses, lost wages, and other damages. An experienced attorney knows when an offer is too low and when to negotiate for more.
Understanding Medical Expenses in Car Accident Cases
Medical bills from a car accident can pile up fast. Emergency room visits, ambulance rides, surgery, hospital stays, and follow-up appointments all cost money. Your car accident case worth includes reimbursement for these expenses.
Future medical costs matter too. Many serious injuries require ongoing treatment, physical therapy, or additional surgeries. A personal injury lawyer works with medical experts to estimate these future costs and include them in your claim.
Keep detailed records of all medical treatments. Save bills, receipts, prescription records, and notes from doctor visits. This documentation proves the connection between the accident and your injuries. It also helps calculate fair compensation for your medical expenses.
Lost Wages and Loss of Earning Capacity
Missing work because of a car accident creates financial hardship. You deserve compensation for wages lost while recovering from your injuries. This includes salary, hourly pay, bonuses, commissions, and benefits you would have earned.
Some car accident injuries prevent you from returning to your old job. If you can’t perform the same work as before, you may have a claim for loss of earning capacity. This compensates you for the difference between what you used to earn and what you can earn now.
Self-employed people and business owners can also claim lost wages. Your car accident lawyer uses tax returns, bank statements, and business records to prove your income loss. Even if you don’t receive a traditional paycheck, you can still recover compensation for time away from work.
Property Damage Claims After a Motor Vehicle Accident
Your vehicle damage is separate from your injury claim. The at-fault driver’s insurance should pay to repair or replace your car. Get estimates from reputable repair shops to document the cost of fixing your vehicle.
If your car is totaled, the insurance company owes you the actual cash value of the vehicle before the accident. This amount should be enough to replace your car with a similar one. Don’t accept the first offer if it seems too low.
You can also claim compensation for damaged personal items in your car. Phones, laptops, clothing, car seats, and other belongings destroyed in the crash should be included in your property damage claim.
Uninsured Motorist Insurance and Uninsured Motorist Coverage
Not every driver carries enough insurance to cover the damage they cause. Some drivers have no insurance at all. Uninsured motorist insurance protects you when the at-fault driver can’t pay for your injuries.
This coverage is part of your own auto insurance policy. It works like the other driver’s liability insurance would if they had it. Your uninsured motorist coverage pays for medical bills, lost wages, pain and suffering, and other damages.
Underinsured motorist coverage helps when the other driver has some insurance, but not enough. If their policy limits are too low to cover your injuries fully, your underinsured coverage makes up the difference. A car accident attorney helps you file these claims correctly.
Commercial Vehicle Accidents in New York City
Accidents involving trucks, buses, delivery vans, and other commercial vehicles often cause more serious injuries than regular car crashes. These large vehicles weigh more and create greater impact forces. Injury victims in these accidents may face longer recoveries.
Commercial vehicle accidents also involve different legal rules. The company that owns the vehicle might be responsible for the driver’s actions. This can mean more insurance coverage is available to compensate injured parties.
These cases become complex quickly. Companies and their insurers fight hard to avoid paying large claims. You need an accident attorney who has handled commercial vehicle cases and knows how to investigate them properly.
How to Choose the Right Personal Injury Law Firm
Finding the right law firm to handle your car accident case matters. Look for experienced attorneys who focus on personal injury litigation. A New York City law firm that regularly handles auto accident cases knows the local courts and judges.
Check the law office’s track record with cases similar to yours. Ask about recent settlements and verdicts in car crash cases. A personal injury attorney should be able to discuss their success helping other accident victims.
Meet with the lawyer before hiring them. Most personal injury lawyers offer a free consultation to review your case. This meeting lets you ask questions and decide if the attorney is right for you. Pay attention to how well they listen and explain things.
Free Case Evaluation: What Happens During Your First Meeting
A free case evaluation gives you a chance to learn about your legal options without any cost or commitment. During this meeting, your car accident lawyer will ask about how the accident happened, your injuries, and the medical treatment you’ve received.
Bring any documents you have to the meeting. This includes the police report, medical records, photos from the accident scene, and correspondence from the insurance company. These materials help the attorney understand your situation better.
The lawyer will explain what they think your case is worth and how they can help. They should discuss their fees, which for personal injury cases are usually based on a percentage of what you recover. You only pay if they win compensation for you.
How Personal Injury Attorneys Calculate Maximum Compensation
Determining maximum compensation requires adding up all your losses from the accident. Economic damages include medical expenses, lost wages, and property damage. These have specific dollar amounts you can prove with bills and receipts.
Non-economic damages cover pain, suffering, emotional distress, and loss of enjoyment of life. These are harder to calculate but often make up a large part of your recovery. Your lawyer considers how much the injuries have affected your daily life and relationships.
In some traffic accidents, punitive damages may apply. These punish especially reckless behavior like drunk driving or extreme speeding. New York State allows punitive damages in certain situations where the at-fault driver’s conduct was particularly bad.
Common Questions About New York City Car Accident Cases
How long does a car accident lawsuit take in New York?
Most car accident cases settle within several months to a year. More complex cases involving severe injuries or disputes about fault can take longer. Your personal injury attorney can give you a better timeline after reviewing the details of your accident. Going to trial adds more time but may result in higher compensation if settlement talks fail.
What if I was partly at fault for the car crash?
New York uses comparative negligence rules. You can still recover compensation even if you share some blame for the accident. However, your payment will be reduced by your percentage of fault. If you were 20% responsible and your damages total $100,000, you would receive $80,000. An experienced car accident lawyer works to minimize your share of fault.
Can I still file a claim if I didn’t get a police report?
While a police report helps your case, you can still pursue a claim without one. Other evidence, like witness statements, photos, medical records, and repair estimates, can support your claim. However, getting a report when possible makes proving your case easier. Your NYC car accident lawyer can work with whatever evidence is available.
How much does hiring a car accident attorney cost?
Most personal injury lawyers work on contingency. This means they don’t get paid unless you win. The lawyer’s fee comes from a percentage of your settlement or verdict, typically between 33% and 40%. You don’t pay anything upfront for a free consultation or while the lawyer works on your case.
What types of damages can I claim after a motor vehicle accident?
You can seek compensation for medical bills, future medical care, lost wages, reduced earning ability, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. If your injuries are permanent, you can also claim for future impacts on your quality of life. A personal injury law firm helps identify all possible damages in your case.
Does no-fault insurance cover all my injuries from the car accident?
No-fault insurance covers basic economic losses up to your policy limit, usually $50,000. This includes medical expenses and partial wage replacement. It does not cover pain and suffering or full lost wages. If you have a serious injury as defined by New York law, you can pursue additional compensation from the at-fault driver’s insurance.
What counts as a serious injury under New York law?
New York defines serious injury as death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body organ or function, permanent limitation of use of a body part, or significant limitation of a body function for at least 90 days. Your doctor’s records must support that your injury meets these criteria to step outside the no-fault system.
How long do I have to file a personal injury lawsuit after a car accident?
The statute of limitations for car accident cases in New York is generally three years from the date of the accident. If you don’t file within this time, you lose your right to sue. Some exceptions exist, so talking to a car accident lawyer soon after your accident ensures you don’t miss important deadlines.
What should I do if the insurance company denies my claim?
If your claim is denied, don’t give up. An accident attorney can review the denial letter and determine if the insurance company had valid reasons. Often, denials happen because of missing information or the insurer’s interpretation of policy language. Your lawyer can appeal the denial or file a lawsuit to pursue your compensation through the courts.
Can I handle my car accident claim without a lawyer?
While you can represent yourself, having a New York City car accident lawyer improves your chances of getting fair compensation. Insurance companies take claims more seriously when lawyers are involved. An experienced attorney knows the value of your case and how to negotiate effectively. Most people who hire lawyers receive more money even after paying legal fees.
Contact Our New York Car Accident Lawyer Today
Auto accidents are disruptive events, but we know how to hold another driver legally responsible. Contact us today to set up your free case evaluation, or call us now at 718-880-2911. Our law firm has helped countless New York City car accident victims recover compensation for their injuries and losses. Let us put our experience to work for you and fight for the fair settlement you deserve.