Queens Car Accident Lawyer

Hurt in a Car Crash in Queens? Contact Our Queens Car Accident Attorney Today for a Free Case Review

At Poltielov Law Firm P.C., our Queens auto accident lawyer has the knowledge, skills, and legal experience that you can trust. Navigating New York’s car accident laws can be challenging. You need a top-tier attorney on your side. Our team knows how to hold large insurance companies accountable. If you or your loved one was hurt in a traffic collision, we are here to help. Contact us at our Queens law office today for a free consultation with a top-tier New York car accident lawyer. 

An Overview of New York’s No-Fault Rules for Car Accident Claims

Our state has unique car accident laws. New York follows a “no-fault” insurance system for car accident claims. Simply stated, that means your own insurance company pays for your medical expenses and certain other financial losses after a crash—no matter who caused the accident. 

Your no-fault coverage is known as Personal Injury Protection (PIP). It applies to drivers, passengers, pedestrians, and bicyclists injured in a motor vehicle accident. Under New York’s no-fault rules, you typically cannot sue the at-fault driver for basic economic losses such as medical bills or lost wages unless your damages exceed the limits of your PIP coverage. 

Understanding how New York’s no-fault system works is important for anyone involved in a car accident in Queens. This system was designed to reduce litigation and speed up compensation for accident victims. However, it also means that insurance adjusters may try to minimize your claim or deny coverage for treatments they consider unnecessary.

When You Can Step Outside the No-Fault System in New York

You have the right to file a fault-based car accident lawsuit in Queens if you suffered a serious injury in a motor vehicle crash. To do so, your injuries must meet the state’s “serious injury” threshold as defined under Insurance Law § 5102(d). Some qualifying injuries include: 

• Significant disfigurement; 
• Bone fractures; 
• Permanent limitation of a body organ or member; and/or 
• A medically determined injury that prevents you from performing usual daily activities for at least 90 of the 180 days following the accident. 

If your injuries meet this threshold, you have to pursue damages for pain and suffering and other non-economic losses through a fault-based claim against a negligent defendant. Our Queens, NY car accident lawyer can help you build a strong, well-supported fault-based claim. 

Meeting the serious injury thresholds allows you to step outside the no-fault insurance limitations and pursue compensation for non-economic damages. These serious injury thresholds include catastrophic injuries such as spinal cord injuries, traumatic brain injuries, and severe injuries that result in permanent disability. A Queens car accident attorney can review your medical records and help determine whether your injuries qualify under New York law.

Common Types of Car Accident Injuries in Queens

Car accident injuries range from minor to life-changing. Understanding common car accident injuries helps accident victims recognize when they need legal representation. Some of the most car accidents result in soft tissue injuries, which may seem minor at first but can lead to chronic pain.

Other painful injuries include internal injuries that may not show symptoms immediately. Traumatic brain injuries can occur even in low-speed car crashes when the head strikes a surface or experiences sudden movement. Spinal cord injuries are among the most catastrophic injuries, often resulting in partial or complete paralysis.

Serious Injuries That Qualify for Lawsuit

Queens car accident victims who suffer severe injuries have the right to file a personal injury claim outside the no-fault system. Serious injuries often require extensive medical treatment, multiple surgeries, and long-term rehabilitation. Besides spinal cord injuries and traumatic brain injuries, serious injuries include amputations, severe burns, and injuries causing permanent disfigurement.

What Causes Most Car Accidents in Queens?

Understanding what leads to car accident cases helps prevent future collisions. Distracted driving has become one of the leading causes of car crashes in New York. This includes texting while driving, eating, adjusting the radio, or any activity that takes attention away from the road.

Reckless driving behaviors such as speeding, aggressive lane changes, and tailgating contribute to many car accident cases. Drunk driving and drugged driving remain serious problems that result in some of the most severe car accidents. Running red lights and stop signs, especially at busy Queens intersections, causes numerous motor vehicle accidents each year.

Other Common Causes

Weather conditions like rain, snow, and ice can make roads slippery and reduce visibility. Poor road maintenance, including potholes and unclear signage, also plays a role in motor vehicle accident cases. Additionally, bicycle accidents and pedestrian accidents occur when drivers fail to watch for vulnerable road users.

We Fight for Full and Fair Financial Compensation for Injured Victims

Through a car accident injury claim in Queens, you may be entitled to seek compensation for both economic losses and non-economic losses. However, you should not expect the insurance company to make the claims process easy. They fight hard to pay out less in settlement negotiations. Our Queens car accident attorney is prepared to help you fight for compensation for: 

• Vehicle repairs; 
• Ambulance costs; 
• Emergency room care; 
• Hospital bills; 
• Health care costs; 
• Physical therapy; 
• Loss of wages; 
• Diminished earnings; 
• Pain and suffering; 
• Mental distress; 
• Long-term disability; 
• Reduced quality of life; and
• Wrongful death. 

Securing maximum compensation requires a thorough understanding of both economic and non-economic damages. Property damage claims cover repairs or replacement of your vehicle and any personal items damaged in the crash. Medical expenses include not just immediate treatment but also future medical care, prescription medications, and assistive devices.

Lost wages extend beyond time missed from work immediately after the accident. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you may recover compensation for diminished future earnings. Emotional distress and emotional trauma are real consequences of car accidents that deserve fair compensation.

The Importance of Evidence in Car Accident Cases

Building strong car accident cases requires collecting and preserving evidence from the accident scene. Police reports provide an official account of what happened and often include the officer’s determination of fault. These reports are valuable when negotiating with insurance companies or presenting your case in court.

Witness statements from people who saw the accident can corroborate your version of events. Photographs and videos from the accident scene showing vehicle damage, road conditions, traffic signals, and injuries help establish liability. Medical records documenting your car accident injuries create a clear link between the crash and your damages.

Working with Your Legal Team to Gather Evidence

An experienced car accident lawyer knows how to gather evidence that strengthens your claim. This includes obtaining surveillance footage from nearby businesses or traffic cameras before it’s deleted. Your Queens car accident lawyer can also work with accident reconstruction experts who analyze the crash to determine how it occurred.

How Queens Auto Accident Lawyer R. Ariel Poltielov Can Help

The aftermath of a car accident in Queens can be stressful and overwhelming. It is normal to be filled with questions about what comes next. You do not have to take on the claims process alone. R. Ariel Poltielov is a Queens auto accident lawyer who has a proven record of case results. We hold big insurance companies accountable. When you contact us at our Queens law office, you will have a chance to connect directly with a New York car crash attorney who can: 

• Listen to your story and answer questions about your case; 
• Investigate your crash in Queens—gathering all relevant evidence; 
• Connect you with the right doctors and medical specialists;
• Handle settlement negotiations with the insurance company; and
• Take whatever legal action is needed to help you maximize your recovery.  

Our law firm provides comprehensive legal representation from your initial free consultation through the resolution of your case. We understand the legal process can seem complicated, which is why we guide clients through every step. Our auto accident attorneys have handled hundreds of car accident cases and know what it takes to achieve fair compensation.

We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. This allows accident victims to access quality legal representation regardless of their financial situation. Our personal injury lawyers dedicate themselves to pursuing maximum compensation for every client.

Our Approach to Car Accident Claims

When you choose our law firm, we immediately begin investigating your Queens car accident case. This includes visiting the accident scene, interviewing witnesses, and consulting with medical experts about your injuries. We handle all communication with insurance companies so you can focus on healing.

Our personal injury attorney will calculate the full value of your claim, including future damages you may not have considered. We prepare every case as if it will go to trial, which often leads insurance companies to offer a fair settlement. If they refuse to provide maximum compensation, we are ready to take your Queens car accident lawsuit to court.

Understanding Your Rights Under Personal Injury Law

New York law provides important protections for people injured in motor vehicle accidents. Personal injury law allows you to seek compensation when someone else’s carelessness causes you harm. In car accident cases, this typically means proving the other driver failed to exercise reasonable care behind the wheel.

Your rights under personal injury protection include receiving prompt payment for medical bills and lost wages up to your policy limits. Beyond no-fault insurance, you have the right to pursue compensation from the at-fault driver if your injuries meet serious injury thresholds. Personal injury lawyers help protect these rights when insurance companies try to deny or undervalue claims.

How Comparative Negligence Affects Your Claim

Even if you share some fault for the accident in Queens, you can still recover compensation under New York law. The pure comparative negligence rule means your compensation is reduced by your percentage of fault. For example, if you are found 15 percent responsible and your damages total $100,000, you would receive $85,000.

Why You Need a Lawyer for Your Car Accident Claim

Insurance companies employ teams of lawyers and adjusters trained to minimize payouts. Having your own accident lawyer levels the playing field and protects your interests. Many people underestimate their car accident case worth, accepting settlements that don’t cover their full damages.

A Queens car accident attorney knows how to value injury claims accurately, considering both current and future losses. Auto accident attorneys understand the tactics insurance companies use and how to counter them effectively. Legal representation significantly increases your chances of receiving a fair settlement or verdict.

The Value Our Injury Lawyers Bring

Our personal injury lawyers bring years of experience handling complex car accident cases. We know which experts to consult, what evidence to collect, and how to present your case persuasively. Our auto accident lawyer understands New York’s no-fault system and when cases qualify to step outside it.

We take time to understand how your car accident injuries have affected your life. This personal approach allows us to tell your story in a way that resonates with insurance companies and juries. Our injury lawyers fight to pursue compensation that truly reflects the impact of the accident on your life.

Auto Accident in Queens: Frequently Asked Questions (FAQs)

What Should I Do Immediately After a Car Accident in New York?

You should call 911 to report the crash and request medical help if anyone is injured. You should also exchange information with all drivers involved in the crash. Make sure you seek immediate medical attention for any injuries. Even if you feel fine, getting checked by a doctor is important because some car accident injuries have delayed symptoms. Take photos of the accident scene, including all vehicles involved, visible injuries, and road conditions. Get contact information from any witnesses who saw the motor vehicle accident occur.

How Long Do I Have to File a Car Accident Lawsuit in New York?

In most cases, you have three years from the date of the accident to file a personal injury lawsuit in New York. To be clear, that is the rule for fault-based car accident injury claims. You have less time to initiate a no-fault claim through your own PIP insurer. Do not wait to take action: Consult with a Queens car accident lawyer as soon as possible after a collision. The statute of limitations can be shorter in some situations, such as when suing a government entity. Missing the deadline means losing your right to pursue compensation permanently. Starting the legal process early also helps preserve evidence and strengthen your case.

Will My Medical Bills Be Covered After a Car Accident in New York?

Your initial medical bills will generally be covered by your own auto insurance policy under New York’s no-fault law. Coverage applies regardless of who caused the accident and includes necessary medical treatment, lost wages, and certain out-of-pocket costs. Notably, you must submit a no-fault application to your insurer within 30 days of the crash. Personal injury protection typically covers up to $50,000 in medical expenses and lost wages. If your treatment exceeds this amount, you may need to use your health insurance or pursue a personal injury claim. An accident attorney can help you understand your coverage options and pursue additional compensation when needed.

Note: If you have medical bills in excess of your PIP coverage, it is imperative that you speak to a Queens car accident lawyer right away. You may have a fault-based claim. 

Can I Still Recover Compensation if I Was Partially At Fault?

Yes. To start, you have the right to pursue no-fault benefits through your PIP carrier, no matter who caused the crash. Further, for fault-based claims, New York follows a pure comparative negligence rule. That means that you can recover compensation even if you were partially responsible for your crash. However, your recovery will be reduced by your percentage of fault. For example, if you were 20 percent at fault for an accident in Queens, you would be liable for 20 percent of your damages. Unlike some states that bar recovery if you are more than 50 percent at fault, New York allows recovery even if you are 99 percent responsible. Your car accident attorney will work to minimize your assigned fault percentage. This involves presenting evidence that shows the other party’s actions were the primary cause of the car crash.

How Much Is My Car Accident Case Worth?

Determining your car accident case’s worth depends on many factors unique to your situation. Economic damages include medical expenses, lost wages, property damage, and other financial losses you can document. Non-economic damages like pain, suffering, and emotional pain are more subjective but equally important. Factors that affect case value include the severity of your injuries, how they impact your daily life, and whether you will face long-term or permanent limitations. The amount of available insurance coverage and the strength of evidence proving fault also play roles. During your free consultation, a Queens car accident attorney can provide a more specific evaluation of your case.

What If the Other Driver Doesn’t Have Insurance?

Uninsured motorist coverage on your own policy can provide compensation when the at-fault driver has no insurance. This coverage works similarly to a liability claim against the other driver. If you don’t have uninsured motorist coverage, your options become more limited, but you may still pursue compensation directly from the at-fault driver. A car accident lawyer can help you explore all available sources of compensation. In some cases, other parties may share liability, such as an employer if the driver was working. Your attorney will investigate thoroughly to identify everyone who may be responsible for your car accident injuries.

How Long Does It Take to Resolve a Car Accident Claim?

The timeline for resolving car accident claims varies based on case complexity and the willingness of insurance companies to negotiate fairly. Simple cases with clear liability and minor injuries may settle in a few months. Complex cases involving serious injuries, disputed fault, or multiple parties can take a year or longer. Rushing to accept a quick settlement often results in inadequate compensation. Your accident lawyer will advise you on the right time to settle based on your medical treatment and prognosis. Some cases require filing a car accident lawsuit to pursue fair compensation, which extends the timeline but often results in better outcomes.

Do I Really Need a Lawyer for a Minor Car Accident?

Even seemingly minor car accidents can result in injuries that worsen over time. What feels like minor soreness today could develop into chronic pain requiring ongoing treatment. Consulting with an accident attorney costs nothing since most offer a free consultation, and their guidance can prevent costly mistakes. Insurance companies may pressure you to settle quickly before the full extent of your injuries becomes clear. A lawyer protects your rights and ensures you don’t accept less than what your claim is worth. For any accident in Queens involving injuries, property damage, or disputes about fault, legal representation provides valuable protection.

Contact Our Queens Car Accident Attorney Today for a Free Case Review

At Poltielov Law Firm P.C., our Queens auto accident attorney is a skilled, knowledgeable, and solutions-focused advocate for victims and families. If you were hurt in a car wreck, please do not hesitate to contact us today for a no-cost, no-obligation initial consultation at 718-880-2911. With an office in Queens, our firm handles motor vehicle accident claims throughout New York City.

We offer a free consultation to discuss your case and explain your legal options. During this meeting, we will listen to your story, answer your questions, and provide honest advice about the best path forward. There is no pressure to hire us, and you will leave with a better understanding of your rights and options.

Our proven track record of success in car accident cases demonstrates our commitment to clients. We have recovered millions of dollars for accident victims throughout Queens and New York City. When you need a dedicated advocate who will fight for maximum compensation, our team is ready to help you pursue the fair settlement you deserve.