New York City Car Accident Lawyers
New York City Car Accident Lawyer
A motor vehicle crash in New York City can cause sudden physical injuries, missed work, and immediate financial stress. Navigating New York’s complex auto insurance regulations and legal requirements after an accident can be confusing, especially when dealing with insurance adjusters while recovering.
At Sullivan Papain Block McManus Coffinas & Cannavo, P.C., we protect the rights of crash victims across Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Long Island. Our trial attorneys bring decades of litigation experience and extensive investigative resources to hold negligent drivers and insurance carriers accountable.
How New York’s No-Fault Auto Insurance System Works
New York operates under a No-Fault auto insurance system (Article 51 of the New York Insurance Law). Regardless of who caused the collision, the insurance policy covering the vehicle you were in (or, if you were a pedestrian or cyclist, generally the vehicle that struck you) provides Personal Injury Protection (PIP) benefits.
What No-Fault (PIP) Covers:
Basic No-Fault coverage pays up to $50,000 per person for:
- Necessary medical treatments, doctor visits, hospital bills, and rehabilitation
- Up to 80% of lost earnings from work (capped at $2,000 per month)
- Up to $25 per day for reasonable and necessary daily expenses (such as travel to medical appointments or household assistance)
Critical No-Fault Deadline:
To receive PIP coverage, you must give the No-Fault insurer written notice of your claim (usually on the NF-2 application) within 30 days of the accident. Missing this deadline can result in denial of medical and wage benefits unless there is a reasonable justification for the delay.
When Can You Sue an At-Fault Driver in New York?
Because New York is a No-Fault state, you cannot automatically sue the at-fault driver for non-economic loss (pain and suffering) for a minor crash. To sue for pain and suffering, your injuries must satisfy the "Serious Injury Threshold" defined under New York Insurance Law § 5102(d).
Qualifying "Serious Injuries" Under NY Law:
- Death or dismemberment
- Significant disfigurement
- A fracture (broken bone)
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A non-permanent injury that prevents you from performing substantially all of your customary daily activities for at least 90 days during the 180 days immediately following the accident ("90/180 rule")
If your injury meets any of these criteria, our legal team can file a fault-based personal injury lawsuit against the responsible parties to seek full financial recovery beyond PIP limits. You may also sue for economic losses, such as medical bills and lost wages, that exceed the $50,000 basic No-Fault coverage.
Comparative Fault in NYC Motor Vehicle Collisions
New York follows a pure comparative fault rule (CPLR § 1411). If you were partially responsible for the crash—for example, if the other driver was speeding but you merged without signaling—you are not barred from financial recovery.
Instead, your total compensation is reduced proportionally by your percentage of fault. If a court determines your damages total $200,000 and you were 10% at fault, your net recovery will be $180,000. Our attorneys investigate every collision thoroughly to establish clear liability and protect you from unfair fault assignments by insurance carriers.
Types of Motor Vehicle Accident Cases We Handle
Our trial lawyers represent victims in all types of traffic collisions throughout the five boroughs and surrounding areas, including:
Often caused by distracted driving, tailgating, or failure to yield in dense city traffic.
Collisions resulting from red-light running, illegal turns, or speeding through intersections.
Complex multi-policy claims involving commercial liability coverage for rideshare passengers, pedestrians, or other motorists.
Knockdowns at crosswalks, sidewalk accidents, and doorings along busy NYC streets.
Collisions involving delivery trucks, tractor-trailers, and commercial vans requiring review of federal safety logs and vehicle telemetry.
Accidents involving MTA buses, New York City subways, sanitation trucks, or municipal police vehicles.
Crucial Statutory Deadlines for New York Car Accidents
| Claim Type | Applicable Statute | Filing Deadline |
|---|---|---|
| No-Fault Benefits Application (NF-2) | NY Insurance Law | 30 days from the date of the crash |
| Standard Personal Injury Lawsuit | CPLR § 214 | 3 years from the date of the crash |
| Wrongful Death Claim | EPTL § 5-4.1 | 2 years from the date of death |
| Claims Against Municipalities (MTA, NYC) | General Municipal Law §§ 50-e, 50-i (and Public Authorities Law for MTA/NYC Transit) | Notice of Claim within 90 days; lawsuit within 1 year & 90 days |
Frequently Asked Questions About NYC Car Accident Claims
If your injuries qualify under the serious injury threshold, you can pursue economic and non-economic damages, including:
- Past and future medical bills, surgical costs, and physical therapy
- Total lost wages and loss of future earning capacity
- Physical pain, suffering, and emotional distress
- Loss of enjoyment of life and permanent physical impairment
Vehicle damage claims are separate and do not depend on the serious injury threshold.
- Call 911 and ensure an official police accident report (MV-104A) is prepared.
- Seek Immediate Medical Attention to evaluate your injuries and establish medical documentation.
- Collect Information from all involved drivers, including names, insurance details, and driver's license numbers.
- Take Photographs of vehicle damage, road conditions, traffic signals, and visible injuries.
- Contact an Attorney before speaking with the at-fault party's insurance adjuster or signing recorded statements.
We work on a contingency fee basis. You pay no upfront retainers or out-of-pocket costs. Our legal fees are paid strictly as an agreed-upon percentage of the recovery we secure through a settlement or trial verdict. If we do not recover compensation for you, you owe no attorney's fees.
Why Turn to Sullivan Papain Block McManus Coffinas & Cannavo, P.C.?
- 100 Years of Legal Leadership: Our firm has represented generations of New Yorkers in personal injury and motor vehicle litigation.
- Over $2 Billion Recovered: We have a documented history of securing multimillion-dollar verdicts and negotiated settlements for crash victims.
- Comprehensive Trial Preparation: We work with accident reconstructionists, biomechanical engineers, and medical professionals to build strong cases for court.
- Client-First Representation: We handle insurance claims, medical billing disputes, and court filings so you can focus on recovering. If you cannot come to our office, we can visit you at home or in the hospital.
Schedule a Free Consultation with a New York Car Accident Lawyer
If you or a loved one suffered injuries in a motor vehicle crash in New York City, Long Island, or surrounding communities, contact Sullivan Papain Block McManus Coffinas & Cannavo, P.C. to review your legal options.
Attorney Advertising. Prior results do not guarantee a similar outcome.
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Call Us: (212) 732-9000
Office Locations: New York City | Garden City | Cutchogue | Hackensack, NJ