A Guide to Filing a NYC Car Crash Claim

Car accidents are a daily reality in New York City. Heavy traffic, rideshare vehicles, delivery trucks, construction zones, and aggressive driving contribute to crashes across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

If you were injured in a NYC car accident, you may be facing medical treatment, lost wages, vehicle repairs, and constant calls from insurance adjusters. The steps you take now can directly affect your health, your finances, and the value of your car accident claim.

At Greenstein & Pittari, LLP, our New York City car accident lawyers help injured New Yorkers file no-fault claims, challenge denied benefits, and pursue full compensation through settlement or trial.

Call 1-800-VICTIM2 (1-800-842-8462) for a free NYC car accident consultation.
The call is free. The consultation is free. You do not pay us unless we are successful.

Why NYC Car Accidents Happen So Often

Many New York City car crashes are preventable and caused by negligence, including:

• Distracted driving, including texting, GPS apps, eating, or passenger distractions
• Speeding or driving too fast for NYC traffic and road conditions
• Impaired driving involving alcohol, marijuana, prescription drugs, or illegal drugs
• Failure to yield, running red lights, and other intersection violations
• Following too closely and rear-end collisions that often cause neck and back injuries
• Unsafe lane changes and improper turns
• Fatigued or aggressive driving
• Road hazards and vehicle defects, including potholes, poor signage, malfunctioning signals, and faulty brakes, tires, or airbags

When negligence causes a crash, you may be entitled to compensation beyond what an insurance company offers at the start.

What to Do After a Car Accident in New York City

1) Get medical help right away

Call 911 if anyone is injured. Even if symptoms feel minor, get evaluated promptly. Many injuries, including concussions and soft-tissue injuries, appear hours or days later.

Tell every provider: “This injury is from a car accident.”
This helps connect your injuries to the crash in your medical records.

2) Call the police and create an official accident report

Please request an NYPD response and ensure a Police Accident Report (MV-104A) is completed. Insurance companies often rely heavily on the official report when evaluating a NYC car crash claim.

3) Document the scene and collect evidence

If it is safe and you are physically able, gather:

• Photos or video of vehicle positions, damage, license plates, skid marks, debris, traffic signals, and road conditions
• Names, contact information, and insurance details for all drivers
• Witness names and phone numbers
• Officer name, badge number, and report number

Avoid apologizing or debating fault. Even harmless statements can be used to reduce your claim.

4) File required DMV paperwork when necessary

If there are injuries or more than $1,000 in property damage, you generally must file MV-104 with the NYS DMV within 10 days. Missing this step can create avoidable disputes during your car insurance claim.

What Is a NYC Car Crash Claim

A NYC car crash claim is the legal and insurance process used to recover compensation after a collision. In most cases, payment comes from insurance coverage, not directly from a driver’s personal bank account.

To recover compensation beyond no-fault benefits, you generally must show:

• Another party caused the crash, and
• Their negligence caused your injuries and financial losses

Liability may involve more than a driver. Depending on the facts, responsible parties may include an employer, a commercial vehicle owner, a maintenance contractor, or a manufacturer if a defective part contributed to the crash.

New York No-Fault Insurance and PIP Benefits

New York is a no-fault insurance state. That usually means your initial injury claim is filed through your own Personal Injury Protection (PIP) coverage, regardless of who caused the crash.

What PIP typically covers in New York

PIP usually provides up to $50,000 for:

• Accident-related medical expenses
• 80% of lost wages up to $2,000 per month for up to three years
• Other necessary expenses up to $25 per day
• A $2,000 death benefit

What PIP does not cover

• Pain and suffering
• Emotional distress, including PTSD
• Loss of enjoyment of life
• Vehicle damage and repairs

The 30-day deadline is critical.

You generally must file the required no-fault application within 30 days of the crash. Missing the deadline can jeopardize medical and wage benefits.

Filing PIP When You Were Not Driving

Coverage rules can be technical, and the correct policy depends on how the crash happened:

• Passenger claims often go through the host driver’s PIP
• Pedestrians and cyclists often file under the striking vehicle’s PIP
• Bus passengers may file through their own or household PIP, or through the bus operator’s coverage
• Hit-and-run and uninsured driver cases may involve MVAIC (Motor Vehicle Accident Indemnification Corporation)

If you are unsure which coverage applies, we can help you identify the correct route and avoid costly delays.

When You Can Sue After a NYC Car Accident

You may pursue a personal injury lawsuit against the at-fault party if:

• Your injuries meet New York’s serious injury threshold, or
• Your economic losses exceed $50,000 (the typical PIP limit)

Serious injury examples in New York

• Fractures
• Traumatic brain injuries
• Significant disfigurement
• Permanent loss or limitation of a body function
• Inability to perform everyday activities for at least 90 out of the first 180 days after the crash
• Death

Motorcycle accident victims are not subject to the serious injury threshold in the same way as typical no-fault motor vehicle claims.

Comparative negligence in New York

New York follows pure comparative negligence. You can still recover compensation even if you were partly at fault, but your percentage of responsibility may reduce your recovery. This is one reason to avoid speculation when talking to insurers.

Types of NYC Car Accident Claims

Personal injury claims

These may pursue compensation for:

• Medical costs beyond PIP
• Full lost wages and diminished future earning capacity
• Pain and suffering
• Emotional trauma and reduced quality of life

Property damage claims

Property damage claims typically involve:

• The at-fault driver’s insurance, and or
• Your collision coverage

Wrongful death claims

Wrongful death cases are usually brought by the estate and may include damages for:

• Funeral and burial expenses
• Lost financial support
• Loss of parental guidance
• Conscious pain and suffering

Damages and Compensation in a NYC Car Accident Case

Economic damages

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Rehabilitation and therapy
• Property damage
• Out-of-pocket costs related to the crash

Non-economic damages

• Pain and suffering
• Emotional distress and PTSD
• Loss of enjoyment of life
• Disfigurement
• Loss of consortium where applicable

Punitive damages

Punitive damages are rare and may apply only in cases of extreme misconduct.

Deadlines That Can Destroy a NYC Car Accident Case

Deadlines matter. Missing one can permanently bar recovery.

• No-fault application: typically 30 days
• DMV MV-104 reporting when required: 10 days
• Personal injury lawsuit: typically 3 years
• Property damage lawsuit: typically 3 years
• Wrongful death: generally 2 years
• Claims involving NYC or government vehicles may require a Notice of Claim within 90 days and a shorter time to file suit

If a city vehicle, MTA bus, sanitation truck, police vehicle, road defect, or construction hazard may be involved, speak with a lawyer immediately.

Why Insurance Companies Fight NYC Car Accident Claims

Insurance adjusters are trained to protect the insurer’s bottom line. Common tactics include:

• Minimizing injuries
• Pointing to a pre-existing condition
• Shifting blame to you
• Delaying authorizations and paperwork
• Pressuring quick settlements before your prognosis is clear
• Using recorded statements to reduce or deny the claim

How Greenstein & Pittari, LLP Helps NYC Car Accident Victims

Our firm handles every stage of a NYC car crash claim, including:

• Investigating the crash and preserving evidence
• Filing no-fault claims and supporting documentation
• Handling insurance communications and negotiations
• Coordinating medical documentation and proof of lost income
• Identifying all available insurance coverage
• Taking cases to trial when insurers refuse to pay fairly

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.
No fee unless we win. Our Fee Guarantee applies.

Why Choose Greenstein & Pittari

• Local Harlem office for convenience and trust
• No fee unless we win your case, Our Fee Guarantee
• Bilingual services available
• Hundreds of positive client reviews and testimonials
• We handle the insurance companies so you can focus on healing
• Top-rated, award-winning lawyers, including Best Lawyers and Super Lawyers
• Seven convenient New York locations: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County

Our motto is “Don’t Be a Victim Twice.” If you were injured in a car accident involving an uninsured or underinsured driver, call us to discuss your options.

NYC Car Crash FAQ

How soon should I call a NYC car accident lawyer

If you are injured, if the crash involves a commercial vehicle, if you suspect a government vehicle is involved, or if the insurance company is pressuring you, call as soon as possible. Early legal guidance helps preserve evidence and protect deadlines.

How long does a NYC car accident claim take

Some claims resolve in weeks. Many take months. Severe injury cases often take longer when insurers dispute liability, medical treatment, or future needs.

Should I give a recorded statement to an insurance company

Not without legal advice. Recorded statements are often used to reduce or deny claims.

What if I did not feel injured right away

This is common. Get medical care as soon as symptoms appear and document everything. Delays in treatment can harm both your health and the credibility of the claim.

Can I recover pain and suffering in New York?

Only if your injuries meet the serious injury threshold or your economic losses exceed no-fault limits.

What if the other driver is uninsured or fled the scene

Your uninsured or underinsured motorist coverage may apply. MVAIC may also be an option in certain hit-and-run or uninsured cases.

What if I was partially at fault

You may still recover under New York’s comparative negligence rule, but your percentage of fault may reduce your compensation.

What if my medical bills exceed insurance limits

There may be additional coverage sources, including multiple policies, SUM or UM coverage, commercial coverage, employer coverage, or litigation. We can identify and pursue the available options.

What if the crash involved the City of New York or a government agency

You may need to file a Notice of Claim within 90 days, and the lawsuit deadline may be much shorter than in a typical case. Please contact a lawyer right away.

Free NYC Car Accident Consultation

If you or a loved one was injured in a car accident anywhere in New York City, get clear answers and strong legal representation.

Do not be a victim twice. Call 1-800-VICTIM2 (1-800-842-8462).
Free consultation. There is no fee unless we are successful.