New York Car Accident Frequently Asked Questions: Answers From a Top NYC Personal Injury Law Firm
Greenstein & Pittari, LLP
A car accident in New York City can change your life in seconds. You may be dealing with pain, medical appointments, missed work, vehicle repairs, and insurance companies pressuring you to “wrap things up.” If you are wondering what your rights are under New York law and what steps to take to protect yourself, you are not alone.
This page answers the most common questions we hear from NYC car accident victims in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. If you want guidance tailored to your crash, injuries, and insurance situation, the team at Greenstein & Pittari, LLP is ready to help.
You can call today for a FREE consultation. You pay nothing unless we win.
Call 1-800-VICTIM2 (1-800-842-8462)
If You Were Hurt in a New York City Car Accident, Here’s What Matters Most
The first hours and days after a crash can affect both your health and your injury claim. Even if you feel “fine,” serious injuries can take time to appear, including concussions, whiplash, soft tissue damage, and internal trauma. At the same time, insurance companies often begin working immediately to reduce or deny claims.
Protect yourself by doing four things right away:
- Get medical care immediately
- Document everything you can
- Do not sign anything from an insurance company without legal advice
- Know your deadlines, especially if a city vehicle, MTA bus, or government agency is involved
If you feel overwhelmed, that is normal. Our NYC car accident lawyers can step in quickly, protect your claim, and handle insurance calls and paperwork while you focus on healing.
Free consultation available now.
Call 1-800-VICTIM2 (1-800-842-8462)
What Should I Do Right After a Car Accident in NYC?
If you can do so safely, take these steps right away:
- Move to safety if your vehicle can be moved and it is safe to do so
- Call 911 and request police and medical help
- Get medical treatment immediately, even if symptoms feel minor
- Exchange information with the other driver, including name, driver’s license, plate number, and insurance
- Collect witness contact information if possible
- Take photos and videos of the scene, roadway conditions, vehicle damage, and visible injuries
- Do not admit fault, even casually
- Notify your insurance company promptly
- Speak with a NYC car accident attorney before giving recorded statements or signing forms
Important reminders for NYC crashes
- Do not apologize or blame anyone
- Do not argue with the other driver
- Do not post about the accident on social media
- Do not accept a settlement offer without legal advice
Free consultation available. Call Greenstein & Pittari, LLP now: 1-800-VICTIM2 (1-800-842-8462)
Should I See a Doctor Even If I Feel Fine After a Car Accident?
Yes. Many common car accident injuries do not show symptoms immediately. Adrenaline can mask pain, and some injuries worsen over time.
Injuries that often appear later include:
- Concussions and traumatic brain injuries
- Whiplash and neck injuries
- Back injuries and herniated discs
- Soft tissue injuries
- Internal bleeding or organ injuries
- Psychological trauma, anxiety, depression, and PTSD
Getting medical care protects your health and creates a record linking your injuries to the crash. If you delay treatment, insurance companies may argue you were not hurt or that something else caused your condition.
Do I Need a Police Report for a Car Accident in New York City?
In most cases, yes. A police report can be critical evidence in an NYC car accident claim because it:
- Identifies the parties involved
- Records key facts about location, time, and conditions
- May include witness information
- May help clarify the fault if the other driver changes their story
Even if the crash seems minor, injuries and symptoms can appear later. A police report can help protect your right to compensation.
Should I Talk to the Other Driver’s Insurance Company?
No. You are not required to give the other driver’s insurance company a statement.
Insurance adjusters are trained to gather information that may reduce the value of your claim. Even a seemingly harmless recorded statement can be used against you.
If the other insurer calls you:
- Politely decline
- Do not give a recorded statement
- Do not discuss injuries or settlement
- Tell them to contact your lawyer
Our firm can handle all communications with insurance companies so you can focus on recovery.
How Much Car Insurance Does New York Require?
To legally drive in New York, drivers must carry minimum liability insurance:
- $25,000 / $50,000 for bodily injury (per person/per accident)
- $50,000 / $100,000 for death (per person/per accident)
- $10,000 for property damage per accident
New York also requires uninsured motorist coverage with matching minimum limits. (N.Y. Veh. & Traf. Law § 341.)
What Is No-Fault Insurance in New York and What Does It Cover?
New York is a no-fault insurance state. This means that after most car accidents, you first turn to your own insurance or the insurance covering the vehicle you were in for certain benefits, regardless of fault.
No-fault benefits typically cover:
- Necessary medical expenses
- A portion of lost wages
- Reasonable accident-related expenses, such as transportation to treatment
No-fault coverage is limited. Serious injuries and long recoveries can quickly exceed no-fault limits. When that happens, you may need a claim against the at-fault driver or other responsible parties.
What Are the Deadlines for No-Fault Benefits in New York?
No-fault deadlines are strict. In general:
- You must file the no-fault application within 30 days of the crash
- You must attend medical exams scheduled by the no-fault carrier
Missing deadlines or required exams can result in denied benefits, sometimes retroactively. If you received a denial letter or are overwhelmed by medical bills, please contact our firm right away.
Can I Sue the Other Driver in New York? The Serious Injury Rule
Yes, but New York law limits lawsuits for pain and suffering in most car accident cases. You generally must meet the serious injury threshold. (N.Y. Ins. Law § 5102(d).)
Serious injury can include:
- Fracture
- Significant disfigurement
- Permanent loss of use of a body organ, member, function, or system
- Significant limitation of use
- Permanent consequential limitation
- Disability that prevents usual activities for 90 out of 180 days
If your injuries qualify, you may be able to pursue compensation beyond no-fault benefits, including pain and suffering and long-term losses.
What If the Crash Was Partly My Fault?
You may still recover compensation. New York follows comparative negligence, meaning you can recover damages even if you share some responsibility. Your percentage of fault may reduce your compensation.
Please don’t assume you don’t have a case. Liability often changes once evidence is reviewed, including video, witness statements, police reports, and vehicle damage analysis.
What If the Accident Involved a City Bus or Government Vehicle?
Crashes involving the MTA, NYC buses, sanitation trucks, police vehicles, or other government vehicles may involve special procedures and strict deadlines.
In many cases, you must file a Notice of Claim quickly under New York law. (N.Y. Gen. Mun. Law § 50-e et seq.) Waiting can seriously harm your case.
If a government vehicle may be involved, call our firm immediately so we can protect your rights and preserve evidence.
What If the Other Driver Is Uninsured or It Was a Hit-and-Run?
If the other driver is uninsured, underinsured, or fled the scene, you may still have options through:
- Uninsured Motorist (UM) coverage
- Supplemental Underinsured Motorist (SUM) coverage
- Additional policies that may apply depending on your household or the vehicle involved
For hit-and-run accidents:
- Call 911
- Give the police every detail you can
- Look for witnesses and nearby cameras
- Seek medical care immediately
- Notify your insurer promptly
These cases can become complex quickly. Legal help can make a significant difference.
What If the Other Driver Was Drunk?
Drunk driving crashes often cause severe injuries. The driver may face criminal charges, but your civil case is how you pursue compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional trauma and PTSD
- Long-term disability
New York’s DWI laws are addressed in (N.Y. Veh. & Traf. Law § 1192). Our firm can pursue compensation regardless of whether a criminal case is ongoing.
What Compensation Can I Recover After a New York City Car Accident?
Depending on the facts of your case, damages may include:
Economic damages
- Past and future medical expenses
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Property damage and vehicle repairs
- Rental car costs
- Out-of-pocket expenses
Non-economic damages
- Pain and suffering
- Emotional distress
- Anxiety, depression, PTSD
- Loss of enjoyment of life
- Loss of quality of life
In rare cases involving extreme misconduct, punitive damages may be available.
Should I Accept an Insurance Settlement Offer?
Be cautious. Early settlement offers often do not account for:
- Future medical treatment
- Long-term limitations
- Ongoing pain and emotional trauma
- Reduced earning capacity
Once you sign a release, you typically cannot reopen your claim, even if your injuries worsen. Before you accept any offer, we can review it and explain whether it truly covers your losses.
How Long Do I Have to File a Car Accident Lawsuit in New York?
In many cases, you have three years from the date of the crash to file a lawsuit. Wrongful death claims typically have a shorter deadline, and cases involving government vehicles may have much shorter notice requirements.
Even if you have time, evidence can disappear quickly. Video footage may be erased, witnesses may become unavailable, and vehicles may be repaired or destroyed. Early legal help protects your case.
Will My New York City Car Accident Case Go to Court?
Many car accident cases settle without going to trial, especially when a qualified attorney is involved. Settlement can be faster and less stressful.
However, if the insurance company refuses to offer fair compensation or disputes liability or damages, going to court may be necessary. We prepare every case as if it could go to trial, so insurance companies know we are serious.
A Few More NYC Car Accident Questions
What is the most important thing to do after a car accident?
Your health comes first. Seek medical attention, call 911, get a police report, document the scene, and speak with a car accident lawyer before giving recorded statements.
What should I say to my insurance company after a crash?
Stick to basic facts, including date, time, location, and that an accident occurred. Avoid guessing about fault or discussing injuries in detail before you speak with counsel.
What injuries are most common after NYC car accidents?
Common injuries include head injuries, concussions, neck and back injuries, fractures, soft tissue injuries, internal injuries, and psychological trauma.
What if my injuries appear days later?
That is very common. I’d appreciate it if you could see a doctor immediately. Delaying treatment can harm your health and can also give insurers an argument to challenge your claim.
Would you like me to give a recorded statement?
You may have obligations to cooperate with your own insurer, but you are not required to give a recorded statement to the other driver’s insurer. Speak with a lawyer first.
What if I were not wearing a seat belt?
You may still recover compensation, but insurers may argue your damages should be reduced. A lawyer can help challenge unfair arguments and protect your recovery.
What if I were a passenger in the car?
Passengers are often eligible for compensation through no-fault benefits and potentially a lawsuit if injuries meet the serious injury threshold.
What if a friend or family member caused the accident?
In most cases, you are claiming an insurance policy, not taking money directly from a loved one. Insurance typically provides legal representation to the driver.
How much is my case worth?
Case value depends on injury severity, treatment costs, lost income, permanency, evidence strength, and insurance coverage. We can provide a realistic evaluation during a free consultation.
How long does a car accident case take?
Some cases settle in months. Others take longer, especially if injuries are severe or litigation is required. The right approach balances speed with full value.
What is subrogation?
Subrogation occurs when an insurance company seeks reimbursement after paying benefits. It can affect settlement strategy and timing, especially when multiple insurers are involved.
What if I were injured while working?
You may have multiple claims, including workers’ compensation, no-fault benefits, and a third-party personal injury claim. These cases are complex and should be handled carefully.
Why Choose Greenstein & Pittari, LLP?
Greenstein & Pittari, LLP, focuses exclusively on personal injury law and fights for accident victims throughout New York City.
- 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 recognized by Best Lawyers and Super Lawyers
Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).
We have seven convenient locations throughout New York, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County, so getting help is easy.
Free Consultation: Get Answers Today
If you were injured in a New York City car accident, you do not have to deal with insurance companies and legal deadlines alone. Let Greenstein & Pittari, LLP explain your rights, protect your claim, and fight for the full compensation you deserve.
- Free consultation
- No fee unless we win
- We handle insurance calls, paperwork, and negotiations
- Serving all five boroughs and beyond
Call 1-800-VICTIM2 (1-800-842-8462)
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