Best Car Accident Lawyers in New York City

FAQs

• What is the non-emergency contact number for the local police station in New York, New York?

  For non-emergency concerns, dial 311 to reach the New York City Police Department (NYPD). For general inquiries, you may call +1 646-610-5000.

• Where can I get a copy of police reports for incidents related to my case in New York, New York?

  You may obtain a copy of the accident report you need at the New York City percent where the collision occurred within the first 30 days from when the report was filed. You can also request a collision report online through the New York City Police Department’s Collision Report Retrieval Portal: https://collisionreport.nypdonline.org/.

• What does New York City’s no-fault car insurance system mean?

  New York City’s no-fault system means that if you were injured in a car accident, regardless of who was responsible for the crash, you are to seek compensation from your own insurance company to cover your medical treatment and out-of-pocket losses. In order for you to go outside the no-fault system and bring a personal injury claim against the liable parties in your accident, you must exhibit that you sustained serious injuries, like disfigurement or permanent and significant injuries that limit normal bodily functions.

• What should you do if an uninsured driver causes your car crash in New York City?

  If you’ve been involved in a car crash and the other driver is underinsured or uninsured, you have a few options for recovering compensation:

  • If you carry uninsured motorist coverage, you may seek benefits from your own insurance provider. Drivers in New York City can purchase optional supplemental uninsured or underinsured motorist insurance up to $250,000 per person and $500,000 per accident.
  • File a lawsuit against the uninsured driver and seek damages from them directly.
  • File a lawsuit against anyone else who might have contributed to your accident or injury.

• Can you sue New York City for contributing to your car accident?

  Yes, it is possible for a driver injured in a New York City car accident to sue the city aside from the at-fault driver who caused the accident. This depends on whether “traffic-calming” measures were in place or if the New York City Department of Transportation (NYC DOT) knows about the accident location’s hazardous nature. The NYC DOT’s traffic-calming measures stem from a new ruling from New York’s highest court stating that the city is liable for injuries and fatalities in areas without safety structures and road designs intended to prevent speeding and traffic collisions.

• How much time do you have to file car accident lawsuits in New York City?

  New York City’s statute of limitations allows victims of car accidents up to three years to file their lawsuits. Meanwhile, you only have 30 days from the date of the accident to file your no-fault application. Failure to meet the legal timelines may result in the court refusing to hear your case. If you have a claim against a government entity, the deadline is even shorter, as you have three months from the date of the accident to file a Notice of Claim. After which, you will have a year and 90 days to commence action.

• What are New York City’s comparative fault rules?

  New York City has pure comparative fault rules, which means you are still entitled to receive compensation for your injuries as long as you are not entirely at fault for the accident. Under this system, the amount you will be able to recover will be reduced by however much fault is attributed to you. For instance, if you are found to be 20% to blame for the accident, your recovery for damages or financial award will be reduced by 20%.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.