top of page
lisasfine-logo-lightbackground.png
Contact us: (631) 361-9600
paramedic-placing-cervical-collar-injured-woman-from-car-accident.jpg

Auto & Truck Accidents

New York Auto & Truck Accident Attorney

Motor vehicle accidents are one of the leading causes of serious injury in New York. Whether involving passenger vehicles or commercial trucks, these accidents can result in significant medical expenses, lost income, and long-term complications. Understanding your legal rights after an accident is an important step in protecting your ability to recover compensation.

young-sad-woman-text-messaging-smart-after-car-crash-road.jpg

Understanding the Issue

Auto and truck accident claims often involve multiple parties, including drivers, vehicle owners, employers, and insurance carriers. New York’s No-Fault insurance system provides initial benefits, but serious injury cases may allow for additional legal claims.

Key Legal Considerations

  • New York’s No-Fault system requires drivers to carry Personal Injury Protection (PIP) coverage, which provides benefits for medical expenses and a portion of lost wages regardless of who caused the accident. However, these benefits are limited and do not include compensation for pain and suffering. Understanding how to properly access and document PIP benefits is an important first step in any motor vehicle accident claim.

  • New York’s No-Fault system requires drivers to carry Personal Injury Protection (PIP) coverage, which provides benefits for medical expenses and a portion of lost wages regardless of who caused the accident. However, these benefits are limited and do not include compensation for pain and suffering. Understanding how to properly access and document PIP benefits is an important first step in any motor vehicle accident claim.

  • Establishing fault requires demonstrating that another party acted negligently. This often involves reviewing police reports, accident scene evidence, witness statements, and, in some cases, expert analysis. The strength of this evidence plays a significant role in determining liability and the value of a claim.

  • In many cases, the at-fault party’s insurance coverage may not fully compensate for the extent of the injuries. Supplementary Underinsured Motorist (SUM) coverage may provide additional protection, but claims involving these policies can be complex and require careful review of policy terms and conditions.

  • Accidents involving commercial trucks or company vehicles often involve additional legal considerations, including federal safety regulations and employer liability. These cases may require investigation into driver logs, vehicle maintenance records, and company practices to determine responsibility.

What to Expect

After a motor vehicle accident, the legal process typically begins with an evaluation of the circumstances surrounding the incident and the injuries involved. Early steps often include gathering documentation such as police reports, medical records, photographs, and witness statements.

 

In New York, claims often begin with No-Fault (PIP) benefits, which require timely filing of applications and medical documentation. If the injuries meet the legal threshold for a personal injury claim, the case may proceed beyond No-Fault to pursue additional compensation.

 

Communication with insurance companies is a central part of the process. Insurers may request statements, documentation, or medical examinations. Careful handling of these communications is important to protect the integrity of the claim.

 

As the case develops, it may involve negotiation with insurance carriers to reach a settlement. If a fair resolution cannot be reached, the matter may proceed to litigation, which includes formal discovery, depositions, and potentially trial. Throughout the process, maintaining consistent medical treatment and documentation is critical to supporting the claim.

insurance-agent-working-car-accident-claim-process.jpg

Schedule a Consultation

If you would like to discuss your legal matter, contact our office to schedule a confidential consultation. We are prepared to help you evaluate your options and determine the best course of action.

FAQ's 

If you were injured in a car accident in New York, you may have questions about medical bills, insurance claims, lost wages, lawsuits, and your legal rights. Below, our New York car accident attorneys answer some of the most common questions about New York no-fault insurance laws, personal injury claims, settlements, and

compensation after a crash. 

​

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

After a car accident in New York, you should: 

  • Call 911 if anyone is injured 

  • Move to a safe location if possible 

  • Exchange insurance and contact information 

  • Take photos of the vehicles, injuries, and accident scene 

  • Speak with witnesses 

  • Seek medical attention immediately 

  • Report the accident to your insurance company 

  • Contact the Law Office of Lisa S. Fine, P.C. 

Even if you feel fine, some injuries may not appear right away. Prompt medical treatment also helps protect your injury claim. 

 

Is New York a No-Fault Insurance State? 

Yes. As a no-fault insurance state, your own insurance company typically pays for your medical expenses and certain financial losses after a crash, regardless of who caused the accident. 

No-fault coverage is provided through Personal Injury Protection benefits. 

​

What Does No-Fault Insurance Cover in New York? 

New York no-fault insurance may cover: 

  • Medical expenses 

  • Lost wages 

  • Prescription costs 

  • Transportation to medical appointments 

  • Certain out-of-pocket expenses related to injuries 

However, no-fault insurance does not cover pain and suffering or vehicle damage. 

 

How Soon Do I Need to File a No-Fault Claim in New York? 

In most cases, you must file a no-fault application within 30 days of the accident. Missing this deadline could affect your ability to receive benefits. 

Because strict deadlines apply, it is important to speak with a New York car accident lawyer as soon as possible. 

​

Can I Sue After a Car Accident in New York? 

Under New York law, you may file a lawsuit against the at-fault driver if you suffered a “serious injury.” 

Examples of serious injuries may include: 

  • Broken bones 

  • Permanent injuries 

  • Significant disfigurement 

  • Loss of a body function 

  • Injuries preventing normal activities for at least 90 of the first 180 days after the accident 

A personal injury attorney can evaluate whether your injuries qualify under New York law. 

 

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

In most cases, New York law gives injured victims three years from the date of the accident to file a personal injury lawsuit. 

However, shorter deadlines may apply in cases involving: 

  • Government vehicles 

  • Municipalities 

  • Public transportation 

  • Wrongful death claims 

Failure to file within the legal deadline may prevent you from recovering compensation. 

 

What Compensation Can I Recover After a New York Car Accident? 

Depending on your injuries and losses, compensation may include: 

  • Medical bills 

  • Future medical treatment 

  • Lost wages 

  • Loss of future earning capacity 

  • Pain and suffering 

  • Emotional distress 

  • Property damage 

The value of a claim depends on factors such as injury severity, liability, and insurance coverage. 

 

How Much Is My New York Car Accident Case Worth? 

Every case is different. The value of a New York car accident claim may depend on: 

  • The seriousness of your injuries 

  • Medical expenses 

  • Lost income 

  • Long-term disability 

  • Pain and suffering 

  • Available insurance coverage 

Cases involving permanent injuries or extensive medical treatment often result in higher settlements. 

​

What If I Was Partially at Fault for the Accident? 

New York follows a pure comparative negligence rule. This means you may still recover compensation even if you were partially responsible for the crash. 

However, your compensation may be reduced by your percentage of fault. 

​

For example, if you were found 20% at fault, your recovery would typically be reduced by 20%. 

​

Should I Talk to the Other Driver’s Insurance Company? 

You should be cautious when speaking with the other driver’s insurance company. Insurance adjusters may attempt to minimize your claim or obtain statements that could be used against you later. 

​

Before providing a recorded statement or accepting a settlement offer, it is important to consult with a New York personal injury attorney. 

​

Should I Accept the Insurance Company’s Settlement Offer? 

Not without understanding the full value of your claim. Insurance companies often try to settle cases quickly for less than they may actually be worth. 

Once you accept a settlement, you may lose the right to seek additional compensation later. 

 

What If the Other Driver Was Uninsured? 

If the at-fault driver does not have insurance, you may still be able to recover compensation through your uninsured motorist coverage. 

An experienced New York car accident lawyer can help identify all available insurance coverage. 

​

Do I Need a Lawyer After a Car Accident in New York? 

While not every accident requires legal representation, hiring an attorney can be especially important when: 

  • Serious injuries are involved 

  • Fault is disputed 

  • Insurance companies deny claims 

  • Multiple vehicles were involved 

  • Long-term medical treatment is necessary 

 

A lawyer can help protect your rights and pursue maximum compensation. 

 

What Happens If I Was Injured in an Uber or Lyft Accident? 

Rideshare accident claims can be complex because multiple insurance policies may apply. 

Coverage often depends on whether the rideshare driver: 

  • Was off-duty 

  • Was logged into the app 

  • Was on the way to pick up a passenger 

  • Had a passenger in the vehicle 

 

An attorney can help determine which insurance policies apply to your case. 

 

Can Passengers File Injury Claims After a Car Accident? 

Yes. Injured passengers may be entitled to compensation regardless of which driver caused the accident. 

Passengers can typically seek: 

  • No-fault benefits 

  • Compensation for medical bills 

  • Lost wages 

  • Pain and suffering damages in serious injury cases 

​

What If a Drunk Driver Caused the Accident? 

If a drunk driver caused your injuries, you may be able to pursue compensation through a personal injury lawsuit in addition to insurance claims. 

In some cases, additional parties may also share liability, including bars or establishments that unlawfully served alcohol. 

​

Can I Recover Lost Wages After a Car Accident? 

Yes. New York no-fault insurance may cover a portion of lost income if your injuries prevent you from working.  If your injuries qualify as serious under New York law, you may also seek additional lost wage compensation through a lawsuit against the at-fault driver. 

 

What Evidence Helps Strengthen a Car Accident Claim? 

Strong evidence can include: 

  • Police reports 

  • Medical records 

  • Accident scene photos 

  • Video footage 

  • Witness statements 

  • Vehicle damage documentation 

  • Cell phone records in distracted driving cases 

 

The sooner evidence is preserved, the stronger your claim may be. 

 

Should I See a Doctor Even If I Feel Fine? 

Yes. Some car accident injuries may not show symptoms immediately, including: 

  • Whiplash 

  • Concussions 

  • Soft tissue injuries 

  • Internal injuries 

 

Delaying medical treatment can also make it more difficult to prove your injuries were caused by the accident. 

 

What Should I Avoid Doing After a Car Accident? 

After a crash, avoid: 

  • Admitting fault 

  • Posting about the accident on social media 

  • Delaying medical treatment 

  • Giving recorded statements without legal advice 

  • Accepting quick settlement offers 

 

These mistakes can hurt your injury claim. 

 

How Long Does a New York Car Accident Case Take? 

Some car accident claims settle within a few months, while others may take longer if serious injuries or litigation are involved. 

 

Factors that affect case timelines include: 

  • Medical treatment duration 

  • Insurance negotiations 

  • Liability disputes 

  • Court schedules 

  • Expert evaluations 

 

Why Choose Lisa S. Fine as your Car Accident Lawyer? 

Our firm is committed to helping accident victims throughout New York recover the compensation they deserve. We provide personalized representation, aggressive advocacy, and clear communication throughout every stage of the legal process. 

​

We handle car accident cases involving: 

  • Rear-end collisions 

  • Distracted driving accidents 

  • Drunk driving crashes 

  • Uber and Lyft accidents 

  • Hit-and-run accidents 

  • Serious injury claims 

  • Wrongful death cases 

​​

Contact us today for a free consultation. 

bottom of page