New York Car Accident Attorneys

At DearLegal, we connect you with experienced New York car accident attorneys who understand the no-fault system, the serious injury threshold, and how to maximize your recovery under the state's pure comparative negligence rule. Whether your crash happened on the BQE, the FDR, the Long Island Expressway, I-87, or any road across the state, we'll match you with the right attorney — at no cost to get started.

New York gives you three years from the date of the car accident to file a personal injury lawsuit — longer than most states. Wrongful death claims carry a two-year deadline from the date of death. The critical exception involves government vehicles: if you were hit by a city bus, MTA vehicle, sanitation truck, or other government vehicle, you must file a Notice of Claim within 90 days and then file your lawsuit within one year and 90 days. You must also file your PIP application with your own insurer within 30 days of the accident.

Because New York is a no-fault state, you can only sue the at-fault driver for pain and suffering if your injuries meet the "serious injury" threshold under Insurance Law Section 5102(d). Qualifying categories include: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or system, permanent consequential limitation, significant limitation of a body function, or an injury preventing you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the accident. Alternatively, exceeding $50,000 in basic economic losses also qualifies you to sue.

Every NY driver must carry at least $50,000 in PIP coverage. After any crash, you file a claim with your own insurer regardless of fault. PIP covers medical expenses, 80% of lost wages (capped at $2,000/month for up to 3 years), and $25/day for essential services. PIP does not cover pain and suffering or property damage. You must submit your PIP application within 30 days of the accident — miss this deadline and your benefits can be denied. Motorcyclists are completely exempt from the no-fault system and can sue immediately.

Yes — New York follows pure comparative negligence under CPLR Section 1411, one of the most plaintiff-friendly fault rules in the nation. Unlike PA (51% bar), NJ (51% bar), and OH (51% bar), New York allows you to recover damages even if you were 99% at fault. Your award is simply reduced by your percentage of responsibility. If your damages are $200,000 and you're 70% at fault, you still recover $60,000. Insurance companies still aggressively argue fault to reduce your payout dollar for dollar.

No — New York does not impose statutory caps on compensatory damages in car accident cases. There are no limits on economic damages (medical bills, lost wages) or non-economic damages (pain and suffering). Punitive damages also have no statutory cap. The practical limitation comes from the serious injury threshold — if your injuries don't qualify, you're limited to PIP benefits for economic losses only. Once you clear the threshold, your recovery potential is unlimited.

New York's no-fault system, serious injury threshold, 30-day PIP filing deadline, and 90-day government Notice of Claim create multiple points where claims can be permanently lost. Insurance companies routinely deny that injuries meet the serious injury threshold to block pain and suffering claims. A NY car accident attorney works on a contingency fee basis (you pay nothing unless they win) and can document your injuries to meet the threshold, ensure PIP is maximized, and pursue the at-fault driver for full uncapped damages.

Why Do You Need a Car Accident Attorney in New York?

NYC recorded over 91,000 collisions in 2024 with 252 fatalities. In Q1 2025, 41 traffic deaths were reported across the five boroughs — though this was the lowest first-quarter total under Vision Zero. Brooklyn led with 6,241 crashes in Q1 2025 alone. Driver inattention/distraction was the top factor in 5,322 NYC crashes during Q1 2025, followed by failure to yield (1,387) and following too closely (1,319). Statewide, New York saw a 10% rise in crash rates. Pedestrians accounted for 26 of 41 Q1 2025 fatalities — remaining a persistent crisis. Insurance companies exploit the serious injury threshold to deny pain and suffering claims even for legitimately injured victims.

When Do You Need a Car Accident Attorney in New York?

If any of these situations describe your car accident, a free consultation can protect your rights.

Types of Car Accident Cases in New York

Our wide range of attorneys will be able to help you in these situations

Missing the 30-day PIP application deadline — your no-fault benefits can be denied entirely

Failing to document injuries that meet the serious injury threshold for pain and suffering claims

Missing the 90-day Notice of Claim for accidents involving MTA, city buses, or government vehicles

Not understanding that motorcyclists are exempt from the no-fault threshold and can sue immediately

Accepting PIP-only benefits when injuries clearly qualify for a full liability claim with no damage caps

Assuming you can't recover because you were partially at fault — NY allows recovery even at 99% fault

Missing the 30-day PIP application deadline — your no-fault benefits can be denied entirely

Failing to document injuries that meet the serious injury threshold for pain and suffering claims

Missing the 90-day Notice of Claim for accidents involving MTA, city buses, or government vehicles

Not understanding that motorcyclists are exempt from the no-fault threshold and can sue immediately

Accepting PIP-only benefits when injuries clearly qualify for a full liability claim with no damage caps

Assuming you can't recover because you were partially at fault — NY allows recovery even at 99% fault

Common Car Accident Claim Mistakes in New York

New York's no-fault system and strict deadlines create traps that can permanently bar your claim.

How Much Do New York Car Accident Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Car accident attorneys in New York work on a contingency fee basis — typically 33% to 40% of the total recovery. In a state with no damage caps and pure comparative negligence, the value of skilled representation is particularly high. Case costs including police reports, medical records, accident reconstruction, and expert witnesses are typically advanced by the firm.

What Can Your New York Car Accident Compensation Include?

PIP Benefits (Immediate)

Up to $50,000 in medical expenses, lost wages (80% up to $2,000/month), and $25/day for essential services — from your own insurer regardless of fault.

Medical Expenses Beyond PIP (No Cap)

All costs exceeding PIP limits — surgeries, rehab, future care — pursued from the at-fault driver. No statutory cap.

Lost Wages & Earning Capacity (No Cap)

All income lost beyond PIP's wage limits, plus future lost earning capacity. No statutory limit.

Pain & Suffering (No Cap)

Available once the serious injury threshold is met or economic losses exceed $50K. No statutory limit in New York.

Property Damage

Repair or replacement of your vehicle and personal belongings. Pursued through the at-fault driver's property damage coverage.

Punitive Damages (No Cap)

Available in cases involving gross negligence or intentional misconduct like DUI. No statutory cap.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Car Accident Attorneys

Why Do You Need a Car Accident Attorney in New York?

When Do You Need a Car Accident Attorney in New York?

Types of Car Accident Cases in New York

Common Car Accident Claim Mistakes in New York

How Much Do New York Car Accident Attorneys Cost?

What Can Your New York Car Accident Compensation Include?

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