New York Car Accident Attorneys

At DearLegal, we connect you with experienced New York car accident attorneys who can navigate the state’s no-fault PIP system and the strict "serious injury" threshold under Insurance Law § 5102(d). Whether your crash happened on the FDR, the LIE, or anywhere from Manhattan to Buffalo, we’ll match you with the right attorney — at no cost to get started.

Three years from the date of the crash for personal injury under CPLR § 214. Claims against the City of New York, MTA, or other municipalities require a Notice of Claim within 90 days under General Municipal Law § 50-e, with a 1-year and 90-day deadline to file suit.

New York requires every driver to carry $50,000 in PIP coverage under V.T.L. § 311, which pays your medical bills, lost wages, and essential services regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the "serious injury" threshold in Insurance Law § 5102(d) — nine specific categories including significant disfigurement, fracture, permanent loss of use of a body organ or member, and the catch-all 90/180-day disability category.

You file an uninsured/underinsured motorist (UM/SUM) claim against your own policy. New York requires UM coverage on every policy under Insurance Law § 3420 and offers Supplementary Uninsured/Underinsured Motorist (SUM) coverage to boost limits.

No, and you usually shouldn’t. Anything you say can be used to dispute the serious injury threshold. Refer the adjuster to your attorney or your own insurer.

It depends on medical bills, lost income, future treatment, vehicle damage, and whether you meet the serious injury threshold. New York does not cap non-economic damages in standard auto cases, and Manhattan, Bronx, and Brooklyn juries are historically among the most plaintiff-favorable in the country.

The same statute of limitations and fault rules apply, but New York City’s expressways see heavy commercial truck traffic, taxi/rideshare density, and chain-reaction collisions. Federal trucking regulations and multiple insurers add complexity.

New York car accident attorneys typically work on contingency: no upfront cost, paid a percentage of the recovery if they win. New York allows contingency fees up to 33-1/3% in most personal injury cases under Judiciary Law § 474-a. If there’s no recovery, you owe no attorney fee.

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

New York records over 300,000 crashes each year, with serious injuries concentrated on the FDR, the Long Island Expressway, the Bronx-Whitestone, and major upstate routes including I-87 and I-90. New York’s no-fault system (Insurance Law § 5101 et seq.) requires PIP coverage that pays first regardless of fault, with $50,000 in basic benefits. To sue for pain and suffering, you must meet the "serious injury" threshold under Insurance Law § 5102(d). New York is also a pure comparative fault state.

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

Our network includes New York car accident attorneys who handle every kind of case, including:

Types of Car Accident Cases in New York

From the moment you connect with a New York car accident attorney, they go to work protecting your claim. The most common case types we handle:

Not understanding that PIP pays first but tort recovery requires meeting the "serious injury" threshold under Ins. Law § 5102(d)

Missing the 90-day Notice of Claim deadline for NYC, MTA, and municipal claims under GML § 50-e

Failing to maximize SUM coverage when the at-fault driver was underinsured

Accepting a quick settlement before the full extent of injuries is known

Giving a recorded statement to the at-fault driver’s insurer without legal counsel

Missing the 3-year statute of limitations under CPLR § 214

Not understanding that PIP pays first but tort recovery requires meeting the "serious injury" threshold under Ins. Law § 5102(d)

Missing the 90-day Notice of Claim deadline for NYC, MTA, and municipal claims under GML § 50-e

Failing to maximize SUM coverage when the at-fault driver was underinsured

Accepting a quick settlement before the full extent of injuries is known

Giving a recorded statement to the at-fault driver’s insurer without legal counsel

Missing the 3-year statute of limitations under CPLR § 214

Common New York Car Accident Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

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 33-1/3% under Judiciary Law § 474-a. Some cases involving infants or wrongful death require court approval of fees. Case costs are typically advanced by the firm and deducted from the final recovery.

What Can Your New York Car Accident Compensation Include?

Economic Damages

Medical expenses, lost wages, future care costs — no statutory cap. PIP offsets first $50,000 in basic economic losses.

Non-Economic Damages

Pain and suffering, emotional distress, loss of enjoyment — recoverable only if you meet the serious injury threshold in Ins. Law § 5102(d). No statutory cap when threshold is met.

Punitive Damages

Available for wanton, willful, or reckless conduct (e.g., DWI). No statutory cap, but subject to constitutional due-process review.

Property Damage

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

Wrongful Death

Recovery for pecuniary loss under EPTL § 5-4.1, with separate recovery for pre-death pain and suffering under EPTL § 11-3.2.

PIP/No-Fault Benefits

First-party medical, 80% of wage loss (up to $2,000/month), and $25/day other expenses — total $50,000 — regardless of fault under V.T.L. § 311. Higher limits available by election (APIP).

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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 New York Car Accident Mistakes

How Much Do New York Car Accident Attorneys Cost?

What Can Your New York Car Accident Compensation Include?

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