Question 1

What is New York's serious-injury threshold for a car accident case?

Accepted Answer

New York's no-fault law (Insurance Law §5102(d)) limits pain-and-suffering claims to cases involving a 'serious injury', fracture, significant disfigurement, permanent loss of use, significant limitation of use of a body function, or a medically-determined non-permanent injury that prevents your usual daily activities for at least 90 of the 180 days after the accident. Below the threshold, you can still claim economic losses through your own no-fault carrier under PIP, but you cannot sue for pain and suffering.

Question 2

How long do I have to file a New York car accident lawsuit?

Accepted Answer

Three years from the date of the accident under CPLR §214(5). If the at-fault party is a city or state agency (MTA bus, NYC Department of Sanitation, NYC Transit), you must file a Notice of Claim within 90 days under General Municipal Law §50-e or Public Authorities Law §1276, and the lawsuit must be filed within one year and 90 days. Miss the 90-day Notice and most municipal cases are gone forever.

Question 3

Do I need to file a police report for my car accident in New York?

Accepted Answer

New York Vehicle and Traffic Law §603 requires you to file an MV-104 report with the DMV within 10 days for any accident involving injury, death, or property damage over $1,000. The police report itself is filed by the responding officer. For your case, the police accident report is critical evidence; if no officer responded, you should still file the MV-104.

Question 4

What if I was a passenger in an Uber or Lyft accident in Queens?

Accepted Answer

New York has specific TNC (transportation network company) coverage under VTL Article 44-B and VTL §1693. While a passenger is in the vehicle on a trip, the rideshare carrier provides $1.25 million per-incident liability coverage. As a passenger you are typically not at fault, so the question is which carrier, the driver's personal auto policy, the TNC policy, or another driver's carrier, pays. We sort that out and pursue the right one.

Question 5

Can I still recover if the other driver was uninsured?

Accepted Answer

Yes. Every New York no-fault auto policy includes Uninsured Motorist (UM) and Supplementary Uninsured/Underinsured Motorist (SUM) coverage. We file a UM/SUM claim against your own carrier in arbitration. The recovery comes from your insurance company, not the uninsured driver personally. This is one reason the carrier sometimes fights, the money is theirs.

Question 6

I was hit by an MTA bus in Queens. What's different about that case?

Accepted Answer

Two things. First, the Notice of Claim deadline is 90 days under Public Authorities Law §1276, not the general three-year statute. Second, there's a 50-h hearing, a pre-suit deposition that the MTA gets before you can file the lawsuit. We file the Notice immediately, prepare you for the 50-h, and file suit within one year and 30 days.

Question 7

How are pain-and-suffering damages calculated in a New York car accident case?

Accepted Answer

There is no formula in the statute. Juries consider the nature and permanence of the injury, the extent of medical treatment, lost earnings (past and future), out-of-pocket expenses, and how the injury changed your daily life. We work up the damages case with treating doctors, life-care planners, vocational experts, and economists where the injury justifies it. Damages workup is half the case; liability is the other half.

Car accident lawyer in Park Slope

Car Accident Lawyer in Park Slope

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