Things I get asked every week
Short answers. No legalese.
Yes. An apology at the scene is not a liability concession on paper. Once the claim hits an adjuster’s desk, every apology gets reframed as courtesy and every fact gets contested.
I have had cases where the other driver admitted fault in writing and the insurer still argued comparative negligence. Liability on the record is the only kind that pays. That takes more than an apology, it takes a file.
Take their name and number and tell them your attorney will be in touch. That is it.
Do not describe your injuries. Do not agree to a recorded statement. Do not accept a quick check. The first offer is almost always the worst one you will see, and a recorded statement is a tool built to shrink your case, not to clarify the facts.
No-fault is New York’s system for paying your initial medical bills and lost wages regardless of who caused the crash. If you were a driver, passenger, or pedestrian hit by an insured vehicle in New York, it almost certainly applies to you.
The benefits cap at $50,000. That is a floor, not a ceiling.
It is the line your case has to cross to recover pain and suffering on top of no-fault. Insurance Law §5102(d) lists nine categories: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and a medically determined injury that prevents you from doing usual activities for at least 90 of the 180 days following the accident.
Contingency. One third of the recovery is the standard New York fee, capped by law. The higher your outcome, the higher mine. We are fighting together. If we do not recover, you owe nothing. No hourly bill, no costs out of your pocket during the case.
Typically nine months to three-plus years. A clear-liability case with a reasonable insurer and a completed course of treatment can resolve in under a year. A contested liability case on the Supreme Court calendar in your borough takes longer. Every case is different.
Yes. In New York, the general statute of limitations for a personal injury case is three years from the date of the accident. Cases against the City, the MTA, NYC Transit, or other public entities have two clocks: a Notice of Claim within 90 days under General Municipal Law §50-e, and the lawsuit itself filed within one year and ninety days under GML §50-i. Missing either is how a good case dies.
The same day. I preserve evidence within the first 24 hours: a letter of representation to the insurer, requests for the police report and any available video, and a preservation letter to the custodian of any vehicles still at a tow yard or any other physical evidence that could be lost.
Call. These are the eight questions I get asked every week, not a full map of personal injury law. If something happened to you that doesn’t fit, that is exactly when a free consultation is most useful.