When Should I Hire a Car Accident Lawyer in New York?
Most people consider hiring an accident lawyer when they suffer injuries in a car crash. New York is a “no fault” state, and having a personal injury attorney fight for you is usually a good decision.
Even a minor vehicle accident can result in medical costs, long-lasting pain, and a pile of insurance paperwork. Don’t be left covering expenses that are not your fault.
A car accident lawyer helps protect your rights, defend your case, and receive the financial compensation you deserve for your injuries.
✅ Read this short guide to help you decide when to hire a car accident lawyer in New York, a “no fault” state.
▻ If you were recently hurt in a car accident, call our team today and get started with a free case evaluation.
In This Article:
When Should I Hire a Car Accident Lawyer in New York?
Hiring a car accident lawyer is a must for injured victims who:
- Have suffered moderate or severe injuries
- Must pay medical bills that amount to more than $50,000
- Require ongoing care or the accident causes long-term disabilities.
- Had a pre-existing injury
- Have a significant loss of income or wages due to injuries or damages suffered.
- Were in accidents with multiple parties involved.
- Are not familiar with the laws or with court proceedings
- If the other driver was driving under the influence of drugs or alcohol.
- Had a motorcycle accident
Victims of car crashes with minor injuries should reach out to a personal injury attorney and ask for advice. The consultation is always free and confidential.
If your doctor assessed you and you did not suffer any injuries, only property damage, a personal injury lawyer is not a good fit for you.
A Few Facts About How New York’s “No Fault” Laws Can Impact Your Accident Case
Fact #1: New York Is a No-Fault State
Many New Yorkers think they can sue if they are injured in a car crash.
▻ But the state laws are complex and impose restrictions on filing a lawsuit. Even if you are able to sue the other driver, there are many aspects that must be evaluated and considered, given that New York is a “no fault” state.
No fault means that the law doesn’t hold people liable for an accident.
For the most part, it doesn’t matter who ran a stop sign or who wasn’t paying attention. Fault is not an issue, and there’s no need for legal action. Therefore, the state doesn’t allow either party to sue the other.
Instead, each driver must report and file a claim with their own insurance carrier if they seek compensation for their damages.
⚠️ And insurance companies know how to lower the amount of compensation they owe you or even deny the claim for costs over $50,000. Something you definitely don’t want.
Especially if you are suffering financially and from health problems caused by the accident. Besides this, you don’t know the impact of this car accident’s injuries on your future without a proper medical assessment.
Fact #2: The Serious Injury Rule • The Exception to the NY No-Fault Law
In most vehicle accidents, it doesn’t matter who is at fault. But in some vehicle collision events, it does. That’s because New York’s no-fault rule has one critical exception: the serious injury rule.
➤ If your injuries are serious enough to be exempted from the no-fault rule, then you are allowed to sue the party who is to blame for the accident.
If any of the cases we describe below fit yours, you should seriously consider hiring a car accident lawyer. These injuries are exempt from the no-fault rule and include
- Death
- Bone fracture
- Dismemberment
- Permanently damaged organ, member, or system
- Significant disfigurement
- Terminated pregnancy
- Injury that results in an inability to perform normal daily functions for at least 90 of the 180 days following the accident
⚠️ Important: No-fault covers up to $50,000 in damages independently of the severity of the injuries.
But under New York law, your own insurance company should pay up to $50,000 in damages even if your injuries are serious. 💰
So, if you spend more than $50,000 in medical bills, you have the right to sue the other party regardless of the severity of the injuries.
Fact #3: There are Two Very Important Distinctions
➤ Criminal behavior is not covered by this law. If the other driver was intoxicated and driving under the influence of drugs or alcohol, you are allowed to sue.
➤ The “no fault” law does not apply to injured motorcyclists and you can sue the at fault driver, their insurance, your own insurer or anyone who is responsible for medical expenses and other economic and emotional damages related to the motorcycle accident. But your time is limited, motorcyclists get seriously injured, others don’t believe bikers and you need to take care of your health. Let a seasoned motorcycle accident attorney fight and win for you. 💪
Must I Hire a Car Accident Lawyer to File a Personal Injury Claim?
Technically speaking, you don’t need to hire a car accident lawyer to file a personal injury claim against an insurance company in New York. Some people choose to fight the insurance company on their own. Particularly if they have suffered minor injuries and have the time and the energy to dispute the claim with insurance companies. If the claim amount is small, this may save them the lawyer’s fees.
▻ But we all know that it is very difficult to receive fair compensation from insurance companies.
Even though the law mandates them to cover certain expenses, a car accident lawyer will ensure you receive fair compensation for your injuries.
A car accident lawyer has extensive knowledge of the law and its rules of procedure. They also have years of experience dealing with these companies. They know their tricks and how to successfully negotiate with them.
That’s why it’s always best to talk to an accident lawyer. It doesn’t cost anything. Make sure you can defend your rights, your finances, and your health.
What Should Insurance Cover in the Event of an Accident in New York?
New York State law states that insurance companies must cover the following accident-related costs, regardless of who was at fault, up to $50,000:
- Medical expenses (e.g., emergency room, medical consultations, physiotherapy and rehabilitation costs, prescription medications, psychiatric treatment)
- Lost wages or lost income (up to $2,000 per month for a maximum of 3 years)
- Additional expenses (e.g., transportation to or from the hospital, etc.) in the amount of $25 per day for up to 1 year
▻ There are limitations and exceptions, and if your injuries and losses exceed the “no-fault” coverage, you can sue the party guilty of the accident.
☎️ Talk to Experienced Car Accident Lawyers
Our car accident lawyers have represented traffic accident victims for more than 36 years and have recovered more than $700 million in negotiations, rulings, and verdicts.
Our personal injury law firm has offices in Manhattan, Queens, and Long Island, and we serve the Latino community of New York.
Unlike many accident lawyers, we limit the number of cases we accept to provide better service and attention to our clients. Rest assured that we will dedicate ourselves to your case and to fighting for the compensation you deserve.
✅ No Fee Unless We Win
✅ Over $700,000,000 Recovered for our clients
✅ Bilingual English & Spanish
✅ FREE Consultation
✅ Top Local Attorneys
📍Serving Clients across New York City & Long Island:
Islip, Hempstead, Brentwood, Hauppauge, Riverhead, Sag Harbor, Hampton Bays, Jackson Heights, Jamaica, and the counties of Suffolk, Nassau, Kings, Queens, Bronx, and New York (Manhattan).
