How do I choose the right car accident lawyer in New York City?
Start by checking if the attorney focuses primarily on car accident cases and has experience with NYC traffic laws. The best lawyers know New York's no-fault insurance system and how to handle claims through the city's complex court system.
Ask about their track record with cases similar to yours. A lawyer who regularly handles Brooklyn Supreme Court or Manhattan civil court cases will understand local procedures and relationships with insurance companies operating in the five boroughs.
Schedule free consultations with at least three attorneys. Pay attention to how clearly they explain your options and whether they answer questions directly. Good lawyers should outline a realistic timeline and explain New York's comparative negligence rule under CPLR §1411, which can reduce your recovery if you're found partially at fault.
What fees do NYC car accident lawyers charge?
Most car accident attorneys in New York City work on contingency, meaning they only get paid if you win. The standard fee ranges from 33% to 40% of your settlement or verdict, with higher percentages typically applying to cases that go to trial.
This percentage covers the lawyer's time but not case expenses like medical record fees, expert witnesses, or filing costs. Some attorneys deduct expenses before calculating their fee, while others deduct after. Ask which method they use since it affects your final payout.
Make sure the fee agreement is in writing and complies with New York Rules of Professional Conduct 1.5. Watch for attorneys who charge upfront retainers for car accident cases—this is unusual and potentially a red flag.
How long do I have to file a car accident lawsuit in New York?
You have three years from the accident date to file a personal injury lawsuit under CPLR §214. Missing this deadline typically means losing your right to sue, regardless of how strong your case is.
Property damage claims have a separate three-year limit under CPLR §214(4). If a government vehicle caused the crash—like an MTA bus or NYPD car—you must file a notice of claim within 90 days, which is much stricter.
Contact a lawyer immediately after your accident. Evidence disappears quickly in NYC, from surveillance footage that gets recorded over to witnesses who move away. Early action protects both your legal rights and your ability to build a strong case.
What types of car accident cases do NYC lawyers handle?
NYC attorneys handle rear-end collisions, intersection crashes, pedestrian accidents, bicycle accidents, and hit-and-runs. They also work on cases involving rideshare drivers, delivery trucks, and taxi cabs—all common in Manhattan's dense traffic.
Drunk driving accidents and distracted driving cases are specialties for many lawyers. These often involve punitive damages beyond standard compensation. Cases with serious injuries like traumatic brain injuries, spinal cord damage, or permanent disability require attorneys experienced with long-term medical evidence.
Some lawyers focus on specific boroughs or accident types. An attorney who regularly handles FDR Drive crashes or Brooklyn-Queens Expressway pileups will know the traffic patterns and common defenses insurers use for those locations.
How does New York's no-fault insurance system affect my claim?
New York requires all drivers to carry no-fault insurance, which pays up to $50,000 for medical bills and lost wages regardless of who caused the crash. You file with your own insurance company first, not the at-fault driver's insurer.
You can only step outside no-fault and sue the other driver if you meet the "serious injury threshold" defined in Insurance Law §5102(d). This includes broken bones, significant disfigurement, permanent limitation of a body function, or death.
Your lawyer needs to prove your injuries qualify as serious. Insurance companies fight these claims aggressively, often hiring doctors to minimize your injuries. Having an attorney document your medical treatment from the start strengthens your ability to sue for full damages.
What damages can I recover after a NYC car accident?
You can recover medical expenses, lost wages, future earning capacity, and property damage. Pain and suffering damages are available only if your injury meets New York's serious injury threshold.
Economic damages have no cap in New York, so severe injuries with million-dollar medical bills can receive appropriate compensation. Non-economic damages like pain and suffering depend on jury awards in similar cases, which NYC juries tend to value higher than rural counties.
If the other driver was extremely reckless—like driving drunk with a suspended license—you might recover punitive damages, though these are rare. Your lawyer should also pursue diminished quality of life damages if your injuries prevent activities you previously enjoyed.
How long does a car accident case take in New York City?
Simple cases with clear liability and moderate injuries often settle in 6-12 months. Complex cases involving disputed fault, serious injuries, or multiple parties can take 2-4 years, especially if they go to trial.
NYC courts are backlogged, which extends timelines. Manhattan and Bronx courts typically have longer wait times than Queens or Staten Island. Your lawyer can sometimes speed things up by filing motions or pushing for mediation.
Don't let timeline concerns pressure you into a quick, low settlement. Serious injuries need time to reach maximum medical improvement so your lawyer can accurately value future medical needs and lost earning capacity.
What should I do immediately after a car accident in NYC?
Call 911 even for minor accidents—NYPD reports are crucial evidence. Get the other driver's license, insurance, and registration. Take photos of vehicle damage, street conditions, traffic signals, and any visible injuries.
Collect contact information from witnesses, including pedestrians who saw the crash. In NYC, witnesses often disappear quickly into subway stations or buildings. Note the exact intersection or address, since many streets have similar names across boroughs.
Seek medical attention within 24 hours, even if you feel fine. Delayed injuries are common, and insurance companies use gaps in treatment to deny claims. Report the accident to your insurance company to start your no-fault claim, but don't give recorded statements until you've spoken with a lawyer.
How do NYC car accident lawyers investigate cases?
They start by obtaining the police report and your medical records. They'll photograph your vehicle damage and injuries, interview witnesses, and request surveillance footage from nearby businesses or NYPD traffic cameras.
Many NYC accidents occur near cameras—on subways, in businesses, or on buildings. Your lawyer must act fast since private businesses often erase footage after 30-90 days. They may also hire accident reconstruction experts to analyze skid marks, vehicle damage, and traffic patterns.
For serious cases, lawyers review the other driver's history through DMV records, check for prior accidents, and investigate whether they were working at the time. Commercial vehicle accidents require examining the company's safety records and driver logs.
What questions should I ask when comparing car accident lawyers?
Ask how many car accident cases they handle annually and what percentage go to trial. Lawyers who settle everything may not fight hard enough, while those who always go to trial might miss good settlement opportunities.
Request examples of recent verdicts or settlements in cases similar to yours. Find out who will actually handle your case—the lawyer you meet with or a junior associate. Ask how often you'll receive updates and whether they communicate by phone, email, or text.
Question their fee structure in detail, including how expenses are handled and what happens if you lose. Get clarity on their trial experience in NYC courts and whether they have relationships with medical experts who can strengthen your case.
Can I still recover damages if I was partially at fault?
Yes. New York follows pure comparative negligence under CPLR §1411, which reduces your recovery by your percentage of fault but doesn't eliminate it. If you're 30% at fault for a $100,000 case, you'd receive $70,000.
This differs from modified comparative negligence states, where being 50% or 51% at fault bars recovery entirely. Even if you were mostly at fault, you can still recover the percentage attributed to the other driver.
Insurance companies exploit this rule by exaggerating your fault to reduce payouts. They'll claim you were speeding, distracted, or failed to yield—even without proof. Your lawyer's job is to minimize your fault percentage through evidence and witness testimony.
What if the other driver doesn't have insurance?
Your uninsured motorist (UM) coverage steps in to compensate you up to your policy limits. New York requires insurers to offer UM coverage, though you can reject it in writing. If you have $100,000 in UM coverage, that's your maximum recovery from your own insurer.
If you don't have UM coverage and the driver has no assets, recovering compensation becomes difficult. Your lawyer might identify other liable parties, like a bar that overserved a drunk driver or a vehicle owner who lent their car to an uninsured driver.
Hit-and-run cases also trigger UM coverage. Your lawyer can help track down the driver through NYPD investigations, witness statements, and surveillance footage to potentially pursue a direct claim.
How do lawyers handle cases involving Uber, Lyft, or taxi accidents?
These cases are more complex because multiple insurance policies may apply. Uber and Lyft drivers carry commercial policies up to $1 million when transporting passengers, but lower coverage when the app is off or they're waiting for requests.
Yellow cabs and green cabs have different insurance requirements under NYC Taxi and Limousine Commission rules. Your lawyer needs to determine the driver's status at the time of the accident and which policy provides coverage.
Companies often try to classify drivers as independent contractors to avoid liability. Experienced lawyers know how to pierce this defense and hold companies accountable for negligent hiring, inadequate background checks, or failing to maintain vehicles.
What role does traffic camera footage play in NYC cases?
Traffic cameras, red-light cameras, and speed cameras provide objective evidence that's hard to dispute. Footage can prove who had the green light, whether someone ran a stop sign, or how fast vehicles were traveling.
NYC has thousands of cameras, but footage isn't kept indefinitely. Your lawyer should send preservation letters to the Department of Transportation within days of your accident. Private businesses, apartment buildings, and subway entrances also have cameras that might have captured the crash.
Without video evidence, cases often become credibility contests between drivers. Juries give significant weight to camera footage, making it a powerful tool for proving fault and countering false insurance company claims.
What makes a car accident case worth more money?
Injury severity is the primary factor—permanent disabilities, brain injuries, and spinal cord damage result in higher verdicts. Medical expenses, both past and future, directly increase case value, especially if you need ongoing treatment or surgery.
Lost earning capacity matters significantly if injuries prevent you from working or force a career change. NYC cases often involve higher wages than other parts of New York, which increases lost income calculations.
Clear liability with strong evidence—like video footage or police citations—strengthens settlement leverage. Defendant characteristics also matter; drunk drivers or those with previous violations face more severe consequences, increasing your negotiating position.
