Car, Truck & Rideshare Accidents
New York car accident lawyer.
No-fault pays the bills. It does not pay for what you lost.
New York's no-fault system covers basic medical bills and part of your wages no matter who caused the crash. Full compensation, including pain and suffering and future losses, comes from a lawsuit against the driver who hurt you. That path runs through the serious injury threshold, and it starts with a 30-day deadline most people miss.
*Client may remain responsible for court costs and case expenses. See site footer.
The 30-day deadline nobody tells you about.
INSURANCE LAW · NO-FAULT (PIP)
After a New York motor vehicle accident, a no-fault application generally must be filed with the insurer within 30 days. Miss it and you can lose basic medical and wage benefits regardless of fault. This is the first thing we handle on every intake.
The serious injury threshold.
INSURANCE LAW § 5102(d)
To sue for pain and suffering after a car accident, New York requires a serious injury as the statute defines it: fractures, significant disfigurement, significant limitation of a body function or system, permanent consequential limitation, 90 out of the first 180 days of disability, and other categories. Insurers fight the threshold in nearly every case. Meeting it is a matter of medical proof: the right records, the right imaging, the right physician findings, assembled early.
Where the money actually comes from.
Recovery is limited by insurance and assets, so we chase every layer: the other driver's liability policy, your own supplementary underinsured motorist (SUM) coverage, umbrella policies, and employer liability for drivers on the job. Truck and rideshare cases carry larger commercial policies and their own regulations. In hit-and-run and uninsured cases, your uninsured motorist coverage or MVAIC may apply. Most people have coverage they do not know they own; we read every policy.
What drives value.
- Surgery, injections, or hardware
- Objective imaging: herniations, tears, fractures
- Lost earnings and diminished ability to work
- Future medical needs
- Available insurance across all layers
Deadlines.
The no-fault application is generally due in 30 days. Most lawsuits against the at-fault driver must be filed within three years, and claims involving city or public vehicles require a notice of claim within 90 days. Vehicle damage gets repaired and camera footage gets erased quickly. Preservation letters should go out immediately.
Questions people ask us.
The insurance company already offered me money. Should I take it?
Not before you know what the case is worth. Early offers are made before the full extent of injury and treatment is known, and accepting one generally ends the claim forever. Have the offer reviewed first; the consultation is free.
I was partly at fault. Do I still have a case?
Yes. New York follows pure comparative negligence: your recovery is reduced by your percentage of fault, not eliminated. Even a driver found substantially at fault can recover.
The driver who hit me has no insurance, or fled.
You may still recover through the uninsured motorist coverage in your own policy or a household policy, or through MVAIC if no coverage exists. These claims have their own short notice deadlines, so move quickly.
What does hiring you cost?
Nothing up front. Car accident cases are handled on contingency: the fee is a percentage of the recovery, and if there is no recovery there is no attorney's fee. Case expenses are addressed in the written retainer.
Free Case Review
Tell us what happened. It takes about 60 seconds.
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Call now: (917) 653-7259
Daniel Hochman, Esq.
Personally reviews every submission
Deadlines are shorter than people think.
Notice of claim against New York City and most public entities.
No-fault insurance application after a motor vehicle accident.
EEOC charge for most employment discrimination claims.
Prefer to talk? Calling is faster: (917) 653-7259. Free and confidential.
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