Motor Vehicle Accdients

Motor Vehicle Accident Attorneys in New York

If you or a loved one has been injured in a car accident, you may feel overwhelmed while trying to heal from your injuries and manage the financial fallout. While your focus should be on recovery, it is equally important to consult with an experienced New York motor vehicle accident attorney to ensure you receive the compensation you deserve. At Held & Hines LLP, our personal injury attorneys have decades of combined experience handling auto accident claims throughout New York. We will guide you through the complexities of insurance laws, determine your eligibility for a lawsuit, and protect your rights every step of the way.

Understanding New York's No-Fault Insurance Law

New York is a no-fault insurance state, meaning that after a car accident, your own car insurance (also called Personal Injury Protection or “PIP”) covers your medical expenses and lost wages regardless of who caused the accident.
Key points of no-fault law:

Covers up to $50,000 in medical expenses and lost income
Applies to the driver, passengers, and pedestrians involved
Does not cover pain and suffering or property damage
Property damage claims must be filed against the at-fault driver’s insurance

However, no-fault compensation may not be sufficient if your injuries are serious.

When You Can Sue the At-Fault Driver

If your injuries qualify as “serious” under New York law, you may step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. The state defines a serious injury as:

A bone fracture
Significant disfigurement
Permanent limitation of use of a body organ or member
Significant limitation of use of a body system or function
Substantial disability for at least 90 days within the first 180 days after the accident

If your case meets any of these thresholds, you may be entitled to seek additional compensation for:

Pain and suffering
Medical bills beyond the no-fault limits
Loss of future earnings
Funeral expenses and wrongful death damages (if applicable)

Proving Fault and Negligence

To succeed in a personal injury lawsuit, you must prove that:

The driver owed a duty of care (e.g., obeying traffic laws)
The driver breached that duty (e.g., running a red light or speeding)
The breach caused your injuries
You suffered measurable damages

Importantly, in New York, vehicle owners are presumed to have given consent to the person operating their car. This means the vehicle owner may be held liable even if they were not driving at the time of the accident.

Why You Need an Experienced Attorney

Navigating the no-fault system and determining whether your injuries meet the serious injury threshold can be challenging. Our attorneys at Held & Hines LLP have the knowledge, experience, and dedication to:

Collect and analyze medical records
Communicate with insurance companies on your behalf
Negotiate the maximum settlement
File a lawsuit if necessary to pursue full compensation

Frequently Asked Questions

What should I do immediately after a car accident?

Seek medical attention, call the police, take photographs of the scene and your injuries, and exchange information with all parties involved. Notify your insurance company and contact a personal injury attorney as soon as possible.

What if I was partially at fault for the accident?

New York follows pure comparative negligence, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

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

Generally, you have three years from the date of the accident to file a personal injury lawsuit. If a government vehicle was involved, the time to file may be much shorter as little as 90 days to file a Notice of Claim.

Will my insurance go up if I file a no-fault claim?

Filing a no-fault claim for medical expenses and lost wages should not affect your premiums. However, if you were found to be at fault or you make a property damage claim, your rates could increase.

Can I still sue if my injuries didn’t require surgery?

Yes, depending on the nature and extent of your injuries. Non-surgical injuries like herniated discs or long-term chronic pain may still meet the “serious injury” threshold if they significantly impair your daily life.

Contact Held & Hines LLP Today

If you or a loved one has been injured in a car accident in New York, don’t navigate the legal system alone. The personal injury attorneys at Held & Hines LLP will fight for the full compensation you are entitled to under the law.