Car Accident Lawyers in Staten Island, New York

Understanding the No-Fault Insurance System

Dealing with insurance claims after a crash can be frustrating and confusing. New York and New Jersey both use the no-fault insurance system, which requires your own insurer to pay your medical expenses and a portion of lost wages, no matter who caused an accident.

However, you may bring a claim for additional damages against the at-fault driver if your economic damages exceed your policy limits or your condition meets the “serious injury threshold” in New York.

A serious injury generally includes:

• Significant disfigurement or scarring
• Fractures
• Loss of limb
• Loss of a fetus
• Permanent limitation of a body organ or member
• Significant limitation of use of a body function or system
• A non-permanent injury or impairment that prevents the injured person from performing their usual daily activities for more than 90 days during the 180 days immediately following the injury.

This threshold is intended to keep those with minor injuries from suing for additional compensation for damages like pain and suffering. Our Staten Island car accident lawyers can review your medical records to determine whether your injury meets this threshold and guide you on the best path to recover the full compensation you deserve. If you’ve lost a loved one in a crash that was caused by another party, our wrongful death lawyers can evaluate your case and help you seek justice by filing a claim against the at-fault party.

Determining Fault in a Car Accident Claim

New York personal injury law applies the concept of comparative negligence in car accident cases. This means that if you were partially at fault, you can still recover compensation but your award is reduced by your percentage of responsibility.



To build a strong case, our car accident lawyers use evidence such as:

• Police reports
• Photographs
• Traffic camera and surveillance video footage
• Eyewitness statements
• Vehicle damage
• Analysis by accident reconstructionists
  

Taking These Steps After a Car Accident Can Protect Your Rights

Documenting the scene and gathering evidence immediately after an accident can provide valuable documentation that supports a personal injury claim. If you’re able, take photos of the scene, vehicle damage, and your injuries. Exchange insurance and contact information with all involved drivers and get the names and phone numbers of any witnesses.

Make sure to call 911 and wait for police to arrive. Most importantly, seek medical attention as soon as possible. This ensures you get the care you need. Medical records also play a vital part in any car accident claim.

Contact Your Insurance Company After a Car Accident

You are required to report the crash to your insurance company within 30 days. Do not accept a settlement or speak to the at-fault party’s insurer without consulting a car accident attorney first.

Seek Legal Counsel

Even your own insurance company may try to minimize your injuries and pay as little as possible. Our experienced personal injury attorneys can help you file claims with your own insurer and the at-fault party’s insurer if appropriate.

Dealing with Insurance Companies

Our car accident lawyers handle all communications and negotiations on your behalf. With more than 50 years of experience negotiating with powerful insurance companies, we are familiar with their tactics and won’t back down in our quest to hold them accountable. If a fair settlement can’t be reached, our personal injury lawyers are experienced trial attorneys who have successfully handled countless cases in local, state, and federal courts.

We fight to help you recover damages such as:

• Past and future medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
  

Understanding Subrogation

If someone else is responsible for a crash, your own insurance company may pay your medical bills, lost wages, and repair costs, but then seek reimbursement from the at-fault party’s insurer. This is known as subrogation. Although this process is designed to prevent double payments, it can impact how your compensation is distributed.

For example, if your insurer covers $15,000 in medical expenses under your no-fault policy, it may later ask the at-fault driver’s insurance company for that amount once your case is settled. Our attorneys closely oversee the subrogation process to ensure your recovery is handled properly and your share of settlement funds is protected.

Time is of the Essence in Car Accident Claims

There are strict time limits for filing car accident claims and lawsuits in New York:

• No-fault insurance claims must be filed with your insurer within 30 days of the crash.
• You must file a personal injury lawsuit within three years.
• Claims against government agencies follow a specific process and require a Notice of Claim to be filed within 90 days.

Missing these important deadlines can result in losing the right to recover compensation. That’s why contacting a knowledgeable Staten Island car accident attorney as soon as possible is essential.

Why Choose Our Staten Island Car Accident Lawyers?

Over the past five decades, our personal injury law firm has helped clients in Staten Island, Brooklyn, and surrounding areas recover hundreds of millions of dollars in damages. Our team handles hundreds of cases each year and is dedicated to standing up for injured victims and their families. We help you navigate this challenging chapter of your lives with compassion and relentless legal advocacy you can trust.