Motor Vehicle

NYC Motor Vehicle Accident Lawyers

NYC MOTOR VEHICLE ACCIDENT ATTORNEYS WITH 50 YEARS OF EXPERIENCE

With over one hundred million dollars in settled cases and more than 50 years of experience, our experienced personal injury attorneys at Spar & Bernstein will fight for the best possible outcome, including a maximum settlement for your case.

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WHY HIRE SPAR & BERNSTEIN FOR MOTOR VEHICLE ACCIDENT CASES?

Our knowledgeable and tenacious lawyers are ready to represent you, whether you were involved in a motor vehicle accident as a driver, passenger, or pedestrian.

Our compassionate attorneys will support you legally and emotionally throughout the entire process, giving you peace of mind that your case is in good hands.

TYPES OF MOTOR VEHICLE ACCIDENTS RECOGNIZED BY NEW YORK STATE LAW

The most common motor vehicle accidents recognized by New York State Law for which you can seek compensation include: head-on collisions, rear-end collisions, side impact collisions (also known as T-bone or broadside collisions), rollovers, single-vehicle accidents, and multiple vehicle pile-ups.

NEW YORK CAR ACCIDENT LAWS

Statute Of Limitations (New York Consolidated Laws, Civil Practice Law and Rules – CVP § 214)

The statute of limitations states that the period to file a claim after a motor vehicle accident extends to three years (3), starting from the date of the accident. If the statute of limitations passes, the court is likely to dismiss your case.

New York No-Fault Law (Comprehensive Motor Vehicle Insurance Reparations Act)

The New York No-Fault Law states that insurance companies must provide up to $50,000 for medical and hospital services, non-medical treatment and care, physical, psychiatric, and occupational therapy, and other injury-related professional services, regardless of who is at fault for the accident.

Contributory or Comparative Negligence (N.Y. Civ. Prac. L. & R. §1411)

This law states that the damages you can claim after a motor vehicle accident are reduced by your own percentage of fault, no matter what the fault amount is.

WHO IS LIABLE FOR MOTOR VEHICLE ACCIDENTS IN NEW YORK?

The parties responsible for a motor vehicle accident in New York include anyone who contributed to the accident, from a driver to pedestrians, bicyclists, and more.

TYPES OF COMPENSATION FOR MOTOR VEHICLE ACCIDENT INJURIES IN NEW YORK

Since New York is a no-fault state, after an accident, your Personal Injury Protection Insurance (PIP) will cover your medical bills, lost wages and additional expenses for in-house help or transportation for treatment.

If you were involved in an accident as a pedestrian or bicyclist, the coverage will be provided by the insurance company of the driver of the vehicle that hit you.

Losses Beyond No-Fault Coverage

If your medical expenses exceed the no-fault policy limit, you can sue the party that caused the accident.

Pain And Suffering

To seek compensation for pain and suffering, you can file a third-party claim or a lawsuit against the driver who caused the accident.

Property Damage

If the motor vehicle accident results in personal property damage, you can seek compensation from the at-fault party.

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MOTOR VEHICLE ACCIDENT FAQs

What Should I Do After A Motor Vehicle Accident?

Immediately after a motor vehicle accident, you should:
  • Call the police and give your statement
  • Remain on the scene of the accident until police arrive
  • If possible, take pictures/video of the incident with your phone
  • Seek medical help

Who Will Pay If I Am Injured In A Motor Vehicle Accident?

Every vehicle owner in New York has no-fault insurance. The no-fault insurance company will pay for medical expenses up to $50,000. If you were the operator of the vehicle or a passenger in the vehicle, the vehicle in which you were in will pay for the expenses.   No-fault insurance covers:
  • Medical expenses up to $50,000
  • 80% of lost wages
  • In-house help, if you are unable to perform routine daily activities like dressing, eating, etc.
  • Travel expenses to/from doctor’s appointments

Is New York A No-Fault State?

Yes, New York is a no-fault state.

What Does No-Fault Mean?

No-fault means that regardless of who has caused the accident, your insurance company will cover the medical expenses resulting from your injury (hospitalization, physical therapy, etc.) within the coverage limit. It will also pay for lost wages, if you are unable to go back to work due to injuries.

In New York, you can get compensation for pain and suffering only if you have sustained a serious injury.

Is There A Deadline To File My No-Fault Claim?

You must file your no-fault claim with your insurance company within 30 days of the accident. An experienced lawyer can help ensure the correct paperwork is filed so you can submit your claim on time.

What Is A Serious Injury In New York?

According to the New York State Insurance law a serious injury includes:
  • Death
  • Significant disfigurement
  • Dismemberment
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body system or function
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment

When Should I File My Motor Vehicle Accident Claim?

In New York, you have three (3) years from the date of the accident to file a lawsuit for pain and suffering and economic loss in a motor vehicle accident against third parties. In addition, you must file for no fault benefits, which includes reimbursement for lost wages and medical bills, within 30 days from the date of the accident.

After this period expires, you lose the right to seek compensation.

If you are communicating directly with the insurance company, the negotiation process may take several years. That is why having an experienced legal attorney by your side is crucial to filing a claim and securing a settlement.

In New Jersey, you should file a motor vehicle claim within two years.

Who Can I Sue After A Motor Vehicle Accident?

You can file an injury claim against anyone who has contributed to the motor vehicle accident.

Liable parties may include drivers, passengers, motorcyclists, bicyclists, pedestrians, road construction companies and more.

Contact us at Spar & Bernstein for a free consultation regarding your case. We’ll discuss your options and next steps.

What Happens If The Vehicle I Was In Had No Insurance At The Time Of The Accident?

If the motor vehicle you were driving or riding as a passenger in did not have applicable insurance, the Motor Vehicle Accident Indemnification ("MVAIC") covers certain benefits.

You must file the claim timely. MVAIC is a non-profit organization created by the New York State Legislature in 1958 to provide No-Fault and Bodily Injury protection to eligible claimants.

How Much Can I Get As Compensation In My Motor Vehicle Accident Case?

An experienced attorney will look into your case and determine a fair compensation to pursue to support you during the recovery period and after it. At Spar & Bernstein, we offer a free initial consultation to discuss the details of your case and plan next steps. We consider:
  • Seriousness of your injuries
  • Need for surgery/hospitalization/treatment
  • Inability to work for a period of time
  • Lenth of time without being able to work
  • Injury impact on your daily life
  • Need for external help for routine everyday activities like bathing, eating and more
  • Psychological and emotional trauma
  • Possible disfigurement or paralysis
  • Vehicle damage

What Will Spar &Bernstein Attorneys Do For My Motor Vehicle Accident Case?

Our experienced team will be by your side during the challenging post-accident period. We will:
  • Define liability
  • Gather evidence
  • Calculate losses
  • Advise you on filing a claim or a lawsuit
  • Communicate with insurance companies
  • Draft and filing of insurance claims
  • Draft and filing of lawsuits
  • Secure your legal representation
  • Defend your rights
  • Take your case to trial
  • Negotiate settlements
We will fight to ensure you receive the maximum compensation to improve your physical and psychological recovery.

Can I Hire A Motor Vehicle Accident Attorney If I Cannot Pay For The Legal Services?

At Spar & Bernstein, we do not require an upfront payment.

Once we reach a settlement or win your case, you pay only a percentage of the net compensation you receive. The fee is due only if and when we reach a successful outcome.

We ensure that regardless of your financial standing, you receive adequate legal representation.

To lay the foundation of our client-attorney relationship, we offer a free initial consultation to discuss your case and provide our transparent recommendations for next steps.

What Types of Personal Injury Lawyers Spar & Bernstein Has?