A crash takes seconds. The fallout, surgeries, missed work, an insurance adjuster pressuring you to settle, can last years. Segal Law Firm makes sure you don't pay for someone else's mistake.
We represent people injured in every kind of crash across New York: cars, trucks, motorcycles, bicycles, rideshares, and pedestrians. Whether the other driver was speeding, distracted, drunk, or just careless, we build the case that forces the insurance company to pay full value.
How motor vehicle claims actually work in New York
New York is a no-fault state. That means your own insurance pays initial medical bills and a portion of lost wages, but it does NOT pay for pain and suffering or the long-term cost of a serious injury. To get that, you have to bring a claim against the at-fault driver.
You can pursue a third-party lawsuit when you've suffered a serious injury under New York law, including a fracture, significant disfigurement, permanent limitation, or 90+ days of disability. We make sure your injuries are documented to meet that threshold.
What you may be entitled to recover
Medical bills (past & future)
Lost wages & earning capacity
Pain and suffering
Vehicle damage & rental costs
Permanent disability
Wrongful death damages
What to do right after a crash
Take these steps even if you feel okay, adrenaline masks serious injuries for hours.
Call 911 and get a police report
An official report is the single most important piece of evidence. Never leave the scene without one.
Photograph everything
All vehicles, the position on the road, license plates, skid marks, traffic signals, weather, and your injuries.
See a doctor today
Whiplash, concussions, and disc injuries often show up days later. A treatment gap is what insurers use to deny your claim.
Don't give a recorded statement
The other driver's insurer will call within 24 hours sounding helpful. Politely decline and call us first.
Why crash victims choose Segal
We rebuild the crash
Accident reconstructionists, black-box data, dashcam and traffic-cam footage, we lock in evidence before it disappears.
We handle every insurer
Your own no-fault carrier, the at-fault driver's liability carrier, UM/UIM, employer policies, nothing falls through the cracks.
Trial-tested negotiation
Carriers track which lawyers actually try cases. Ours pay more because they know we'll see them in court.
You focus on recovery
We arrange property damage, rental cars, medical providers and lien negotiation so your only job is healing.
Related situations
Injuries like these sometimes overlap with other areas of law. These pages may be helpful background, whether any of them applies to your situation is something an attorney would need to review with you.
Rear-ends, T-bones, head-ons, hit-and-runs. We pursue the at-fault driver and your underinsured coverage when their limits aren't enough.
Truck & 18-wheeler crashes
Trucking companies have teams on the scene within hours. We move just as fast, preserving black-box data, logs and maintenance records.
Motorcycle accidents
Riders face bias from juries and insurers. We counter the stereotypes and prove who actually caused the crash.
Bicycle & pedestrian
Cyclists and walkers hit by cars often have severe injuries. We pursue the driver, the vehicle owner, and any city negligence.
Uber, Lyft & rideshare
Rideshare companies carry up to $1.5M in coverage that most riders don't know about. We make sure it's accessed.
Bus & MTA collisions
Claims against the MTA or city require special 90-day notice. We file fast and preserve your right to sue.
Hit-and-run injuries
Even if the driver flees, your own uninsured-motorist coverage can pay. We pursue every available source.
Multi-vehicle pileups
When fault is shared across drivers, the apportionment fight is everything. We document who actually did what.
A deeper look
What a New York car accident claim is really worth, and how it gets there
Most people searching for a car accident lawyer in NYC have the same three questions: who pays, how much, and how long. Here is the honest answer, based on how these cases actually move through New York courts in Manhattan, Brooklyn, Queens, the Bronx, Long Island, and Staten Island.
Step one: no-fault benefits (and the 30-day trap)
Every registered New York vehicle carries $50,000 in Personal Injury Protection (no-fault) benefits. PIP pays your emergency care, follow-up treatment, prescriptions, and up to 80% of lost wages (capped at $2,000 a month for three years) regardless of who caused the crash. It does not pay a dollar for pain and suffering.
The single most common way a strong claim gets damaged is the no-fault application. Form NF-2 must reach the insurer within 30 days of the crash, and medical bills must be submitted within 45 days. Miss those windows and the carrier can deny the benefits outright, leaving you to pay treatment out of pocket while your injury claim is still pending. We file the paperwork for our clients on day one.
$50,000 in basic PIP per person
NF-2 filed within 30 days of the crash
Medical bills submitted within 45 days
Optional Basic Economic Loss riders can add $25K–$100K
Step two: clearing the serious injury threshold
To sue the at-fault driver for pain and suffering, New York Insurance Law § 5102(d) requires a 'serious injury.' The categories include death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation, significant limitation of use, and the 90/180 rule (a non-permanent injury that prevents substantially all of your usual activities for 90 of the 180 days after the crash).
Defense firms attack the threshold with two arguments: gaps in treatment and degenerative findings on MRI. Both are beatable, but only with the right proof. We build threshold evidence deliberately, quantified range-of-motion testing at multiple intervals, a treating physician's causation narrative, and a radiologist who can distinguish traumatic herniation from pre-existing degeneration.
Step three: finding every layer of coverage
A serious crash rarely has one policy behind it. New York's minimum liability limit is only $25,000 per person, which is nothing against a surgical case. Real recoveries come from stacking sources: the at-fault driver's policy, the vehicle owner's policy (New York holds owners vicariously liable under VTL § 388), an employer's commercial policy if the driver was working, an umbrella policy, and your own uninsured/underinsured motorist coverage.
Rideshare crashes are their own category. When an Uber or Lyft driver is en route to or carrying a passenger, a $1.5 million contingent liability policy applies. Between rides, a lower contingent policy applies. Which period the app was in decides which policy pays, so we subpoena the trip data early.
At-fault driver's liability policy
Vehicle owner liability under VTL § 388
Commercial or employer coverage
Uber/Lyft $1.5M contingent policy
Your own UM/UIM and SUM coverage
Excess and umbrella policies
Truck and 18-wheeler crashes are investigated differently
Tractor-trailer cases are governed by the Federal Motor Carrier Safety Regulations, which create evidence that ordinary car cases never have: hours-of-service logs, electronic logging device data, driver qualification files, pre- and post-trip inspection reports, drug and alcohol testing records, and maintenance histories. Much of it can be lawfully destroyed after six months.
That is why we send spoliation letters within days and, when needed, move for expedited discovery. Motor carriers also face claims for negligent hiring, negligent supervision, and unsafe dispatch practices, theories that reach the company's larger policy rather than the driver's.
Comparative fault: partial blame does not end your case
New York uses pure comparative negligence (CPLR § 1411). Even if you are found 70% responsible, you still recover 30% of your damages. Insurers routinely overstate a claimant's share, speeding, following distance, a missed seatbelt, to shave value, and unrepresented claimants often accept it.
In pedestrian and bicycle cases, New York City's 25 mph default limit, Vision Zero data, and intersection camera footage frequently flip the fault analysis entirely.
Timeline: what actually happens, month by month
Weeks 1–4: treatment begins, no-fault is filed, we send preservation letters for traffic-cam, dash-cam, and store surveillance footage before it is overwritten. Months 2–9: treatment continues and the medical record builds; most cases resolve here only if the injury is minor. Months 6–18: suit is filed, defendants answer, and written discovery and depositions proceed. Months 18–36: independent medical exams, expert exchange, mediation, and trial calendar.
Roughly 95% of New York motor vehicle cases settle. The ones that settle high are the ones the defense believes will be tried, which is why we prepare every file for a jury from the first week.
Deadlines that end claims early
Three years from the crash for a personal injury lawsuit (CPLR § 214). Two years for wrongful death. Ninety days to serve a notice of claim on the City of New York, the MTA, NYC Transit, a school district, or any municipal vehicle, with suit within one year and 90 days. Uninsured motorist claims often require written notice to your own carrier within 30 to 90 days under the policy.
Waiting is the most expensive decision an injured person makes. Witnesses relocate, footage is overwritten, and vehicles are repaired or scrapped.
Where we handle car accident cases
Segal Law Firm represents crash victims throughout New York City and Long Island, and we appear in the Supreme Courts of every borough as well as Nassau and Suffolk. Venue matters: the same injury can be valued very differently in Bronx County than in Richmond County, and we file where the law and the facts allow the strongest result.
Manhattan
Brooklyn
Queens
The Bronx
Staten Island
Long Island
Nassau County
Suffolk County
Westchester County
FDR Drive & BQE crashes
Cross Bronx & LIE crashes
Rideshare & taxi collisions
Frequently asked
Answers before you call
I was told my injuries aren't 'serious enough' to sue. Is that true?+
Not necessarily. New York's serious-injury threshold is broader than most people think, herniated discs, fractures, and conditions that limit you for 90+ days often qualify. Let us review your records before you accept that answer.
The other driver's insurance offered me a quick settlement. Should I take it?+
Almost never. Early offers are designed to close the case before your full medical picture is clear. Once you sign, you can't reopen it, even if you need surgery six months later.
What if the at-fault driver doesn't have enough insurance?+
Your own auto policy likely includes uninsured/underinsured motorist (UM/UIM) coverage that pays the difference. Most clients don't realize how much protection they already have.
How long do I have to file a claim in New York?+
Generally three years for personal injury from a crash, but only 90 days to file a notice of claim against a city, state, or MTA vehicle. Call us early to lock in the right deadline.
I was a passenger, can I still sue?+
Yes. Passengers almost always have a claim against the driver of either vehicle, even a friend or family member, because the claim is paid by the insurance company, not them personally.
Will I have to go to court?+
Most car accident cases settle before trial. But we prepare every file like it's headed to a jury, that's what makes insurers pay full value.
How much is my NYC car accident case worth?+
Value comes from four inputs: the severity and permanence of the injury, the treatment (injections and surgery move value the most), documented wage loss, and the amount of insurance available. Soft-tissue cases with conservative care generally resolve in the low five figures; herniations with injections often land in the mid five to low six figures; surgical cases, fractures, and permanent impairment routinely reach six and seven figures when coverage exists. Any lawyer who quotes a number before reading your records is guessing.
Do I have to use my own insurance first?+
Yes. New York is a no-fault state, so your own PIP coverage pays initial medical bills and part of your lost wages no matter who caused the crash. Using it does not raise your rates for a no-fault crash and does not replace your right to sue the at-fault driver for pain and suffering.
What if I was hit by an Uber or Lyft driver?+
Rideshare companies carry a $1.5 million contingent liability policy that applies while the driver is en route to a rider or carrying one. A smaller contingent policy applies when the app is on but no ride is accepted. We subpoena the trip data to establish which period applies.
What if the crash involved an MTA bus or city vehicle?+
You have only 90 days to serve a notice of claim, and the lawsuit must be filed within one year and 90 days. There is also usually a statutory 50-h hearing before suit. These deadlines are strict and are the most common way valid claims are lost.
Can I still recover if I was partly at fault?+
Yes. New York follows pure comparative negligence, so your recovery is reduced by your percentage of fault but never eliminated. Insurers routinely overstate your share, which is one reason represented claimants recover more.
Do I need a lawyer for a minor accident?+
If you were not injured and only your vehicle was damaged, probably not. If you received any medical treatment, spoke with an adjuster, or have symptoms that are not resolving, a free consultation costs nothing and prevents the mistakes that lower value later.
Contact
Hurt in a crash? Let's talk today.
Free consultation. No fee unless we win. We come to you if you can't come to us.
