Car Accident Lawyer in New York City
Representing drivers, passengers, pedestrians, and cyclists injured in motor vehicle accidents across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
Overview
What This Practice Covers — and Who Needs It
A car accident case in New York is a two-track legal matter. The first track is the no-fault insurance claim, which pays medical bills and a portion of lost wages regardless of who was at fault for the accident. The second track is the third-party personal injury lawsuit against the at-fault driver, which seeks compensation for pain and suffering and other losses beyond what no-fault covers. Both tracks have strict deadlines and specific procedural requirements, and mishandling either can permanently limit what an injured person recovers.
Yazdi Law represents clients across the full range of motor vehicle accident matters — car accidents, truck and bus accidents, motorcycle accidents, rideshare (Uber and Lyft) accidents, pedestrian-versus-vehicle collisions, bicycle crashes, and hit-and-run cases. Our clients include drivers and passengers with injuries ranging from soft-tissue strains to spinal injuries, fractures, traumatic brain injuries, and catastrophic or fatal outcomes. We handle cases on contingency under Judiciary Law § 474-a, so there is no fee unless we recover compensation. We also handle Farsi-speaking clients in their preferred language. If you have been in an accident in New York City or the surrounding counties, call (917) 565-7286 — time-sensitive deadlines start running the moment the accident occurs.
Legal Foundation
The Legal Framework
New York car accident claims are governed primarily by Insurance Law Article 51 (the No-Fault Law), common-law negligence principles, and the Civil Practice Law and Rules (CPLR). Each has specific provisions that shape how a case must be handled from day one.
No-fault coverage
Under Insurance Law § 5103, every motor vehicle registered in New York must carry no-fault coverage (also called Personal Injury Protection, or PIP) that provides up to $50,000 in basic economic loss benefits to people injured in the vehicle, regardless of who caused the accident. Under Insurance Law § 5102(a), basic economic loss includes all reasonable medical expenses, 80% of lost wages up to $2,000 per month for three years, and up to $25 per day in other reasonable and necessary expenses. To preserve eligibility, a written no-fault application (Form NF-2) must be filed with the correct insurance carrier within 30 days of the accident. Late applications are routinely denied unless clear and reasonable justification is shown.
The serious injury threshold
Because no-fault exists, Insurance Law § 5104(a) restricts when an injured "covered person" can sue another covered person for pain and suffering. The injured person must either exceed $50,000 in basic economic loss or meet the "serious injury" threshold defined in Insurance Law § 5102(d). The threshold has nine enumerated categories, including death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, and a "90/180-day" category for medically determined injuries that prevent substantially all usual activities for 90 of the first 180 days after the accident. Meeting the threshold is a fact-specific, medically documented analysis — the Court of Appeals in Toure v. Avis Rent A Car Systems confirmed that objective medical evidence such as MRIs and quantified range-of-motion findings is required. Motorcyclists are a notable exception — they are not covered by no-fault and can sue the at-fault driver without meeting the threshold.
Statute of limitations
A personal injury action arising from a motor vehicle accident must be commenced within three years of the accident under CPLR § 214(5). Wrongful death claims have a separate two-year deadline under EPTL § 5-4.1. Claims against municipal defendants — including the City of New York, the MTA, or the Transit Authority — require a Notice of Claim within 90 days under General Municipal Law § 50-e and a lawsuit within one year and 90 days under § 50-i. Missing these deadlines generally bars the claim regardless of merit.
Venue
Motor vehicle cases are commenced in the Supreme Court of the county where the plaintiff or defendant resides or where the accident occurred — typically New York County Supreme Court at 60 Centre Street, Kings County Supreme Court, Queens County Supreme Court, or Bronx County Supreme Court for the four most populous boroughs.
How It Works
The Process, Step by Step
A typical motor vehicle accident case at Yazdi Law proceeds as follows.
Immediate steps after the accident
If you have been injured, get medical evaluation the same day when possible — both for your health and for the documentation that the case will require. Obtain a copy of the police accident report (Form MV-104A). Photograph vehicle damage, the scene, and any visible injuries. Get contact information from witnesses. Do not give a recorded statement to any insurance adjuster before speaking with an attorney.
Initial consultation
We discuss the accident, injuries, medical treatment received, the insurance situation (your own policy, the other driver's policy, any available umbrella coverage), and any communications with insurers. We identify approaching deadlines — particularly the 30-day no-fault application window and, if a municipal defendant is involved, the 90-day Notice of Claim deadline. If we accept the case, we provide a written retainer agreement that complies with 22 NYCRR § 1215.1.
No-fault application
We file the NF-2 application with the appropriate insurance carrier within the 30-day window to preserve your eligibility for medical and wage benefits. We track medical provider billing and dispute improper denials of no-fault benefits where warranted.
Investigation and liability development
We obtain the full police report, witness statements, available surveillance or dashcam footage, and any applicable cell phone records or black-box data. For serious cases we retain accident reconstructionists. We work with your treating physicians to develop the medical documentation required to meet the serious injury threshold — this is where cases are won or lost.
Pre-suit settlement demand
Once you have reached maximum medical improvement (or a point where your prognosis is reasonably clear), we prepare and send a detailed demand package to the at-fault driver's liability insurer. The package documents liability, damages, medical treatment, wage loss, and threshold evidence. Many cases settle at this stage when the demand is well-supported.
Litigation
If pre-suit negotiations do not produce an acceptable settlement, we file suit in the appropriate Supreme Court, serve the defendants, and proceed through the standard CPLR discovery process — bills of particulars, document exchanges, depositions (examinations before trial), independent medical examinations, and motion practice under CPLR § 3212 addressing the threshold issue. Many cases settle during or after discovery as the evidence develops.
Trial or settlement
Cases that do not settle proceed to trial in Supreme Court. Trial courts in the five boroughs handle these cases with juries on both liability and damages.
Realistic timeline
Straightforward cases with clear liability and well-documented injuries often settle within 12 to 24 months of the accident. Cases that require litigation through depositions and motion practice typically take 24 to 48 months. Complex cases involving catastrophic injuries, multiple defendants, or contested liability may extend further. Settlement is possible at any stage.
What to Watch For
Common Pitfalls and How We Avoid Them
Several recurring mistakes reduce recoveries or eliminate them entirely.
Missing the 30-day no-fault deadline
The NF-2 application must reach the correct insurance carrier within 30 days of the accident. People sometimes delay while focused on medical care, sometimes send the form to the wrong carrier, and sometimes never receive the form from their provider. We file the application immediately after retention and track the carrier's response.
Giving recorded statements to adjusters
Insurance adjusters often call within days of the accident asking for "a quick statement to process your claim." These statements are almost always used later to minimize the case. Even cooperative-sounding questions are crafted to elicit answers that undermine liability or downplay injuries. We handle all communication with insurers after retention and instruct clients to refer adjusters to the firm.
Inadequate medical documentation for the threshold
The serious injury threshold is the most common reason valid cases fail. Gaps in treatment, failure to obtain MRIs or quantified range-of-motion findings, or treating physicians' notes that don't use the specific language required by case law can all produce threshold dismissals. We work directly with treating providers to ensure the medical record supports the threshold categories the case depends on.
Failing to identify all sources of recovery
Many clients assume a case is limited to the at-fault driver's policy. In reality, additional coverage may be available through uninsured/underinsured motorist (SUM) endorsements on the client's own policy, umbrella policies, commercial or employer policies (for rideshare, delivery, and taxi cases), and other channels. We identify every available source of recovery at the outset.
Accepting early lowball settlement offers
Insurers routinely offer quick settlements before medical treatment has run its course and the full extent of injuries is known. Accepting early typically forecloses later recovery for injuries that worsen or require surgery. We do not settle until the client's medical picture is reasonably stable unless there is a compelling reason to accept an early offer.
Free Consultation
Injured in a car accident? Discuss your case with an experienced New York car accident attorney. No fee unless we recover.
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Costs and What's Included
Motor vehicle accident cases at Yazdi Law are handled on a contingency fee basis under Judiciary Law § 474-a. There is no fee unless we recover compensation for you. New York's Court Rules cap contingency fees for motor vehicle cases at a maximum of 33⅓% of the net recovery in most matters, with a sliding scale applying in certain case types. The exact fee percentage and scope of representation are discussed at the consultation and set out in a written retainer agreement before any work begins.
Case costs — the expenses of developing the case, including accident reconstruction, medical record retrieval, expert witness fees, deposition costs, filing fees, and transcription — are advanced by the firm and only repaid from any recovery. If the case does not produce a recovery, the client owes nothing. The client pays no out-of-pocket costs during the pendency of the case.
At the consultation we provide a candid assessment of likely case value, the claims we believe are available, and realistic fee and cost expectations. We encourage questions about pricing upfront — the fee arrangement should be fully understood before representation begins.
FAQ
Frequently Asked Questions
I was in a car accident but I feel mostly okay. Should I still see a doctor?
How much is my car accident case worth?
What if the driver who hit me doesn't have insurance?
Can I still bring a case if the accident was partly my fault?
Schedule a Consultation
If you or a family member has been injured in a car, truck, motorcycle, rideshare, or pedestrian accident in New York City, call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free. Motor vehicle accident cases are handled on contingency — no fee unless we recover. Representation is available in English and Farsi.
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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Statutory citations, court procedures, and deadlines reflect New York law as of the date of publication and may change. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.