Injured in a NYC Crash? How to Maximize Your Compensation

First Steps After a NYC Crash

Your health and safety come first. Seek medical care immediately and follow your provider’s treatment plan. Call 911 to report the collision and request a police response. Exchange information with all drivers and identify witnesses if it is safe to do so. Take photos or video of vehicle positions, damage, roadway conditions, traffic controls, and visible injuries. Notify your insurance company promptly, but consider speaking with counsel before giving recorded statements to any insurer, including your own.

Understanding New York’s No-Fault Benefits (PIP)

New York generally provides Personal Injury Protection (PIP) benefits to most injured vehicle occupants regardless of fault, subject to policy terms and limits. PIP can cover reasonable and necessary medical expenses and a portion of lost earnings, along with certain incidental costs, up to policy limits. See Insurance Law § 5102 and the court system’s overview of no-fault CourtHelp: No-Fault. To preserve benefits, submit the required application to the appropriate insurer and provide requested documentation. Keep detailed records of treatment, mileage, and out-of-pocket expenses.

When You Can Sue Beyond No-Fault: The Serious Injury Threshold

To pursue non-economic damages (e.g., pain and suffering) against a negligent driver, a plaintiff must meet New York’s statutory “serious injury” threshold. See Insurance Law § 5102(d) (defining “serious injury”) and Insurance Law § 5104 (limiting lawsuits absent a serious injury). Qualifying categories include:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined non-permanent impairment that prevents you from performing substantially all of the material acts that constitute your usual and customary daily activities for a period of time

Documentation from qualified medical providers is often critical to establishing that an injury meets one of these categories.

Comparative Negligence: Why Fault Still Matters

New York applies pure comparative negligence, which means your compensatory award can be reduced by your percentage of fault, but you are not barred from recovery solely because you were partially at fault. See CPLR § 1411. Evidence clarifying how the crash occurred—such as dashcam footage, event data recorders, scene measurements, and credible witness statements—can directly influence fault allocation and the value of your claim.

Key Evidence That Strengthens Your Claim

• Police accident report and any MV-104 filed by involved drivers
• Emergency and follow-up medical records, imaging, and provider narratives tying injuries to the crash
• Proof of lost earnings and benefits (pay stubs, employer letters, tax records)
• Expert opinions (treating physicians, life-care planners, economists, accident reconstructionists)
• Photographs, video, 911 audio, and traffic camera footage where available
• Vehicle damage estimates and repair records
• A contemporaneous pain and limitations journal documenting symptoms and activity restrictions

Dealing With Insurance Companies

Expect insurers—yours and the other driver’s—to evaluate liability, causation, and damages. Provide timely, accurate documentation, but avoid speculation. Be cautious with broad medical authorizations and recorded statements without advice of counsel. If you receive an Independent Medical Examination request or an examination under oath, prepare with your attorney. Do not accept a settlement until you understand the full extent of your injuries, future care needs, and how comparative fault might be argued.

Deadlines and Notices

Claims and lawsuits are governed by strict time limits in New York, and additional notice requirements may apply when a public entity is involved. PIP benefits also have prompt notice and application requirements. Because timelines can vary based on case type, parties, and coverage, consult counsel as early as possible to avoid missing a deadline.

Special Issues in NYC Crashes

• Rideshare, delivery, and commercial vehicles: Different liability coverages and notice requirements may apply.
• Municipal liability: Claims involving city-owned vehicles or roadway defects can trigger specialized notices and shorter timelines.
• Uninsured/underinsured motorist (UM/UIM) claims: Your own policy may provide coverage if the at-fault driver lacks adequate insurance.
• Multiple defendants: Construction zones, contractors, and vehicle owners can introduce additional responsible parties and theories of liability.

Strategies to Maximize Your Compensation

• Seek timely, consistent medical treatment and follow recommendations
• Preserve and organize evidence from day one
• Track all crash-related expenses and wage losses
• Limit social media that could be misconstrued about your activities or recovery
• Consult an attorney early for guidance on the serious injury threshold, damages proof, and insurer communications
• Consider early expert involvement in cases with disputed liability or complex injuries

What an Attorney Can Do for You

A New York personal injury attorney can identify available coverages, meet notice and filing requirements, coordinate PIP and health insurance benefits, retain appropriate experts, evaluate whether your injuries meet the serious injury threshold, negotiate with insurers, and, when necessary, litigate your case.

FAQ

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

Deadlines vary by claim type and parties involved. Some claims require notices within as little as 90 days. Speak with an attorney immediately to determine your specific statute of limitations and notice requirements.

Can I recover if I was partially at fault?

Yes. Under New York’s pure comparative negligence, your recovery is reduced by your percentage of fault but not eliminated.

Do I have to use my health insurance if I have PIP?

PIP is typically primary for crash-related medical bills up to policy limits. Health insurance may apply after PIP is exhausted, depending on your plans and policies.

What if the other driver is uninsured?

You may have uninsured/underinsured motorist coverage under your own policy that can apply. Prompt notice is critical.

Ready to protect your claim? Contact us now for a free consultation.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws, procedures, and deadlines can change and may vary based on your situation; consult a qualified New York attorney about your specific matter.