Hurt in a Brooklyn Wreck? Protect Your Legal Rights

What To Do Right After a Brooklyn Crash

Your health and safety come first. Call 911 to request medical help and police response. If it’s safe, move to a secure location and turn on hazard lights. Exchange information with all drivers and take photos or video of vehicle positions, damage, road conditions, traffic controls, and visible injuries. Get names and contact details for witnesses.

Seek prompt medical evaluation—even if you feel okay—because some injuries surface later and early records support your claim. Notify your insurance company promptly and keep copies of everything you submit.

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

New York is a no-fault state for motor vehicle accidents. Most injured occupants first turn to their own Personal Injury Protection (PIP) for medical expenses and certain economic losses, regardless of fault. See Insurance Law § 5102 (definitions) and Insurance Law § 5103 (mandatory PIP benefits). PIP generally does not cover pain and suffering; non-economic damages are available in tort only if you meet the serious injury threshold described below. See Insurance Law § 5104(a).

PIP has strict notice and documentation rules. Written notice to the no-fault insurer is typically required within 30 days of the crash (subject to limited exceptions), and medical bills and wage proofs must be submitted within specified timeframes. See the NY Department of Financial Services guidance on no-fault claims and deadlines: DFS No-Fault Auto Insurance. Submitting forms on time and following your insurer’s medical management rules help keep benefits flowing.

When You Can Sue the At-Fault Driver

You can pursue a liability claim against a negligent driver when your injuries qualify as a “serious injury” under New York law—such as significant disfigurement, fractures, or other statutorily defined impairments. See Insurance Law § 5102(d) and the limitation on non-economic recovery in § 5104(a). Even when PIP applies, a liability claim may cover pain and suffering, full lost earnings, and future losses not covered by PIP.

Evidence that helps prove fault includes police crash reports, scene photos, dashcam footage, vehicle data, surveillance video, and eyewitness statements. Move quickly to preserve time-sensitive evidence.

Comparative Fault in New York

New York follows a pure comparative negligence rule. If more than one person contributed to the crash, each party’s compensation is reduced by their percentage of fault. Even if you were partly at fault, you may still recover damages from other responsible parties. See CPLR § 1411.

Deadlines and Required Notices

Car crash claims involve multiple time-sensitive steps in New York:

• No-fault notice: Written notice to the PIP insurer is generally due within 30 days of the accident (exceptions may apply). See DFS No-Fault guidance.
• Statute of limitations: Negligence actions for personal injury are generally subject to a three-year limitations period from the date of the accident. See CPLR § 214(5).
• Claims against government entities: Many NYC and municipal claims require a formal notice of claim within 90 days of the incident. See General Municipal Law § 50-e.
• Other special deadlines: Wrongful death claims generally must be brought within two years. See EPTL § 5-4.1.

Missing a notice or filing deadline can limit or bar recovery. A lawyer can determine which timelines apply and ensure the right papers are filed with insurers, agencies, or courts.

Dealing With Insurers

Expect insurers to request medical records, recorded statements, and authorizations. Provide accurate information, but avoid speculating about fault or injuries. Do not sign broad releases or accept a quick settlement before you understand the full extent of your injuries and future care needs. Keep a treatment diary, save all bills and receipts, and track missed work and out-of-pocket costs.

Common Causes of Brooklyn Crashes

Frequent factors include speeding, failure to yield, unsafe lane changes, distracted driving, intoxication, poorly timed signals, and pedestrian or cyclist conflicts at busy intersections. Construction zones, double-parked vehicles, and delivery traffic can create sudden hazards. Identifying all contributing causes helps determine which parties—and insurance policies—may be responsible.

Types of Compensation You May Recover

Depending on the facts and applicable insurance, recoverable damages may include medical expenses, rehabilitation, lost wages and earning capacity, household services, transportation to treatment, and—when legally available—pain and suffering and loss of enjoyment of life. In serious cases, future medical care, life-care planning, and vocational losses may be significant components of a claim.

How a Lawyer Can Help

Your attorney can coordinate no-fault benefits, investigate fault, preserve video and vehicle data, work with medical experts, calculate damages, and handle negotiations with multiple insurers. If needed, they can file suit and litigate to protect your rights. Early involvement helps secure evidence that can disappear quickly in New York City, such as private surveillance footage and dashcam data.

Practical Tips to Protect Your Claim

• Get medical care and follow doctor’s orders.
• Keep a folder with police reports, insurance letters, medical records, and receipts.
• Take photos of injuries as they evolve.
• Avoid posting about the crash on social media.
• Do not discuss fault at the scene beyond exchanging required information.
• Consult a New York injury lawyer before giving recorded statements or signing releases.

FAQ

Do I have a case if my injuries seem minor?

PIP covers basic economic losses even for minor injuries. To sue for pain and suffering, you must meet New York’s “serious injury” threshold; your medical records will help determine this.

How long do I have to file a lawsuit?

Generally three years from the accident for negligence claims, but shorter notice deadlines can apply, especially for municipal defendants.

What if I was partly at fault?

New York’s pure comparative negligence allows recovery reduced by your share of fault.

Can I pursue the other driver’s insurer while receiving PIP?

Yes. PIP pays first for basic economic loss; a separate liability claim may address non-economic damages and losses beyond PIP if you meet the threshold.

What if the at-fault driver is from out of state?

You can still bring a New York claim if the crash occurred here; jurisdiction and insurance issues may affect where and how you file.

Free Consultation

If you were hurt in a Brooklyn wreck, our team can review your options, explain insurance benefits, and outline next steps. We handle communications with insurers so you can focus on recovery. Request a free consultation.

Key New York legal sources

• Insurance Law § 5102 (definitions; “basic economic loss” and “serious injury”).
• Insurance Law § 5103 (mandatory PIP benefits).
• Insurance Law § 5104(a) (non-economic loss requires “serious injury”).
• CPLR § 1411 (pure comparative negligence).
• CPLR § 214(5) (three-year limitations period for negligence).
• GML § 50-e (90-day municipal notice of claim).
• EPTL § 5-4.1 (wrongful death limitations period).
• NY DFS No-Fault Auto Insurance (consumer guidance on 30-day notice and benefit rules).

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