Ask the Experts: Auto Accident & Personal Injury Law with Attorney Michael Licatesi
In this comprehensive expert discussion, New York personal injury attorney Michael A. Licatesi shares valuable insights on auto accident injury claims, compensation, and your legal rights. With over 40 years of combined firm experience and $100M+ recovered for clients, learn what steps to take after a car accident, how injury cases are valued, and why immediate legal representation matters.
Watch the full expert discussion above, or read the key insights and transcript below
Key Takeaways
- 1.Act Immediately: Call 911, seek medical attention, and contact an attorney within 30 days to preserve your no-fault insurance benefits.
- 2.Never Admit Fault: Avoid apologizing or making statements at the scene that could be used against you later.
- 3.Document Everything: Take photos of vehicle damage, injuries, road conditions, and gather witness contact information.
- 4.Understand New York's Serious Injury Threshold: You must meet specific criteria to step outside no-fault and sue for pain and suffering.
- 5.Don't Accept First Offers: Insurance companies typically offer 10-30% of your case's true value initially. Consult an attorney first.
- 6.Time Limits Matter: You have 30 days for no-fault claims, 90 days for government claims, and 3 years for personal injury lawsuits.
- 7.Partial Fault Doesn't Bar Recovery: New York's pure comparative negligence allows recovery even if you're partially at fault - your damages are simply reduced by your fault percentage.
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Full Interview Transcript: Ask the Experts Radio Show
Recorded on W4CY Radio - March 30, 2026 • Host & Attorney Michael Licatesi
1Introduction: Why Personal Injury Expertise Matters
HOST:
"Hey, good morning New York. Welcome to another Ask the Expert Show where for the last 16 years, we have been bringing you the top experts in the field of legal, health, financial, and home improvement. For the last three years, you've been asking us to bring on an expert in automobile accidents, slip and falls, wrongful death, even dog bites. And I just got to tell you, we have had zero openings. Last month, it's sad. One of our New York, New Jersey experts passed away... I feel like I'm so blessed that God brought us one of the top personal injury law firms in not only New York, but also in New Jersey. Let me introduce you to attorney Michael Licatesi."
MICHAEL LICATESI:
"Good morning. Thank you for having me and I appreciate that introduction. Personal injury is a phenomenon that's nationwide, but people still don't know how to navigate it. And I think one of the complexities is how intricate the insurance companies are. It makes it difficult for lay people to navigate the insurance claims because they're designed not to pay you. And that's why we do what we do."
2Real Case: $2,500 vs. $225,000 Settlement
Cautionary Tale: Why You Need an Attorney
HOST SHARES PERSONAL STORY:
"My son in Dallas, Texas, who thinks he is the best negotiator in the world, said to me after his accident, 'I'm not going to hire an attorney. I can deal with these insurance companies.' And I got to tell you, he ended up settling for about $2,000 when he will even admit to you—'I was lost in the negotiations. They were so good at what they do.' The money I thought I was saving, I left it on the table. I could have probably settled for $80,000 or $90,000. He said, 'I will tell anyone, I don't care how good a negotiator they are, you've got to hire an attorney.'"
MICHAEL LICATESI:
"And I think that's the most powerful part about having these conversations. We had a case where a woman came to me in a very similar scenario, young woman. The insurance companies are now designed to make offers as soon as an accident happens. Sometimes they'll offer you $1,500, $2,000, $2,500, maybe sometimes all the way up to $5,000."
"This young girl came to us and said, 'Mike, I signed the insurance release and they sent me the money and it was for $2,500. What do I do?' I said, 'Send the money back. Let's rip up the release and let's go after them.'"
"About a year and a half later, within 18 months... unfortunately she was about 26, 27 years old. She needed knee surgery and we settled the case for over $200,000. I think the settlement was about $225,000 and she got over a hundred times what she was originally offered by the insurance company."
HOST:
"And they think that the first offer may be the best offer. And they may just accept the money because of something they're going through with their family..."
MICHAEL LICATESI:
"Which we understand, but there's certain ways for us to navigate that. And one of the most important things to understand is if you're in a car accident, we can make sure that you get paid lost wages. So having a free consultation with an attorney is so important because we say, 'Take a deep breath. We're here with you. We'll get you paid those lost wages so you can support your family and you can recover.' And by getting better, there's nothing you really need to do outside of taking care of your health. And as you do that, you're building a case at the same time. We're doing the legal work. You're focusing on yourself."
340 Years of Family Legacy & Recent $4M Verdict
HOST:
"Michael, tell me about the firm. When did you start the firm?"
MICHAEL LICATESI:
"My father established the practice about 40 years ago. It's been family-run. I started working here when I was about 11. I've been really working in the legal field here for a little over 10 years. I started out as a trial attorney and I was in the Appellate Division, one of the higher courts in New York, arguing cases throughout the federal courts, Court of Claims against New York State, in the Supreme Court of New York."
"Then I decided to take on a different approach and help more people. And that's why I'm here today—because I felt that our firm should help more people because we're putting our clients first. Attorneys have the power to change laws, to change people's lives, to hold accountability. That's an extremely powerful thing that we can do."
"I'd love to tell you about a verdict I got last week. I sat in court last week with one of our trial attorneys, myself and my client, and we got a $4 million verdict. You just see my client crying and hugging. And those are the types of reactions and human connections of why we do what we do."
4The Best Lawyers vs. The Best Marketers
HOST:
"I remember the days where if you didn't have a full yellow page ad as a personal injury attorney, people just skipped over you. And finally, we went to websites... but I don't think people really understand—it's not who's got the biggest and longest and best commercials. It's the firm that's going to take care of you from day one."
MICHAEL LICATESI:
"The best lawyers aren't getting most of the cases. It's the best marketers. Took me a while to understand that. I would get an influx of cases on a weekly basis. 'Mike, can you please help me? I hired this other lawyer. He hasn't filed a lawsuit yet. I'm not sure what to do.'"
"As I continued to represent clients over the last decade, I realized that I need to get my story out there to give people better representation. People will see the Morgan and Morgan ads or the big firms out there—their marketing budget is larger than the GDP of certain countries. It's insane to think about that."
"I believe in personal attention. Although we do represent a good amount of clients, we still make sure that attention to detail and quality is always there. Is the managing partner meeting with the attorneys and reviewing your file as much as they should be? Just because you see an ad on TV doesn't mean they're doing that. You have to meet the person in person and have that conversation with them."
5The "DAD" Method: First Steps After an Accident
MICHAEL LICATESI:
"When you're involved in an accident, let's make an acronym today. D-A-D. You document, you call your attorney, and you go to the doctor."
D - DOCUMENT
- Call the police
- Take photos
- Take videos
- Get insurance information from the other driver
A - ATTORNEY
- Contact your attorney BEFORE you speak to anybody
- Get guidance on what to say (and what NOT to say)
D - DOCTOR
- Go to the doctor right away
- Get seen immediately to protect your claim
"If you can document it with the police, take videos and photos, get seen by a doctor right away, and contact your attorney, you should be okay because your claim's protected because you went to the doctor and you spoke to your attorney, so you know how to explain your case to the insurance company."
Real Example: How One Statement Can Ruin Your Case
"I had a client call me a few weeks ago and he said, 'Mike, I was making a left turn and then I was rear-ended right after I completed the turn.' I said, 'Wait, so you were rear-ended?' He said, 'Yes.' I said, 'Well, how long after your turn were you rear-ended?' 'Oh, I completed my turn for like 30 seconds and then I was rear-ended.'"
"The point is that whenever an insurance company hears 'I was making a left turn,' they're going to apportion fault to you for the accident. So when you call your attorney first, I'd say, 'Listen, don't mention anything about a left turn because you already completed it 30 seconds before. Just let them know that you were proceeding straight with the right of way and you were rear-ended.' That's why you contact an attorney. As soon as you say that statement, it's recorded. It sticks with the insurance company and you're never settling your case on your own."
6Uninsured Motorist Coverage: Why It's Critical
LISTENER QUESTION:
"Insurance rates have gone up so much. There's a lot of people out there who do not have auto insurance. What do you do if you're in an accident and the person doesn't have auto insurance?"
MICHAEL LICATESI:
"If there's one thing that listeners take out from this next year from our talk show, it's to make sure that you have SUM coverage—Supplementary Underinsured Motorist Coverage or Uninsured Motorist Coverage (UM coverage)."
"Let's put it into a hypothetical. You're driving, another car blows through a stop sign and hits you. That car that hits you doesn't have insurance. It was a stolen vehicle. They couldn't pay their premiums. There's no registration. Whatever the situation, your insurance will have that UM policy and we can file a claim to make sure that your own insurance company pays."
"Now, the next question clients say is, 'Well, I don't want to use my insurance. Why would I use my insurance?' Well, first of all, you have no other choice. But second of all, that's why you have insurance."
"The increase in premiums versus what you may receive from a case is apples to oranges. If you have a $100,000 UM policy and you're really hurt and you resolve a case for $100,000, it's a substantial amount of money when you're talking about maybe a nominal increase in premiums. And if it's your first accident and you're not at fault, there shouldn't really be an increase in premiums."
"If your attorney tells you, 'We have to use your insurance company and I promise you, I swear to you, that the insurance premiums will never go up,' he's full of it. You have to be very skeptical when you have those conversations with attorneys because some of them will be in it for the money and some of them will be in it to have your best interest in mind."
Real Case: Why High UM Coverage Matters
MICHAEL LICATESI:
"I represented a kid who was hit by a woman that was on drugs at the time. He was about 11 years old. She ran over his leg and the injury was so bad that they had to shave down his leg and he walked with a limp for the rest of his life."
"The woman that hit him only had a $25,000 policy."
"Now, in that scenario, you can use your own insurance. If he's living with his family and his parents have a vehicle, they can use their insurance, but their insurance has to exceed $25,000 in order for you to use it."
"If you have the minimum policy at home, that's a problem because you're never going to be able to get additional money if there's such a substantial accident. For example, if this family had $100,000, $250,000, $500,000 or more on their premium, then their child would have been protected."
"I have increased my UM coverage significantly to make sure that if me or my kids or my wife were ever in a bad accident, they would be fully protected."
7Full-Service Personal Injury: What We Handle
MICHAEL LICATESI:
"We're a full-service personal injury firm, which I love because when somebody comes to our office, I can typically represent most people."
Standard Personal Injury:
- Construction accidents
- Motor vehicle accidents
- Trip and fall accidents
- Dog bite cases
Complex Cases:
- Medical malpractice
- Nursing home abuse
- Infectious disease cases
- Products liability
"We take wacky fact patterns if we can find liability. We've taken infectious disease cases against big grocery companies. We settled one recently for a few million dollars where somebody ate frozen food from a grocery store that everybody knows and they went blind because they had listeria. We linked it to a recall."
"We take on medical malpractice cases—even complex cases where the doctor or the hospital deviated from the medical standard, we can take those cases."
Nursing Home Abuse Cases:
"I enjoy taking these cases to stand up for the elderly. We've seen the most horrific cases of bed sores that's the size of someone's spine. We've seen cases where elderly are abused and attacked and beat up. There's certain laws under the public health laws that protect the elderly which we're able to use at our disposal."
8No Fees Unless We Win: Understanding Contingency
LISTENER QUESTION:
"Is there a charge at all for a consultation?"
MICHAEL LICATESI:
"There is not a charge for a consultation. That's why I urge clients—as soon as you're involved in an accident, call a personal injury attorney whether it's us or somebody else because that initial call could just be a two to five minute phone call to see if you do have a case or we can direct you in the right direction at no cost."
How Our Fees Work:
- ✓The only time you pay us is if we win
- ✓Our fees are governed—one-third (standard industry rate)
- ✓Fee and expenses come out at the end
- ✓We pay all costs upfront: Medical records, postage, process servers, depositions, expert witnesses
"Throughout the case, you want to go with the firm that can upfront all the costs with you. There are some firms that may not have the bandwidth to upfront all the costs... but all of those costs we will pay for and then it comes out of the case at the end."
Contact Licatesi Law Group
Email:
"We can set up a time to speak. You can also message us through Instagram or call us directly."
Understanding New York Auto Accident Law
New York operates under a "no-fault" insurance system, which makes it significantly different from most other states. Understanding how this system works is crucial to protecting your rights and maximizing your compensation after a car accident.
According to Michael A. Licatesi, Managing Partner at Licatesi Law Group, LLP, "Many accident victims don't realize that New York's no-fault system has strict time limits and procedural requirements. Missing the 30-day deadline for filing no-fault benefits can cost you tens of thousands of dollars in medical coverage."
The no-fault system means that after most car accidents, you'll first turn to your own insurance company for coverage of medical bills and lost wages, regardless of who caused the crash. Your Personal Injury Protection (PIP) coverage pays up to $50,000 for:
- Medical expenses (100% of reasonable and necessary costs)
- Lost earnings (80% of lost wages, up to $2,000/month for 3 years)
- Other reasonable expenses (household help if you can't perform normal activities)
However, no-fault insurance does NOT cover pain and suffering, property damage, or damages exceeding $50,000. This is where understanding the "serious injury threshold" becomes critical.
The Serious Injury Threshold: Your Right to Sue
To step outside the no-fault system and sue the at-fault driver for pain and suffering damages, your injury must meet New York's "serious injury threshold" as defined under Insurance Law § 5102(d).
"This threshold is intentionally high," explains Attorney Licatesi. "Insurance companies and defense lawyers aggressively fight to keep cases within no-fault because it limits their exposure. That's why thorough medical documentation and expert testimony are essential."
The serious injury 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
- Medically determined injury preventing substantially all usual activities for at least 90 of the first 180 days after the accident
Meeting this threshold unlocks your ability to recover full compensation including pain and suffering, which can be the most substantial part of your damages - often hundreds of thousands or even millions of dollars depending on the severity and permanence of your injuries.
Common Insurance Company Tactics to Avoid
Insurance companies are for-profit businesses whose goal is to minimize payouts. Attorney Licatesi warns about common tactics used to devalue or deny legitimate claims:
Watch Out For These Tactics:
- Quick Settlement Offers: Lowball offers made before you know the full extent of your injuries
- Recorded Statements: Tricking you into making statements that harm your case
- Social Media Surveillance: Monitoring your profiles for evidence to discredit your injury claims
- Delay Tactics: Dragging out the process hoping you'll accept less out of desperation
- Minimizing Injuries: Arguing your injuries aren't serious enough to meet the threshold
- Blaming Pre-Existing Conditions: Claiming your injuries existed before the accident
- Disputing Medical Necessity: Denying coverage for treatments deemed "unnecessary"
"Having an attorney handle all communications with insurance companies is crucial," Licatesi emphasizes. "One wrong statement can permanently damage your case. Let your lawyer do the talking."
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