Brooklyn Auto Accident Lawyers

New York is a 'no-fault' state: eligible medical bills and part of lost wages, within $50,000 of basic economic loss per person, are claimed without proving who caused the accident (Insurance Law 5102(a)). An occupant claims against the insurer of the vehicle they were in, and a pedestrian against the insurer of the vehicle that struck them; unknown or uninsured vehicles follow special household-policy and MVAIC rules. No-fault does not pay pain and suffering or property damage; those come from a claim against the at-fault driver.

Within the $50,000 basic economic-loss limit: necessary medical expenses, 80% of lost earnings up to $2,000 a month for up to three years, and up to $25 a day of other reasonable and necessary expenses for up to a year. It does not cover pain and suffering, car repairs or earnings above the cap. Give written notice to the no-fault insurer within 30 days of the accident; a later notice needs written proof of a clear and reasonable justification (11 NYCRR 65-1.1).

You can sue the at-fault driver and owner for economic loss beyond basic no-fault benefits and for property damage. For pain and suffering you generally need a 'serious injury' under Insurance Law 5102(d). For actions commenced on or after May 26, 2026, the former 90/180 category was removed; the commencement date, not the accident date, decides which rules apply. Meeting the threshold does not guarantee compensation; fault, evidence and available insurance matter.

Brooklyn crashes happen on dense, mixed streets: congestion on the BQE and Belt Parkway, double-parked delivery trucks, heavy pedestrian and bicycle traffic, and busy corridors such as Flatbush, Atlantic and Ocean Parkway. That means more witnesses and more private video, but also more drivers and insurers. A Brooklyn crash case can be brought in Kings County Supreme Court at 360 Adams Street when a party lives in Brooklyn or a substantial part of the events happened there (CPLR 503(a)).

For actions commenced on or after May 26, 2026, a serious injury means death; dismemberment; significant disfigurement; a 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; or significant limitation of use of a body function or system (Insurance Law 5102(d)). The former 90/180 category is historical context for actions commenced before that date.

It depends on fault, the injuries and their proof, and the insurance available; we do not quote ranges. No-fault covers eligible basic economic loss up to $50,000. A claim against the at-fault driver can add economic loss beyond that, property damage and, with a serious injury, pain and suffering. For actions commenced on or after May 26, 2026, in personal-injury actions under the no-fault law, a claimant whose fault is greater than the defendants' is barred and otherwise damages are reduced by the claimant's share (CPLR 1411), and specified at-fault driving and conviction cases are subject to a $100,000 non-economic cap under Insurance Law 5104(d), with statutory exceptions including death. The firm's published results are listed on this page as records, not predictions.

After a Brooklyn car accident: (1) Move to safety and call 911 so the NYPD responds, (2) Photograph the vehicles, damage, plates and the scene, including street signs and landmarks, (3) Get witness contact information, (4) Exchange information but do not argue about fault, (5) Get medical attention, for example at Kings County Hospital, Maimonides Medical Center or Brooklyn Hospital Center, (6) Get the police report number, (7) Give written notice to the no-fault insurer within 30 days, and (8) Contact our Brooklyn office.

You can file a no-fault claim yourself. A lawyer helps when injuries are serious, fault is disputed or several insurers are involved: we get the NYPD report and video, track the no-fault deadlines, evaluate the serious-injury question, deal with the insurers and file suit in the right county when needed. We have an office on Kings Highway in Brooklyn and more than 40 years of experience. The consultation is free and there is no fee unless there is a recovery.

No-fault benefits move on the no-fault claim process. A claim against the at-fault driver usually cannot be valued until treatment shows the long-term picture; if a lawsuit is needed in Kings County, discovery and court conferences add time. Disputed fault, several defendants or surgery make a case longer. We do not settle before future care and lost earnings can be estimated, and we do not promise a timetable.

You can still recover through: (1) your own uninsured motorist coverage, which applies to hit-and-run vehicles that cannot be identified (Insurance Law 3420(f)(1)), (2) the Motor Vehicle Accident Indemnification Corporation (MVAIC) if you have no available policy, which for a hit-and-run requires a police report within 24 hours and an affidavit within 90 days (Insurance Law 5208), and (3) claims against any other responsible party. Report it to the NYPD right away, preserve evidence from the scene, get medical care and contact our Brooklyn office.