Car accidents · Nassau County & New York City
Car Accident Lawyer for Nassau County and New York City Crashes
After a New York car crash, no-fault benefits are claimed first, usually from the insurer of the vehicle you were in or, for a pedestrian, the vehicle that struck you. To recover pain and suffering from the driver who hit you, you have to prove that driver was at fault and that your injury meets the serious-injury law.
Our Uniondale office is near Hempstead Turnpike, and we have offices in Brooklyn and Queens. Over 40 years of experience. Free consultation.
Two claims, two sets of rules
The no-fault claim and the case against the driver
Most injured drivers and passengers in New York have two separate claims, with different insurers, proof and deadlines. We open both at the start so the no-fault paperwork and the liability evidence support each other.
No-fault (the applicable vehicle insurer)
Covers eligible medical bills, 80% of lost earnings up to $2,000 a month for up to three years, and up to $25 a day of other necessary expenses, within $50,000 of basic economic loss per person, without proving fault and subject to the policy's terms (Insurance Law 5102(a)). An occupant claims against the insurer of the vehicle they were in; a pedestrian against the insurer of the vehicle that struck them; unknown or uninsured vehicles follow special household-policy and MVAIC rules (DFS no-fault FAQ). Written notice is due within 30 days unless you can justify a delay in writing (11 NYCRR 65-1.1). It never pays pain and suffering or car repairs.
Liability claim (the at-fault driver and owner)
Can cover what no-fault does not: pain and suffering, earnings and medical costs beyond basic economic loss, and vehicle damage. You must prove fault, and for non-economic loss a serious injury (Insurance Law 5104). It is paid by the other driver's liability insurer, and sometimes by your own uninsured or SUM coverage.
Proving fault
Distracted driving and the other evidence that proves who caused the crash
Whether the crash happened on Hempstead Turnpike, Sunrise Highway, the Meadowbrook or a city street, distraction is often the question at the center of a fault dispute. New York bans holding a phone while driving (VTL 1225-c) and using a portable electronic device to text, browse or play games (VTL 1225-d). A ticket helps, but the proof usually comes from records.
- Phone and app records
- Call, text and data-use logs for the minutes before impact, and delivery or rideshare app activity, requested in discovery or by subpoena.
- Video
- Dashcams, store and home cameras, traffic cameras and bus cameras. Private video is often overwritten, so preservation letters go out early.
- Vehicle data
- Event data recorders can show speed, braking and steering in the seconds before a crash.
- Following too closely
- A driver must not follow “more closely than is reasonable and prudent” (VTL 1129(a)). Rear-end crashes usually start here.
- The owner, not just the driver
- An owner is liable for the negligence of anyone driving with permission (VTL 388), which brings in the owner’s insurance when a friend, relative or employee was driving.
- Police report and witnesses
- The report, the diagram and statements made at the scene, and independent witnesses located before they move or forget.
Serious injury
When You Can Sue: "Serious Injury" Threshold
New York's serious injury threshold generally governs non-economic loss, such as pain and suffering. It is not a universal requirement for every economic-loss or property-damage claim. Meeting the threshold does not guarantee recovery; liability, evidence, applicable law, and available coverage or collectibility matter.
2026 transition: The amendments apply to actions and proceedings commenced on or after May 26, 2026. Commencement, not the accident date, is the trigger. The former 90/180 category has been removed for those cases.
Historical context for actions and proceedings commenced before May 26, 2026: the former category covered a medically determined non-permanent injury or impairment preventing substantially all usual daily activities for at least 90 of the first 180 days following injury. It was separate from significant limitation of use of a body function or system.
See NY DFS Insurance Circular Letter No. 3 (2026), section II.A.2 for the transition and related non-economic damages and comparative-fault changes, and our NY no-fault and PIP law update. Individual claims require review under the applicable rules.
2026 changes apply by commencement date. They cover personal-injury actions under New York's no-fault law (Insurance Law article 51) commenced on or after May 26, 2026; what matters is when the lawsuit is commenced, not the accident date (DFS Circular Letter No. 3 (2026), linked above). For those actions:
- the former 90/180 serious-injury category no longer applies;
- a claimant whose culpable conduct is greater than that of the defendant, or of the defendants combined, is barred from recovery; otherwise, including at an even 50/50 split, damages are reduced by the claimant's share (CPLR 1411);
- except in an action for death, non-economic damages are limited to $100,000 for an injured person who is at fault, is not barred under CPLR 1411, and was operating an uninsured vehicle they were responsible for insuring (unless the lapse in coverage was less than 30 days), was operating while impaired and was convicted of that offense, or was operating in the commission of, or immediate flight from, a felony and was convicted of it (Insurance Law 5104(d)).
Serious Injury Categories for Actions Commenced on or After May 26, 2026 (NY Insurance Law §5102(d)):
- Death
- Dismemberment (amputation of limb)
- Significant disfigurement (permanent scarring)
- Fracture (any broken bone)
- Loss of 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
Proof comes from imaging, specialist findings, measured limitations and a doctor who ties them to the crash. More in five things to know about the serious injury threshold.
Crash types
Common Types of Car Accidents
- Rear-end collisions
- Following too closely and phone distraction; neck, back and shoulder injuries are common.
- Intersection and T-bone crashes
- Red-light running, failure to yield and left turns across traffic; side-impact fractures and head injuries.
- Head-on and wrong-way crashes
- Lane departure and impaired driving; often catastrophic or fatal.
- Sideswipes and merges
- Lane changes and blind spots on parkways and expressways; secondary collisions.
- Multi-vehicle crashes
- Chain reactions on highways; fault is shared and each driver’s insurer is involved.
- Hit-and-run and uninsured drivers
- Recovery may run through uninsured-motorist coverage on an applicable policy or, if none applies, MVAIC.
- Single-vehicle crashes
- Road defects, debris or a mechanical failure; a public body or manufacturer may be involved.
- Parking lot and low-speed crashes
- Backing crashes and pedestrians struck in lots; still documented like any other claim.
Injuries
Common Car Accident Injuries
- Herniated and bulging discs, neck and back injuries
- Fractures
- Traumatic brain injuries and concussions
- Spinal cord injuries
- Shoulder and knee tears requiring surgery
- Internal injuries
- Burns, scarring and disfigurement
- Psychological trauma
A pedestrian, cyclist, truck or motorcycle crash has its own issues; see pedestrian, truck and motorcycle accidents.
Compensation
Car Accident Compensation
Potential recovery depends on liability, evidence, applicable law, and available coverage or collectibility. We do not quote settlement ranges; a case is valued from its own records.
Economic loss
Medical expenses and future care, lost earnings and earning capacity beyond basic no-fault benefits, out-of-pocket costs, home modifications and equipment, and vehicle damage.
Non-economic loss
Pain and suffering, loss of enjoyment of life, disfigurement and the effect on a spouse, recoverable only with a serious injury and, in actions commenced on or after May 26, 2026, subject to the fault bar and the specified at-fault cap described above.
Published results
Car and motor-vehicle results
These are the firm's published motor-vehicle results from across New York and New Jersey, quoted exactly as recorded. A place is named only where the record names it. They are not a prediction for any other case.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
See the full verdicts and settlements archive$250,000
$250,000 Settlement — Queens Parkway Rear-End Collision
After being rear-ended on a busy Queens parkway, our client suffered a torn shoulder and herniated discs in his lower back. His injuries disrupted his work and daily life, ultimately requiring surgery.
$1,021,235
Million Dollar Verdict — Long Island Auto Accident
Plaintiff was involved in an auto accident in Long Island sustaining an exacerbation of prior neck and back injuries resulting in spinal surgery and physical therapy. Following careful deliberation, a Suffolk County jury awarded plaintiff a verdict for pain and suffering in the amount of $1,021,235 after a minimal $50,000 pre-trial offer.
Read the case study$800,000
$800,000 Settlement — Auto Accident with Severe Injuries
A hardworking individual's life changed dramatically after an accident at an intersection, leading to severe injuries that required spine surgery. Beyond the physical pain, the accident brought significant emotional and financial hardship.
Read the case study$650,000
$650,000 Verdict — Auto Accident with Injuries
The Licatesi Law Group obtained a $650,000 verdict for a 55 year-old woman who underwent discectomy after being rear-ended at a red light. The Defendant argued the accident was of minimal impact, and that the plaintiff had pre-existing conditions due to a previous spinal surgery. The last offer prior to trial was $12,500.
Read the case study$899,940
$899,940.10 Settlement
69 year old female with underlying osteoporosis and preexisting spinal degeneration awarded as a result of a motor vehicle accident causing an acute T12 fracture of her spine.
Read the case study$800,000
$800,000 Award at Arbitration Hearing
66 year old female passenger in a motor vehicle sustained a right distal tibial pilon fracture and a right lateral malleolus fracture both requiring open reduction internal fixation as well as a left knee medial meniscus tear with a left knee subchondral fracture requiring arthroscopic assisted open reduction internal fixation.
Read the case study
Deadlines
Statute of limitations and other car accident deadlines
- 30 days
- Written notice to the no-fault insurer, unless written proof gives clear and reasonable justification for a delay (11 NYCRR 65-1.1). Medical proof of claim within 45 days of treatment; lost-earnings proof within 90 days.
- 3 years
- Lawsuit against the driver and owner for personal injury (CPLR 214(5)).
- 2 years
- Wrongful death, from the date of death (EPTL 5-4.1).
- Often 90 days
- Where a notice of claim is required against a city, county or other public body (GML 50-e), with a shorter lawsuit deadline. Transit claims follow their own statutes; see the bus accident guide.
- 24 hours / 90 days
- Hit-and-run: police report within 24 hours and MVAIC affidavit within 90 days (Insurance Law 5208).
Where the case is filed. A New York lawsuit can be venued in a county where a party lived when it was started, or where a substantial part of the events happened (CPLR 503(a)). A crash on a Nassau road is commonly filed in Nassau County Supreme Court in Mineola; see our Nassau County car accident page. Crashes in New Jersey follow New Jersey law, including its own PIP options and the "limitation on lawsuit" election (NJ DOBI); see New Jersey auto accidents.
If a family member died in a crash, see wrongful death claims.
Questions
Frequently Asked Questions
Common questions about car accident claims in New York
Where we work
Car Accident Lawyers Serving New York & New Jersey
Long Island & Nassau County
Uniondale office, serving Nassau and Suffolk. Local detail on the Nassau County car accident page.
New York City
Brooklyn and Corona (Queens) offices. See Brooklyn auto accidents or find the nearest office.
New Jersey
Teaneck office. New Jersey car accident claims follow different rules.
Talk to a car accident lawyer about your crash
We will look at how the crash happened, your injuries and every policy that could pay, and tell you plainly what the next step is. Free consultation; no fee unless there is a recovery.
What to bring
- Police report or report number
- Photos of the vehicles, scene and injuries
- Your insurance card and the other driver’s details
- No-fault claim number and any insurer letters
- Medical records, bills and work-loss proof
Related
Other car and auto accident guides
- New York auto accident claims: which coverage may pay
- Brooklyn auto accident lawyer
- No-fault and auto accident help near you
- Find our nearest office after a car crash
- Truck accidents
- Motorcycle accidents
- Wrongful death
- NY no-fault and PIP benefits guide
- The serious injury threshold explained
- Nassau County car accident lawyer
- New Jersey auto accident claims
- All verdicts and settlements
Photo credits: Hempstead Turnpike, Uniondale by AITFFan1, CC BY-SA 4.0, cropped and resized; Nassau County Courthouse by AITFFan1, CC BY-SA 4.0, cropped and resized.