New York City Auto Accident Lawyer

Every year, tens of thousands of motor vehicle collisions occur across New York City’s five boroughs. These are not abstract statistics. They are crashes on the BQE, on Atlantic Avenue, at the intersections of Queens Boulevard, on the Cross Bronx Expressway, and outside every subway entrance in Manhattan where pedestrians and drivers compete for the same narrow corridors. A serious collision changes the financial and physical shape of a person’s life quickly and with little warning. What you do in the weeks after that crash will shape what recovery looks like, and how much of the burden falls on you versus the parties whose negligence caused it. Cohan Law Firm has recovered over $100 million for auto accident victims across New York City, and our attorneys handle every stage of this process so that you can focus on your health.

Why New York Auto Accident Claims Are Different From Most States

New York operates under a no-fault insurance system, which means that after a collision, your own insurer pays your initial medical bills and a portion of lost wages regardless of who caused the crash. This system was designed to reduce litigation, but it comes with limits that matter. The no-fault ceiling on lost wages is relatively low. It does not cover pain and suffering. And it does not account for serious injuries that generate long-term treatment costs far beyond what a basic PIP policy will absorb.

To pursue compensation outside the no-fault system, including damages for pain, suffering, reduced quality of life, and full lost income, you need to meet what New York law calls the “serious injury threshold.” This requires documented evidence that your injuries fall into defined categories: significant disfigurement, a fracture, permanent limitation of a body part or organ, substantial limitation of a body function or system, or a medically determined injury preventing you from carrying out normal daily activities for at least 90 out of 180 days following the accident.

Insurance adjusters evaluate these thresholds carefully, and they look for gaps in treatment, vague medical records, or inconsistencies between your reported symptoms and clinical findings. How your injuries are documented from day one matters considerably. That is why early legal involvement is not a formality. It shapes the evidentiary record that will support or undermine your claim.

What Liability Actually Looks Like in NYC Collision Cases

Establishing fault in a New York auto accident case involves more than pointing to who hit whom. New York applies a pure comparative negligence rule, meaning a plaintiff’s recovery is reduced by their own percentage of fault. If a jury finds you 20 percent responsible for a crash that resulted in $500,000 in damages, you recover $400,000. Insurance carriers know this rule well and use it to argue that your own actions, a lane change, your speed, your position in the intersection, contributed to the outcome.

Proving negligence requires evidence that tends to erode or disappear quickly after a crash. Surveillance footage from traffic cameras, business cameras, and nearby ATMs is often overwritten within 30 to 72 hours. Skid marks and debris patterns on the road surface change or disappear. Witness accounts become less reliable over time. When a commercial truck or city bus is involved, there are strict notice deadlines and vehicle inspection procedures that must be initiated promptly.

Responsible parties in an NYC auto accident case can include individual drivers, employers who own or maintain commercial vehicles, city agencies responsible for road conditions or traffic signal maintenance, and vehicle manufacturers where a mechanical defect played a role. Identifying every liable party matters because it determines the pool of available insurance and assets from which your damages can be recovered.

Damages That Are Actually in Play

The full scope of what you can recover after a serious auto accident in New York City extends well beyond initial hospital bills. Economic damages include all past and future medical expenses, which in severe injury cases can include surgeries, physical therapy, specialist consultations, adaptive equipment, and home care. Lost wages cover both the income you missed during recovery and, where permanent limitations affect your earning capacity, the projected income loss over the remaining course of your working life.

Non-economic damages, those not tied to a specific invoice or paycheck, can represent a significant portion of the total recovery in serious cases. Pain and suffering encompasses not just physical pain but the psychological and emotional toll of living with a serious injury: the loss of the ability to do work you enjoyed, participate in activities that mattered to you, or function in your relationships the way you did before. Where negligence was particularly egregious, punitive damages are sometimes available, though they are less common in standard auto cases.

Cohan Law Firm works with medical and economic experts to build documentation of these losses in a form that holds up at the negotiating table and, when necessary, in front of a jury. The difference between a well-documented claim and a poorly documented one is often the difference between a fair settlement and an inadequate one.

Answers to the Questions People Ask Most Often

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

The standard statute of limitations for personal injury claims in New York is three years from the date of the accident. However, there are significant exceptions. Claims against New York City or another municipal entity require a Notice of Claim to be filed within 90 days of the accident. Cases involving minors have different timing rules. Wrongful death claims have a separate two-year limitation. Missing these deadlines generally bars recovery entirely, which is why early legal consultation matters.

The other driver had no insurance. What can I do?

New York requires all registered vehicles to carry insurance, but uninsured drivers are a real problem on the road. If you were hit by an uninsured driver, your own policy’s uninsured motorist coverage applies, assuming you have it. If the vehicle was never registered or the accident involved a hit-and-run, there are additional avenues, including claims through the Motor Vehicle Accident Indemnification Corporation (MVAIC). These claims have their own procedural requirements and deadlines.

What if I was partly at fault for the crash?

Under New York’s pure comparative negligence rule, being partially at fault does not eliminate your right to recover. Your recovery is reduced by your percentage of fault. Even if you were found 40 percent responsible, you can still recover 60 percent of your total damages. Whether fault is allocated correctly depends heavily on the evidence and how well it is presented.

How does the no-fault process work for medical treatment?

After a crash, you submit medical bills to your own insurer under PIP no-fault coverage, which currently provides up to $50,000 per person for medical expenses and lost wages. You typically must complete a no-fault application within 30 days of the accident. Insurers sometimes deny or delay no-fault benefits, and those denials can be disputed. No-fault coverage runs separately from any liability claim you may have against the at-fault driver.

What should I do if the other driver’s insurance adjuster contacts me?

You are not required to speak with the other driver’s insurance carrier, and doing so without legal counsel carries real risk. Adjusters are trained to gather statements that can be used to minimize your claim. A recorded statement in which you underestimate your injuries or acknowledge contributing to the crash can create problems that are difficult to overcome later. Direct all contact through your attorney once you have retained one.

Does Cohan Law Firm handle Uber, Lyft, and rideshare accident cases?

Yes. Rideshare collision cases involve layered insurance coverage that shifts depending on whether the driver had the app on, was waiting for a match, or was actively transporting a passenger. Cohan Law Firm handles these cases across all five boroughs, including collisions involving Uber, Lyft, taxis, black cars, and livery vehicles.

What does working with Cohan Law Firm actually look like?

Cohan Law Firm works on a contingency fee basis, meaning there is no fee unless there is a recovery. The firm keeps clients informed throughout the process rather than waiting for clients to follow up. Our team handles the investigative work, insurance communications, medical record gathering, and negotiations so that clients can concentrate on their recovery. Consultations are free and confidential, and the firm serves Spanish-speaking clients.

Speak With a New York City Auto Accident Attorney

The decisions you make in the weeks following a collision have real consequences for what recovery looks like. Choosing a New York City auto accident attorney who knows how to investigate a crash, document injuries properly, and deal with insurers who are not motivated to pay full value matters more than most people realize until they are in the middle of the process. Cohan Law Firm handles these cases across Manhattan, Brooklyn, the Bronx, Queens, and the broader New York City area. There is no fee unless we recover for you. Contact Cohan Law Firm to schedule your free and confidential consultation.