New York Car Accident Lawyer
Dansker & Aspromonte Associates LLP represents car accident victims in New York City under New York Insurance Law § 5102(d) serious injury threshold. With nearly a Billion Dollars recovered since 1986. We handle rear-end collisions, intersection crashes, pedestrian strikes, wrongful death and all other motor vehicle accidents throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Nassau and Suffolk Counties. Free consultation: (212) 732-2929.
- Car Accident Lawyer
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Dansker & Aspromonte Associates LLP represents car accident victims in New York City under New York Insurance Law § 5102(d) serious injury threshold. With over Nearly $1Billion recovered since 1986, we handle rear-end collisions, intersection crashes, pedestrian strikes, and wrongful death throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Free consultation: (212) 732-2929.
Injured in a NYC Car Accident?
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- Car Accident Lawyer
NYC Car Accidents: Navigating No-Fault Insurance and Serious Injury Law
- New York City streets—regulated by the NYC Department of Transportation (DOT) and monitored by the NYPD—see thousands of serious traffic accidents annually. Car accident cases are litigated in New York State Supreme Court venues across the five boroughs: New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island).
- Under New York Insurance Law § 5102(d) and the state’s No-Fault Insurance system, accident victims must meet strict “serious injury threshold” criteria to pursue pain and suffering claims beyond basic PIP coverage. If you were injured in a NYC car accident, you may be entitled to compensation far beyond the $50,000 no-fault limit.
What to Do Immediately After a Car Accident in New York City
Seek Medical Attention:
Even if you feel fine, injuries like whiplash, concussions, and internal bleeding may not show symptoms for hours or days. NYC hospitals like Bellevue, Mount Sinai, and NYU Langone document injuries critical for your claim.
Report the Incident:
Call 911 to report the crash. NYPD will create an official accident report (MV-104AN) that documents the scene, statements, and contributing factors. Request the report number.
Preserve Evidence:
If safe, photograph vehicle damage, skid marks, traffic signals, street signs, and road conditions. Get names and contact information from witnesses.
Notify Insurance Within 24 Hours:
New York’s no-fault system requires you to file for Personal Injury Protection (PIP) benefits within 30 days, but prompt notification protects your rights.
Preserve All Evidence:
Save medical bills, prescriptions, wage statements, repair estimates, and correspondence with insurance companies. Do not post about the accident on social media.
Do Not Sign Anything:
Insurance adjusters may pressure you to accept lowball settlements before you know the full extent of your injuries.
Consult Attorney Immediately:
Legal deadlines begin the day of your crash. Contact a NYC car accident attorney within 24-48 hours.
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Key Takeaways for NYC Car Accident Claims
Legal Term
Definition & NYC Application
Who can I sue?
At-fault drivers, vehicle owners, employers (if driver was working), government entities (such as NYC, MTA, NYCTA, and others)
What is the statute of limitations?
3-year deadline (CPLR § 214(5) private); 90 days Notice of Claim (GML § 50-e) + 1 year 90 day lawsuit (GML § 50-i municipal)
What compensation can I recover?
Medical expenses, lost wages, pain & suffering (if serious injury threshold met), future care costs, permanent injury & disability
Do I need a lawyer?
Highly recommended—serious injury threshold requires objective medical evidence; insurance companies aggressively defend claims
- Legal Term
Key Legal Terms for NYC Car Accident Claims
Legal Term
Definition & NYC Application
Serious Injury Threshold
Under NY Insurance Law § 5102(d), a lawsuit for money damages can be brought in a motor vehicle accident if the injuries include: death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of use of a body organ/member/function/system, permanent consequential limitation of use, significant limitation of use, or inability to perform substantially all daily activities for at least 90 of the 180 days following the crash. This threshold does NOT apply to economic damages (medical bills, lost wages).
Right to Sue
NY Insurance Law § 5104(a) allows lawsuits for non-economic loss (pain and suffering) when the § 5102(d) serious injury threshold is met. This statute grants the legal right to pursue damages beyond basic no-fault benefits.
No-Fault Insurance (PIP)
New York requires all drivers to carry Personal Injury Protection coverage providing up to $50,000 for medical expenses and lost wages regardless of fault. You must file a no-fault application within 30 days of the accident. PIP covers you, passengers in your vehicle, pedestrians, and cyclists struck by your car. Motorcyclists are excluded from no-fault insurance.
Statute of Limitations
Personal Injury: NY CPLR § 214 provides 3 years from the date of the accident to file a lawsuit in cases against private defendants. Wrongful Death: NY EPTL § 5-4.1 provides 2 years from the date of death. In cases against the City of New York you must file a Notice of Claim within 90 days (GML § 50-e) and then sue within 1 year and 90 days from the accident date (GML § 50-i). Important: These deadlines may not apply to your specific case depending on your age, mental capacity, the type of defendant, and other factors. Contact an attorney immediately to confirm the deadline that applies to your situation.
Comparative Negligence
Under NY CPLR § 1411, you can recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault. Example: If you are 20% at fault and your damages are $100,000, you recover $80,000.
- Proving the Serious Injury Threshold:
Objective vs. Subjective Evidence
Meeting New York’s serious injury threshold requires objective medical evidence—not just your word that you’re in pain. Insurance companies and defense attorneys aggressively challenge serious injury claims, and many cases are dismissed if you cannot prove your injuries with documented, measurable findings.
Category
Required Objective Proof
1. Death
Death certificate showing accident as cause
2. Dismemberment
Death certificate showing accident as cause
3. Significant Disfigurement
Visible, permanent scarring or deformity affecting appearance (photos, expert testimony that condition is unattractive or objectionable)
4. Fracture
X-ray, CT scan, or MRI showing broken bone—any fracture qualifies automatically
5. Loss of Fetus
Medical records documenting pregnancy loss caused by accident
6. Permanent Loss of Use
Total and permanent loss of body organ, member, function, or system (e.g., blindness in one eye, complete loss of kidney function) confirmed by specialist
7. Permanent Consequential Limitation
MRI/CT showing structural damage + orthopedic/neurological exam documenting restricted range of motion, loss of strength, or functional impairment that is permanent
8. Significant Limitation of Use
Medical records showing substantial impairment of body function or system for extended period (less than permanent but more than minor)
9. 90/180-Day Rule
Medical documentation proving you could not perform substantially all daily activities for at least 90 of the first 180 days post-accident (work records, doctor’s orders for bed rest, physical therapy attendance)
New York's comparative negligence law (CPLR § 1411)
What Qualifies as “Objective” Evidence?
- Diagnostic Imaging: MRI scans showing herniated or bulging discs with nerve compression, X-rays confirming fractures, CT scans revealing internal injuries
- Surgical Records: Any surgery performed to repair accident injuries (spinal fusion, fracture fixation, joint replacement, scar revision)
- Neurological Testing: EMG/NCV tests showing nerve damage, reflex tests documenting loss of function
- Range of Motion Testing: Orthopedic measurements comparing your injured side to normal ranges (e.g., can only lift arm 90° instead of normal 180°)
- Functional Capacity Evaluations: Independent medical examiner documents what you cannot do (cannot lift >10 lbs, cannot sit >30 minutes, cannot climb stairs)
- Work/Activity Logs: Employer records showing missed work, diary of activities you can no longer perform
Attorney Insight:
The most common reason serious injury claims fail is insufficient objective evidence. We work with top orthopedists, neurologists, and radiologists who document functional limitations in ways that satisfy the legal standard. For example, a herniated disc alone isn’t enough—we need the MRI report to state the disc is compressing a nerve root, plus a neurological exam showing corresponding weakness, numbness, or reflex loss. Defense firms routinely hire doctors to review your records and testify you don’t meet the threshold. Our job is to ensure your medical evidence is airtight before we file suit.
Not Sure If Your Injuries Meet the “Serious Injury” Threshold?
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We’ll review your medical records and determine if you have a viable pain and suffering claim
How New York City Courts Handle Car Accident Cases
If your case cannot be settled and requires litigation, it will be filed in the appropriate New York State court based on the value of your claim:
- NYC Supreme Court (Civil Term Cases seeking more than $25,000 in damages are filed in the Supreme Court in your borough of injury: New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, or Richmond County (Staten Island). These courts handle the majority of serious injury car accident cases involving herniated discs, fractures, traumatic brain injuries, and wrongful death.
- NYC Civil Court Cases seeking $25,000 or less are filed in Civil Court. These typically involve minor injuries that still meet the serious injury threshold, such as undisplaced fractures or 90/180-day rule cases.
- Judges and Procedures NYC Supreme Court justices have decades of experience presiding over motor vehicle collision cases. Expect extensive discovery (depositions, medical examinations, subpoenas), motion practice (summary judgment motions are common), and potential arbitration or mediation before trial. Only about 3% of car accident cases proceed to verdict; most settle during litigation.
Borough/County
Verdict Tendency
Attorney Strategy
Brooklyn (Kings County)
Historically higher verdicts for serious injuries
Aggressive litigation favored; juries responsive to pain and suffering evidence
Manhattan (New York County)
Sophisticated juries respond well to detailed medical evidence
Focus on top medical experts and objective diagnostic findings
Queens County
Middle-range verdicts; balanced approach
Strong settlement leverage with solid liability and injury proof
Bronx County
Middle-range verdicts; plaintiff-friendly
Combined motion practice and settlement negotiations
Staten Island (Richmond County)
Tends to be more conservative; lower average verdicts
Prioritize early settlement or strong summary judgment motions
Our trial experience spans all five boroughs, with verdicts and settlements totaling over nearly $1Billion recovered since 1986. We know which judges require aggressive motion practice and which prefer settlement conferences.
Stage
What Happens
1. Immediate Medical Treatment & Documentation
Seek treatment at NYC hospitals, document injuries with diagnostic imaging (MRI, CT scans, X-rays), attend all follow-up appointments. File no-fault application within 30 days. Collect NYPD accident report, witness statements, and photos.
2. Attorney Investigation & Demand
Attorney obtains police report, medical records, wage loss documentation, and surveillance footage (from DOT cameras, businesses, dashcams). We calculate economic and non-economic damages and submit detailed demand letter to at-fault driver’s insurance carrier.
3. Negotiations & Potential Settlement
Insurance adjuster responds with offer (often lowball). Attorney negotiates, using medical evidence, comparable verdicts, and economic analysis to justify demand. Many cases settle during this phase, especially when liability is clear and injuries are well-documented.
4. Lawsuit Filing & Discovery
If settlement fails, lawsuit is filed in NYC Supreme Court. Discovery begins: depositions of parties, witnesses, and doctors; independent medical examinations (IME) by defense doctors; exchange of medical records and expert reports. Defense often files motions to dismiss based on serious injury threshold.
5. Mediation/Arbitration or Trial
Court may order mediation or arbitration to facilitate settlement. If still no resolution, case proceeds to trial before jury. Trial length varies (3-10 days for most car accidents). Jury verdict is followed by post-trial motions and potential appeal.
Attorney Insight:
As experienced NYC car accident lawyers, we’ve found that cases involving clear liability (rear-end collisions, red light violations captured on camera) and objective injuries (fractures, surgical herniated discs) settle faster and for higher amounts in New York City courts. Disputed liability cases or soft-tissue injuries often require depositions and medical expert testimony, extending timelines but potentially increasing leverage.
Dansker & Aspromonte Car Accident Case Results in New York
$31 Million – Collision on FDR Drive
A 35-year-old NYPD officer was injured while responding to an emergency call on the FDR Drive near 96th Street. The impact caused cervical and lumbar fractures, traumatic brain injury, and permanent nerve damage. After aggressive litigation in New York County Supreme Court, our team secured a $31 million verdict.
$6.6 Million – Multi-Vehicle Collision on Northern State Parkway
A 6-year-old girl was a passenger in a minivan struck by an ambulance during a chain-reaction crash on the Northern State Parkway in Long Island, New York. She sustained a fractured hip and fractured heel. We secured a $6.6 million settlement covering past and future medical expenses and pain and suffering.
$10.3 Million – Pedestrian Struck in Crosswalk
A 22-year-old theater intern was crossing at 42nd Street and 9th Avenue in Manhattan when struck by a truck whose unsecured rear door swung open. She was initially treated for minor dental injuries and a concussion but later developed traumatic epilepsy. At the time of trial she showed no visible signs of injury or impairment but our experts proved that the traumatic epilepsy was caused by the accident. We obtained a $10.3 million settlement.
$6.25 Million Verdict – Bicyclist Struck by Van
A speeding Dollar Rent-A-Car van struck a 26-year-old bicycle deliveryman at a busy intersection. The force of the impact resulted in catastrophic injuries, including multiple fractures to his neck, back, arm, and leg, as well as mild brain damage.
Despite the severity of his injuries, which left the plaintiff with little memory of the actual collision, our firm successfully litigated the case to trial. We presented a comprehensive case to the jury, focusing on the driver’s speed and the life-altering nature of the deliveryman’s disabilities. After weighing the evidence, the jury rendered a $6.25 million verdict in favor of our client.
Attorney Insight: This case highlights the importance of thorough investigative work and expert testimony. When a client suffers from memory loss due to a traumatic brain injury (TBI), we rely on accident reconstruction experts and witness testimony to prove liability and ensure the jury understands the full extent of the damages, regardless of the plaintiff’s ability to recall the moment of impact.
We’ve Recovered Over nearly $1Billion recovered since 1986 for NYC Car Accident Victims
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What Our Clients Say
Why Choose Dansker & Aspromonte Associates LLP
When you’ve been injured in a car accident in New York City, the attorney you choose determines the outcome of your case. We don’t just handle car accident claims—we specialize in them, with a sharp focus on NYC’s complex traffic laws, no-fault insurance regulations, and the serious injury threshold that trips up inexperienced attorneys.
Our NYC Car Accident Track Record
Nearly $1Billion recovered since 1986
Recovered in verdicts and settlements across all five boroughs
$31 Million
for NYPD officer injured in rear-end collision on FDR Drive
$6.6 Million
for child struck by ambulance in multi-vehicle crash
$10.3 Million
for pedestrian struck by truck at 42nd Street & 9th Avenue
$5 Million
for victims of multi-vehicle pileup on NYS Thruway
50+ Years
of combined trial experience in NYC Supreme Courts
What Makes Us Different
- Trial-Ready from Day One — We prepare every case for trial, not settlement. Insurance companies know our reputation and often increase offers when they see our trial preparation.
- Borough-Specific Knowledge — We know the judges, court procedures, and jury tendencies in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Venue matters—a Brooklyn jury may award 30% more than a Staten Island jury for the same injury.
- Serious Injury Threshold Expertise — Defense firms routinely file motions to dismiss based on the serious injury threshold. We’ve successfully defeated these motions in hundreds of cases by retaining top medical experts who document functional limitations with objective evidence.
- No Upfront Fees — We work on contingency, meaning you pay nothing unless we recover compensation. If we don’t win, you don’t owe attorney fees.
- Direct Attorney Access — You work with an experienced trial attorney, not a paralegal or case manager. We answer your calls and emails promptly.
- 24/7 Availability — Car accidents don’t wait for business hours. Call our emergency line anytime for immediate assistance.
Attorney Insight:
Insurance adjusters use computer programs (Colossus) to calculate settlement offers based on injury codes and treatment type. These algorithms undervalue New York City cases because they don’t account for borough-specific jury verdict data. As NYC car accident lawyers with decades of trial experience, we bypass the adjuster and present your case to decision-makers with the authority to pay fair value. Our trial record forces insurers to the negotiating table.
Frequently Asked Questions
About NYC Car Accident Claims
How is fault determined in New York car accidents?
Fault is proven using evidence: NYPD accident reports (MV-104AN forms documenting officer observations and citations issued), witness statements, photos, surveillance video (from DOT traffic cameras, business security systems, dashcams), vehicle damage patterns, skid marks, and accident reconstruction expert analysis. New York uses “comparative negligence” (CPLR § 1411), meaning you can recover damages even if partially at fault—your award is reduced by your percentage of fault.
What’s the difference between no-fault benefits and a third-party lawsuit in NYC?
No-fault (PIP) benefits pay up to $50,000 for medical bills and 80% of lost wages regardless of fault. You file with your own insurer within 30 days. A third-party lawsuit is filed against the at-fault driver’s liability insurance to recover damages exceeding $50,000 and to claim pain and suffering—but only if your injuries meet the serious injury threshold. Most NYC car accident victims receive no-fault benefits AND file a lawsuit if seriously injured.
Do most NYC car accident cases go to trial?
No. Approximately 73% of car accident lawsuits settle during litigation, and many more settle before a lawsuit is filed. However, we prepare every case as if it will go to trial. Insurance ompanies know our trial record (over nearly $1Billion recovered since 1986 in verdicts and settlements) and often increase offers when they see we’re ready to present to a jury. Cases with disputed liability or questionable serious injury threshold claims are more likely to require trial.
What’s the deadline to file a car accident lawsuit in New York?
Generally, 3 years from the accident date (NY CPLR § 214). However, if struck by a government vehicle (MTA bus, NYPD car, DSNY truck, FDNY ambulance), you must file a Notice of Claim within 90 days (GML § 50-e) and sue within 1 year and 90 days (GML § 50-i). Wrongful death claims have a 2-year deadline from the date of death (NY EPTL § 5-4.1).
How are medical bills handled while my case is pending?
Your no-fault insurer pays medical bills up to $50,000 as they’re incurred (you don’t wait for settlement). If bills exceed $50,000, health insurance may cover additional treatment. Some NYC hospitals and doctors accept “letters of protection,” agreeing to defer payment until your case settles. We coordinate with providers to prevent collection actions and negotiate liens to maximize your net recovery. Medicaid and Medicare liens must be repaid from settlements.
Can I sue if the other driver has no insurance or fled the scene?
Yes. If the at-fault driver is uninsured, underinsured, or fled (hit-and-run), you file an Uninsured Motorist (UM) or Supplementary Uninsured/Underinsured Motorist (SUM) claim with your own insurance company. NYC drivers are required to carry UM/SUM coverage unless they reject it in writing. These claims are subject to arbitration rather than jury trial. For hit-and-runs, you must file an NYPD report within 24 hours.
How long does a typical NYC car accident case take to settle?
Settlement timelines vary based on injury severity, liability disputes, and treatment duration. Clear liability cases with fractures or surgical herniated discs often settle within 6-18 months. Disputed liability cases or injuries requiring long-term treatment (traumatic brain injury, spinal cord damage) may take 2-3 years. We don’t rush settlements—waiting until you reach Maximum Medical Improvement (MMI) ensures we capture all future medical expenses and earning losses.
How much is my NYC car accident case worth?
Case value depends on multiple factors: injury severity, treatment type (conservative vs. surgical), permanency, age, occupation, lost earnings, liability strength, and venue (Brooklyn juries award more than Staten Island). Our team analyzes recent jury verdicts from similar NYC cases, calculates economic damages (medical bills, lost wages, future care), and applies pain and suffering multipliers. Call for a free case evaluation—we’ll provide a realistic range based on 50+ years of NYC trial experience.
Who can I sue?
At-fault drivers, vehicle owners, employers (if driver was working), government entities (MTA, NYPD, DSNY)
What compensation can I recover?
Medical expenses, lost wages, pain & suffering (if serious injury threshold met), future care costs, property damage
What is the statute of limitations?
Do I need a lawyer?
Highly recommended—serious injury threshold requires objective medical evidence; insurance companies aggressively defend claims
Don’t Let Insurance Companies Undervalue Your Case
Related Practice Areas
If your accident involved unique circumstances, we handle specialized claims:- Construction Accident Lawyer — If your car accident occurred in a construction zone due to unsafe traffic control, debris on roadway, or collision with construction vehicle
- Traumatic Brain Injury Lawyer — Serious head injuries from high-speed collisions, rollovers, or being struck by commercial vehicles
- Wrongful Death Attorney — Fatal car accidents caused by drunk drivers, reckless driving, or defective vehicles
- Pedestrian Accident Lawyer — Crosswalk accidents, hit-and-run cases, driver negligence
- Bicycle Accident Lawyer — Dooring accidents, bike lane violations, serious cyclist injuries
Office Location: 30 Vesey Street, 16th Floor New York, NY 10007 Se Habla Español — Spanish-speaking attorneys available to assist with your claim.
Attorney advertising. Prior results do not guarantee a similar outcome. The information on this website is for general informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your individual situation. This website is not intended to create, and viewing it does not constitute, an attorney-client relationship.