NYC Motor Vehicle Accident Lawyers

Immediately after a motor vehicle accident, you should:

• Call the police and give your statement
• Remain on the scene of the accident until police arrive
• If possible, take pictures/video of the incident with your phone
• Seek medical help

Every vehicle owner in New York has no-fault insurance. The no-fault insurance company will pay for medical expenses up to $50,000. If you were the operator of the vehicle or a passenger in the vehicle, the vehicle in which you were in will pay for the expenses.

No-fault insurance covers:

• Medical expenses up to $50,000
• 80% of lost wages
• In-house help, if you are unable to perform routine daily activities like dressing, eating, etc.
• Travel expenses to/from doctor’s appointments

Yes, New York is a no-fault state.

No-fault means that regardless of who has caused the accident, your insurance company will cover the medical expenses resulting from your injury (hospitalization, physical therapy, etc.) within the coverage limit. It will also pay for lost wages, if you are unable to go back to work due to injuries.

In New York, you can get compensation for pain and suffering only if you have sustained a serious injury.

You must file your no-fault claim with your insurance company within 30 days of the accident.

An experienced lawyer can help ensure the correct paperwork is filed so you can submit your claim on time.

According to the New York State Insurance law a serious injury includes:

• Death
• Significant disfigurement
• Dismemberment
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body system or function
• Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment

In New York, you have three (3) years from the date of the accident to file a lawsuit for pain and suffering and economic loss in a motor vehicle accident against third parties. In addition, you must file for no fault benefits, which includes reimbursement for lost wages and medical bills, within 30 days from the date of the accident.

After this period expires, you lose the right to seek compensation.

If you are communicating directly with the insurance company, the negotiation process may take several years. That is why having an experienced legal attorney by your side is crucial to filing a claim and securing a settlement.

In New Jersey, you should file a motor vehicle claim within two years.

You can file an injury claim against anyone who has contributed to the motor vehicle accident.

Liable parties may include drivers, passengers, motorcyclists, bicyclists, pedestrians, road construction companies and more.

Contact us at Spar & Bernstein for a free consultation regarding your case. We’ll discuss your options and next steps.

If the motor vehicle you were driving or riding as a passenger in did not have applicable insurance, the Motor Vehicle Accident Indemnification (“MVAIC”) covers certain benefits.

You must file the claim timely. MVAIC is a non-profit organization created by the New York State Legislature in 1958 to provide No-Fault and Bodily Injury protection to eligible claimants.

An experienced attorney will look into your case and determine a fair compensation to pursue to support you during the recovery period and after it.

At Spar & Bernstein, we offer a free initial consultation to discuss the details of your case and plan next steps.

We consider:

• Seriousness of your injuries
• Need for surgery/hospitalization/treatment
• Inability to work for a period of time
• Lenth of time without being able to work
• Injury impact on your daily life
• Need for external help for routine everyday activities like bathing, eating and more
• Psychological and emotional trauma
• Possible disfigurement or paralysis
• Vehicle damage

Our experienced team will be by your side during the challenging post-accident period. We will:

• Define liability
• Gather evidence
• Calculate losses
• Advise you on filing a claim or a lawsuit
• Communicate with insurance companies
• Draft and filing of insurance claims
• Draft and filing of lawsuits
• Secure your legal representation
• Defend your rights
• Take your case to trial
• Negotiate settlements

We will fight to ensure you receive the maximum compensation to improve your physical and psychological recovery.

At Spar & Bernstein, we do not require an upfront payment.

Once we reach a settlement or win your case, you pay only a percentage of the net compensation you receive. The fee is due only if and when we reach a successful outcome.

We ensure that regardless of your financial standing, you receive adequate legal representation.

To lay the foundation of our client-attorney relationship, we offer a free initial consultation to discuss your case and provide our transparent recommendations for next steps.