Frequently Asked Questions
Do you have questions about your car crash in New York? As a personal injury law firm with expertise in auto wrecks, we're here to help.
Do I need a lawyer after my car accident?
If only to determine if you need further legal representation, it is a good idea to consult an attorney after a car accident where you intend to file an insurance claim. Car accident claims can be deceptively complex, and your lawyer will consider factors you may not.
Here are a few scenarios where you should definitely have a lawyer:
- Severe injury
- Dispute in liability
- The accident involved commercial vehicles, including rideshare vehicles (Uber, Lyft or taxi)
- Multiple parties
- Slow-to-respond insurance companies and/or “low-ball” offers
Still wondering if you need a car accident attorney? At the law firm of Martin+Colin, P.C., will listen to you and help steer you in the right direction, regardless of whether you require our services. Our consultations are always free, we never receive money until you do.
Why are there so many auto accidents in New York?
Why are there so many car accidents in New York? The most common reason, by far, is distracted driving, or driver inattention. Other common reasons include failing to yield the right of way, following too closely, improper lane usage, passing too closely, and speeding.
According to a recent article in Forbes, “NYC Car Accident Statistics in 2023”, 38% of all accidents in New York City involved a fatality. The borough with the most car accidents is Brooklyn (32,788), followed by Queens (27,943), the Bronx (17,678), Manhattan (16,827) and Staten Island (5,272).
Sobering Car Accident Statistics
- New York sees an average of 1,098 deaths each year from unintentional motor vehicle accidents. (Source: New York Department of Health)
- Passenger cars are involved in 96% of all car accidents—and 78% of all fatal crashes. (Source: National Highway Traffic Safety Administration)
- Each year, between five and six people in every 100,000 will die from a car accident. (Source: Insurance Institute of Highway Safety)
- More than six million passenger car crashes happen every year, with nearly half resulting in injuries.(Source: World Health Organization)
- For American youths ages 16-24, car crashes are the leading cause of death in our country. (Source: National Highway Traffic Safety Administration)
What should I do after a car accident?
The moments after a car accident can be extremely chaotic. You may be in shock, even if you do not believe that you are seriously injured. Follow these simple steps to ensure that you stay safe, while improving your odds of settling your insurance claim quickly and fairly.
- Check yourself and your passengers for injuries.
- Call the police and report the incident.
- Exchange information with the other driver(s).
- Taking photos and videos to document evidence at the scene.
- Find witnesses and gather their information.
- Notify your insurance company to begin your claim.
In the days following the accident, see your general-care doctor for a medical examination; if you have any developing injuries, this will help support your claim for damages. Call Martin+Colin, P.C. if you sense that your insurance company is wrongfully delaying or denying your claim.
Who is responsible for my car accident and injuries?
New York state follows “no-fault” insurance rules, which means you will need to file a claim with your own insurance company first, regardless of who is responsible for the crash. If the costs of your accident exceed your insurance coverage, you then file a lawsuit against the responsible party.
If your insurance company denies your claim, minimizes your injuries, or delays a full and fair payout, you need to contact an attorney who can stand in your corner and fight for what you deserve.
Did You Know …
Studies show that people who use attorneys like Martin+Colin to resolve their case receive 40% higher settlement offers than those who do not.
Who can I file suit against in New York?
In New York, you may file an injury claim against anyone whose behavior or negligence contributed to your car accident. This includes:
- Other drivers
- The driver or passenger of your own car
- Truck drivers and trucking companies
- Motorcyclists and moped operators
- Bicyclists and pedestrians
- Bus drivers and transit companies
- The New York City Transit Authority
- Other government agencies
- Employers of any negligent parties
- Parts manufacturers
- Auto mechanics
- Rideshare companies like Lyft and Uber, as well as their drivers
Even a “simple” car accident can be surprisingly complex. That’s why it’s always a good idea to talk to an experienced attorney like Martin+Colin, P.C., to determine your next steps.
How much does a White Plains, New York car accident lawyer cost?
Martin+Colin, P.C. works from a “contingency-fee” structure. This means that we only receive money when you receive money. You pay nothing upfront. If we cannot obtain a settlement or a court award in your favor, you owe nothing. If you have been injured because of someone else’s behavior, contact Martin+Colin, P.C. for a free consultation.
How long do I have to file a car accident lawsuit in New York?
You have just 30 days to file an application for no-fault benefits with your insurance company. By state law, your own insurance is the first line of coverage for your medical bills and lost wages. Additionally:
- For personal injury cases involving negligent individuals: (e.g., a negligent driver): the statute of limitations in New York is three (3) years from the date of the incident.
- For wrongful death claims (e.g., your loved one passed away in a car crash as the result of another person’s negligence): you have just two (2) years from the date of the accident.
- For lawsuits against municipalities (e.g., the City of New York): you have just 90 days to file a Notice of Claim. You have one year and 90 days after the date of the accident to file a lawsuit against a municipality in New York.
What is my case worth?
Your case value will depend on two things: the circumstances of the event and the severity of your damages. Full compensation should include both past and future medical expenses, as well as lost wages, pain and suffering, property damage, loss of consortium and so forth.
Many people underestimate the value of their case and take the first settlement offer their insurance company brings to them. Studies show that attorney-represented claims consistently settle for more than unrepresented claims.
Determining your case’s value starts with a free consultation from Martin+Colin, P.C. Call us today to begin the process.
Can I still recover compensation if I share some of the blame?
Yes, you can recover money for crash-related injuries, as long as you’re not found 100% at fault.
When your actions are found to have contributed to the accident, your damages will be reduced in direct proportion to the degree of fault. For example: if you are allocated 25% responsibility, your damages will be reduced by 25%.
What is “comparative negligence”?
Comparative negligence, also called comparative fault, is a legal doctrine that requires a plaintiff’s damages be reduced if they are found to have contributed to their injuries.
If multiple people involved in the crash are partially responsible, we use “comparative fault” to determine how much every party is entitled to collect, and pay. Any time multiple people are found responsible for an accident, case resolution can become more complicated. Always have an experienced New York car accident lawyer by your side to help you through the process.
What if the other driver was uninsured?
New York is fortunate to have among the lowest percentage of uninsured drivers in the country, at just 4.1%. However, that still leaves nearly half a million uninsured drivers on New York roads. If one of them causes your accident, you will need alternate ways to collect compensation.
Your first option is to collect additional benefits from your own insurer. This is only possible if you have elected to have uninsured motorist coverage (UM) to your policy. These benefits can cover the gap between what your primary policy pays and what the uninsured driver would have been responsible for. All insurers must offer this type of coverage as an optional add-on to your liability coverage.
Your second option is to file a lawsuit against the uninsured driver. While you have every right to do so, remember that you only receive what the driver can pay, even if they were entirely to blame. If the driver did not have insurance, it’s likely that they will not have the resources to pay your claim.
And what if you don’t have UM insurance, and the other driver can’t pay? That’s when our team goes to work examining your case, determining any additional factors that may have contributed to your being injured. From parts manufacturers and taxi companies to city governments, we leave no recovery option unexplored.
How long does it take to settle a New York car accident case?
Everyone wants a quick and positive resolution to your case—but how quickly your case resolves will depend on a few factors. The speed of your case resolution depends on:
- The severity and permanence of your injuries
- Liability determinations
- Evidence both for and against your case
- The insurance companies and policies involved
- New York court backlogs
…as well as factors specific to your case.
At Martin+Colin, P.C., our White Plains, New York car accident attorneys can expedite your settlement while ensuring you get the compensation you deserve. Call Martin+Colin, P.C. at (914) 771-7711 for a free consultation.
Can I sue Uber or Lyft after a rideshare accident?
Yes, you can sue Uber or Lyft after an accident involving one of their vehicles. Rideshare companies, including taxis, are required to carry insurance to protect their customers. However, because these cases involve insurance recovery, you can expect a fight. For this reason, you will need to speak to an attorney to avoid complications with your case; they can be more involved you may realize. Contact Martin+Colin, P.C. for a free rideshare accident consultation.
What kind of expenses can I sue for?
Medical Expenses
This includes ER visits, medical appointments, surgery, physical and occupational therapy, medications, long-term care, and other healthcare-related costs. Permanent impairments will generally receive higher settlements, as future medical expenses are also considered.
Pain and Suffering
You may be entitled to compensation for your pain and suffering. What is pain and suffering? Any physical pain, mental anguish, emotional, relational and reputational damage resulting from your injury.
Lost Wages
If you had to take unpaid leave from your job to seek medical treatment after an accident, the money you would have earned may also be recoverable. Additionally, if the accident permanently impairs your ability to work, you can recover compensation to cover future loss of earning capacity.
Punitive Damages
Punitive damages are meant to punish the defendant for egregious harm caused by their negligence. These can be multimillion-dollar sums, but they are reserved for instances where you can prove reckless or intentional negligence. You will need an experienced car accident lawyer by your side for cases involving punitive damages.
What kinds of injuries can happen during a car accident?
No two car accidents are exactly the same, and injuries can vary tremendously. Common car accident injuries include:
- Neck and spinal cord injuries
- Paralysis
- Traumatic brain injuries (TBIs)
- Whiplash and soft tissue damage
- Broken bones
- Loss of limb (amputation)
- Disfiguring injuries to the face
- Internal injuries (e.g., ruptured organs)
- Mental health complications
- PTSD and phobias
- Emotional turmoil
- Death
Your healthcare plan should be personalized for your individual needs. At Martin+Colin, our car accident lawyers work with clients to develop individualized plans for recovery. Then we pursue compensation for your medical expenses, property damages, physical therapy, income loss as well as other costs associated with your claim. Contact our law firm for more information regarding your specific case: (914) 771-7711.
Is my case big enough to need a lawyer?
The truth is: that without talking to a lawyer, that question is very difficult to determine. However, we often see car accident victims struggling with insurance companies on their own because they wrongly think that their case is “too small for a lawyer.”
While cases will vary in terms of complexity and value, every case feels monumental to the victim. The legal support you receive will have an enormous impact on your recovery.
If you have been injured in a car accident, don’t wait to contact Martin+Colin, P.C. your White Plains car accident lawyers.
