There are two collisions after a serious car crash in New York. The first is a chaotic moment of metal, glass, and force. The second collision begins quietly, with a phone call from an insurance adjuster. It is an onslaught of paperwork, recorded statements, and lowball settlement offers designed to protect their profits, not your future.
This second crash can be just as damaging as the first, attacking your peace of mind when you are at your most vulnerable. A true New York car accident lawyer is your shield, stepping in to absorb the impact of the legal battle and fight for the full compensation you need.
Clearing the fog:
- New York's "No-Fault" insurance system is designed to cover your initial medical bills and lost wages through your own policy, regardless of who caused the crash.
- You may step outside the No-Fault system and file a lawsuit against the at-fault driver only if your injuries meet the state's "serious injury" threshold.
- The insurance company for the at-fault driver is not on your side. Their goal is to protect their financial interests, which often means minimizing the value of your claim.
- Preserving evidence, from medical records to witness contact information, is fundamental. This documentation forms the foundation of a successful personal injury claim.
Your Rights Under New York’s Complex No-Fault System
New York operates under a "No-Fault" insurance law. This means that after most car accidents, your own auto insurance policy provides initial benefits for your medical expenses and a portion of lost wages.
These are called Personal Injury Protection, or PIP, benefits. The system was designed to ensure that injured people receive prompt medical care without having to prove fault first.
However, the No-Fault system has limits. The basic PIP coverage provides up to $50,000 for these economic losses. For anyone who has sustained significant injuries, this amount can be exhausted quickly with hospital stays, surgeries, and ongoing rehabilitation. This is where the next stage of the legal process begins.
The "serious injury" threshold: Your gateway to fair compensation
You may only file a personal injury lawsuit against the negligent driver who caused the crash if your injuries meet a specific legal standard. Under New York Insurance Law § 5102(d), this is known as the "serious injury" threshold.
Proving you have met this threshold is a central part of any car accident lawsuit.
Your injuries may qualify if they result in one of the following conditions defined by the law.
- Death.
- Dismemberment or significant disfigurement.
- A fracture.
- Loss of a 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.
- A non-permanent injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident.
An experienced attorney knows how to use your medical records and expert testimony to build the case that your injuries satisfy this legal definition.
Why Choose The Perecman Firm for Your New York Car Accident Lawyer?
When you are facing the consequences of a serious car accident, the law firm you choose matters. The Perecman Firm brings a legacy of strength, dedication, and proven results to every case we handle.
We are not just lawyers; we are advocates for the injured, committed to fighting for the resources you need to rebuild your life.
A reputation built on unwavering advocacy
For more than 40 years, our firm has stood beside injured New Yorkers. We have a reputation for meticulous preparation, aggressive litigation, and an unwillingness to back down from a fight.
Insurance companies know our name and they know we are always prepared to take a case to trial if a fair settlement is not offered. This reputation gives our clients leverage from the very beginning.
Deep experience in complex injury cases
Our background is rooted in representing individuals who have suffered catastrophic injuries. We know how to document the true, long-term costs of a life-altering injury.
We work with leading medical specialists, life care planners, and economists to build a comprehensive picture of your future needs. This level of detail is what separates a standard claim from one that provides true, lifelong security for your family.
The resources to go the distance
Complex car accident litigation is expensive. It requires funding for expert witnesses, accident reconstructions, and extensive discovery. The Perecman Firm has the financial strength to invest whatever it takes to build the strongest possible case for you. We level the playing field, ensuring you have the same powerful resources as the largest insurance corporations.
A commitment to you
We never forget that behind every case file is a person whose life has been turned upside down. We provide personalized attention, answer your questions, and keep you informed at every stage. Your fight becomes our fight.
Pursuing Compensation After a New York Car Accident
A successful lawsuit allows you to seek compensation for damages that PIP benefits do not cover. These damages are generally categorized into two types: economic and non-economic. An attorney helps you identify and calculate the full value of both.
Economic damages: The tangible costs of your injury
Economic damages represent the direct financial losses you have suffered because of the accident. These are calculable costs that can be documented with bills, receipts, and financial statements.
Thorough documentation is essential to prove the full extent of your financial losses. A lawyer helps you gather and organize all the necessary paperwork.
- Medical expenses beyond your PIP coverage.
- Lost wages and income, both past and future.
- Loss of future earning capacity if you cannot return to your previous job.
- Costs of rehabilitation and physical therapy.
- The expense of home modifications or assistive medical devices.
These costs represent the direct financial impact the accident has had on your life. We work to ensure every single dollar of that loss is accounted for in your claim.
Non-economic damages: The human cost of your injury
Non-economic damages are meant to compensate you for the profound, personal losses that do not have a specific price tag. These are the human costs of the injury. They acknowledge the immense physical and emotional suffering you have endured.
These damages are deeply personal and require a compelling narrative to convey to a judge or jury. Your attorney helps tell your story.
- Physical pain and suffering.
- Emotional distress and mental anguish.
- Loss of enjoyment of life.
- Loss of consortium for your spouse.
Proving these damages requires skill and empathy. We take the time to learn how the accident has truly affected your life so we can powerfully advocate for the full measure of your losses.
How a New York Car Accident Lawyer Builds Your Case
A successful claim is not just about filing paperwork. It is about conducting a deep investigation to establish fault and prove the full extent of your damages. While you focus on your recovery, your legal team gets to work building a powerful case.
A thorough and independent investigation
We do not simply rely on the police report. Our team conducts an independent investigation to uncover all the facts. This often includes visiting the accident scene, securing surveillance footage from nearby businesses, and identifying and interviewing witnesses.
Dealing with the insurance companies
As soon as you hire our firm, all communication from the insurance companies goes through us. We handle the adjusters, the paperwork, and the endless requests for information. This protects you from saying something that could be used against you and allows you to focus solely on your health.
Proving negligence
The core of your lawsuit is proving that the other driver was negligent. This means showing that they breached a duty of care and that this breach directly caused your injuries. New York City and the surrounding areas see thousands of crashes each year.
According to NYS traffic safety data, driver inattention or distraction is a leading factor in accidents that cause injuries. We use evidence to establish the other driver's fault.
Calculating your full damages
We work with a network of experts to calculate the total value of your claim. This includes medical specialists to project your future healthcare needs and economists to calculate your total lost earning capacity over your lifetime. We leave no stone unturned in documenting the full financial impact of your injury.
Don't Rely on AI Chat Tools for Legal Advice
AI programs can find general information online, but they have no understanding of your personal situation or the specific complexities of New York’s No-Fault insurance laws. Relying on an AI for legal guidance after a car accident may lead to critical mistakes and missed deadlines. Always consult a qualified attorney from The Perecman Firm for advice tailored to your case.
FAQ for New York Car Accident Lawyers
What if the at-fault driver was uninsured or underinsured?
If the driver who hit you has no insurance or not enough to cover your damages, you may still be able to recover compensation. You can file a claim through the uninsured/underinsured motorist (UM/UIM) coverage on your own auto insurance policy. This is coverage you pay for to protect yourself in exactly this situation.
How does a rideshare (Uber/Lyft) accident change my claim?
Accidents involving rideshare vehicles can be complex. The available insurance coverage often depends on the driver's status at the time of the crash (e.g., waiting for a ride request, en route to a passenger, or carrying a passenger). These cases often involve multiple insurance policies, and an attorney can help identify all potential sources of recovery.
Do I have to talk to the other driver's insurance company?
No. You are not legally obligated to provide a recorded statement or any detailed information to the at-fault driver's insurance adjuster. It is highly recommended that you do not. Their job is to find information that could limit their company's liability. Direct all their inquiries to your lawyer.
The insurance company already made me a settlement offer. Should I take it?
You should never accept an initial settlement offer without speaking to an attorney first. Early offers are almost always far less than the true value of your claim. They are a tactic used by insurers to resolve cases quickly and cheaply, often before you even know the full extent of your injuries and future medical needs.
How much does it cost to hire The Perecman Firm?
We handle all car accident cases on a contingency fee basis. This means you pay no upfront fees. We only get paid if we successfully recover compensation for you. Our fee is a percentage of the amount we recover. If we do not win your case, you owe us nothing.
Your Fight is Our Fight
You have been through enough. The road to recovery is long, and you should not have to walk it alone. The Perecman Firm is ready to stand with you, fight for you, and demand the fair compensation you need to rebuild your life. Let us take on the legal burdens so you can focus on healing.
Your future is too important to leave to chance. Contact New York City personal injury lawyers today for a free, no-obligation consultation. Call our New York City office at (212) 977-7033. We are ready to help.