Hurt in a crash in Brooklyn, Queens, Manhattan, the Bronx, or anywhere in New York? New York's accident rules are different from every neighboring state — a 30-day benefits deadline, a "serious injury" threshold that decides whether you can sue, and insurers who know most people understand neither. We do. Free case review, no fee unless we win.
After a New York car accident, three rules control your case. First, you must file a no-fault application (Form NF-2) within 30 days to receive benefits for medical bills and lost earnings — the most missed deadline in NY accident law. Second, you can only sue for pain and suffering if your injury clears New York's "serious injury" threshold (Insurance Law §5102(d)) — fractures, significant disfigurement, permanent limitations, or 90 of 180 days of disability all qualify. Third, you generally have three years to file a lawsuit — but only 90 days to file a Notice of Claim if a city bus or government vehicle was involved. Onal Injury Law handles all of it from our Brooklyn office, with no fee unless we win: (201) 335-6788.
A New York car accident case is won or lost on things most injured people have never heard of: whether the NF-2 went in on time, whether the medical records document a threshold-clearing injury, whether the Notice of Claim deadline applies, and how many layers of coverage — the driver's, yours, a commercial or TLC policy — actually exist. The insurance company knows all of this on day one. Now you have someone who does too.
From our office on Bay Ridge Avenue in Brooklyn, we investigate the crash, secure the police report and camera footage before it's gone, get your no-fault paperwork filed correctly, and build the medical record that clears the serious injury threshold — because in New York, that threshold is the whole ballgame. Every case is prepared as if it will go to trial, which is exactly why insurers so often pay more rather than test that.
You work directly with John Onal from the first call to the final resolution. No fee unless we win.
New York is a no-fault state: your own auto insurer pays your initial medical bills and lost earnings no matter who caused the crash. But New York attaches two traps to that system that decide cases before they start. Here's how the law actually works.
To receive no-fault benefits, you must file a no-fault application (Form NF-2) with the correct insurer within 30 days of the accident. Not three years — thirty days. File late without a reasonable excuse and the insurer can deny every benefit: the ER visit, the MRIs, the physical therapy, the lost paychecks. It is the single most missed deadline in New York accident law, and getting it filed — with the right carrier, which isn't always obvious — is the first thing we handle.
No-fault pays bills — it never pays for pain and suffering. To sue the at-fault driver for that, your injury must qualify as a "serious injury" under Insurance Law §5102(d), meaning at least one of these categories:
Insurers fight the threshold in almost every case — it's their favorite exit. The medical record we build is what closes that exit.
New York's basic no-fault package covers up to $50,000 per person in "basic economic loss": medical treatment, a share of lost earnings (up to $2,000/month for up to three years), and incidental costs. Serious crashes exhaust it fast — which is why identifying every other layer of coverage, from the at-fault driver's liability policy to your own SUM coverage to any commercial or TLC policy on the vehicle, changes what your case is actually worth.
Most New York car accident lawsuits must be filed within three years (CPLR §214); wrongful-death claims within two years. But if a government vehicle was involved — a city bus, a sanitation truck, a police cruiser, an MTA vehicle — you must serve a Notice of Claim within 90 days (General Municipal Law §50-e) and file suit within one year and 90 days. In a city where the government operates thousands of vehicles, this 90-day trap catches people constantly.
New York follows pure comparative negligence (CPLR §1411): you can recover damages no matter your share of fault — even a driver found 90% responsible can recover 10% of their damages. There is no cutoff like New Jersey's 50% bar. The fight is over the percentage, which is why the other insurer works so hard to inflate yours — and why we answer with evidence, not arguments.
Hit by an uninsured driver, an underinsured driver, or someone who fled? Your own SUM (supplementary uninsured/underinsured motorist) coverage may pay the claim. And New Yorkers with no auto policy in the household — including many pedestrians and cyclists struck by hit-and-run drivers — may qualify through MVAIC, the Motor Vehicle Accident Indemnification Corporation, which carries its own strict notice deadlines. We trace every path.
Thousands of drivers cross between New Jersey and New York every day — and the two states run car accident law completely differently. If you live in one state and crashed in the other, which rules apply is a real legal question that can change the value of your case. With offices in Elmwood Park, NJ and Brooklyn, NY, cross-border cases are our home turf.
| Rule | New Jersey | New York |
|---|---|---|
| Lawsuit deadline | 2 years (N.J.S.A. 2A:14-2) | 3 years (CPLR §214) |
| No-fault benefits deadline | Prompt notice to your insurer | 30 days — Form NF-2, or benefits can be denied |
| Right to sue for pain & suffering | Verbal threshold (if elected on the policy) | "Serious injury" threshold applies to nearly everyone (Ins. Law §5102(d)) |
| Shared fault | Modified — barred if over 50% at fault | Pure — recover at any fault percentage, reduced by your share |
| Government vehicle involved | Notice within 90 days (Tort Claims Act) | Notice of Claim within 90 days (GML §50-e), suit within 1 year 90 days |
| Basic no-fault benefit | PIP: $15,000–$250,000 by policy option | $50,000 basic economic loss per person |
Hurt on the New Jersey side? See our New Jersey car accident lawyer page — the rules above are only the start of the differences.
The signature crash of New York traffic — and a leading cause of whiplash, herniated discs, and concussion. Rarely the front driver's fault, whatever the adjuster suggests.
Red-light runners and failure-to-yield turns at dense city intersections cause devastating side impacts — and intersection cameras often hold the proof, if it's requested in time.
TLC-licensed vehicles carry commercial coverage layers most passengers never know exist. Whether you were the passenger, the other driver, or a pedestrian, our rideshare accident practice untangles who pays.
New York's streets put more pedestrians and cyclists next to traffic than anywhere in America — and they suffer the most serious injuries in any crash. No-fault benefits often still apply even though you weren't in a car.
When the driver flees or carries no coverage, we pursue your SUM coverage — and for those without a household auto policy, an MVAIC claim — so their irresponsibility doesn't become your bill.
Delivery trucks, box trucks, and buses dominate city streets — and bring commercial policies, federal rules, and corporate defendants. Serious cases proceed through our truck accident practice. A city or MTA bus adds the 90-day Notice of Claim clock.
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Call (201) 335-6788 NowReport the crash so there's an official police report, and see a doctor even if you feel fine — concussions and disc injuries often surface days later, and in New York, early treatment is also what documents a threshold-clearing injury.
Photograph the vehicles, plates, the intersection, and your injuries; collect witness names and numbers. In the city, nearby businesses and traffic cameras may hold footage — but most systems erase within days.
The NF-2 application must reach the correct insurer within 30 days. We identify the right carrier — not always obvious with rideshares, commercial vehicles, and out-of-state policies — and file it properly so your benefits never give the insurer an easy denial.
The other insurer's adjuster may call within hours. Politely decline to discuss the crash or your injuries until you've spoken with a lawyer — those statements are used to attack the serious injury threshold later.
We take over the paperwork, the deadlines, the investigation, and every insurer conversation so you can focus on recovering. The consultation is free, and the earlier we start, the more evidence we can preserve.
Catastrophic crashes proceed through our brain & spinal injury and wrongful death practices with the same trial-ready standard.
From our office at 449 Bay Ridge Avenue in Brooklyn, we represent people injured in crashes across the five boroughs and beyond — on the Belt Parkway, the BQE, the Gowanus and Cross Bronx Expressways, the FDR, the Grand Central Parkway, Queens Boulevard, Flatbush and Atlantic Avenues, and every street in between. New Jersey cases run through our Elmwood Park office, and cross-border crashes are handled by both.
Whether your crash left you with a sore neck or a life-changing injury, you get the same thing from us: direct attention from John Onal, a full investigation, and a file prepared as if it's going to trial — because that's what makes an insurance company take a New York case seriously in the first place.
Free consultation. No fee unless we win. Available 24/7.
Generally three years from the date of the crash (CPLR §214); wrongful-death claims within two years. If a city bus, sanitation truck, police vehicle, or other government vehicle was involved, a Notice of Claim must be served within 90 days (GML §50-e) and the lawsuit filed within one year and 90 days — a far shorter clock than most people expect.
New York requires a no-fault application (Form NF-2) filed with the correct insurer within 30 days of the accident to receive benefits for medical bills and lost earnings. File late without a reasonable excuse and the insurer can deny benefits entirely. It's the most missed deadline in New York accident law — and the first thing we take off your plate.
Under Insurance Law §5102(d), you can only sue for pain and suffering if your injury fits a "serious injury" category: a fracture, significant disfigurement, permanent loss of use, permanent consequential limitation, significant limitation of a body function, loss of a fetus, dismemberment, death — or a medically determined injury that prevents your usual daily activities for at least 90 of the first 180 days. Insurers attack the threshold in nearly every case; the medical record we build is what defeats that.
New York follows pure comparative negligence (CPLR §1411): you can recover no matter your percentage of fault — even a driver 90% responsible can recover 10% of their damages. There's no 50% cutoff like New Jersey. The fight is over the percentage, and we fight it with evidence.
Your own SUM (supplementary uninsured/underinsured motorist) coverage may pay the claim. If there's no auto policy in your household — common for city pedestrians and cyclists — you may qualify through MVAIC, the Motor Vehicle Accident Indemnification Corporation, which has its own strict notice deadlines. We trace every available path.
That's a genuine conflict-of-law question — which state's benefits system, threshold, and deadlines govern can change the value of your case. With offices in Elmwood Park, NJ and Brooklyn, NY, cross-border cases are something we handle all the time, and we sort out which rules help you most.
Claims against New York City, the MTA, or any public entity require a Notice of Claim within 90 days — and involve special steps like a 50-h hearing, where the city questions you under oath before any lawsuit. These cases run on a completely different clock, so call quickly.
Not before speaking with an attorney. Recorded statements are used to dispute the serious injury threshold and shrink your claim. You're not required to give one — we handle every insurer conversation for you.
Nothing up front. We work on contingency: no fee unless we recover money for you, and the consultation is always free and confidential.
It depends on your treatment and prognosis, lost income, whether your injury clears the serious injury threshold, the fault evidence, and every layer of coverage available — the driver's policy, your SUM coverage, and any commercial or TLC policy on the vehicle. We give you an honest assessment of your specific case, free.
