Hurt in a crash on the Staten Island Expressway, Hylan Boulevard or anywhere in New York City? Our Staten Island car accident lawyer team works from 91 Lincoln Avenue and handles cases across all five boroughs. New York has a 30-day benefits deadline and a "serious injury" threshold, so it helps to call early.
After a car accident in New York, three rules control your case. First, you must file a no-fault application (Form NF-2) within 30 days to get benefits for medical bills and lost earnings. Second, you can sue for pain and suffering only if your injury meets New York's "serious injury" threshold under Insurance Law §5102(d). Third, you generally have three years to sue, but only 90 days to file a Notice of Claim if a city bus, sanitation truck or other public vehicle was involved. Our Staten Island car accident lawyer team also handles all of it. The consultation is free: (201) 335-6788.
A New York car accident case, however, often turns on details most people have never heard of. For example, did the NF-2 reach the right insurer in time? Do the medical records show an injury that meets the threshold? Does a Notice of Claim apply? And how many layers of coverage exist, from the other driver's policy to your own SUM coverage or a commercial or TLC policy?
From our office at 91 Lincoln Avenue, we investigate the crash, request police reports and camera footage before they are erased, and file your no-fault paperwork. We also build the medical record that the serious injury threshold requires, because in New York that threshold decides whether you can recover for pain and suffering.
In addition, you work directly with John Onal from the first call to the end of the case. We represent clients in English, Spanish and Turkish.
New York is a no-fault state. In other words, your own auto insurer pays your first medical bills and lost earnings no matter who caused the crash. However, two rules attached to that system decide many cases before they start.
First, 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. If you file late without a reasonable excuse, the insurer can deny benefits. That is why getting it filed with the right carrier is the first thing we handle.
No-fault pays bills, but it never pays for pain and suffering. To sue the at-fault driver for that, your injury must meet Insurance Law §5102(d), for example:
Insurers challenge the threshold in many cases. For that reason, the medical record matters from day one.
New York's basic no-fault coverage pays up to $50,000 per person in basic economic loss: medical treatment, part of your lost earnings (up to $2,000 a month for up to three years) and some other costs. However, serious injuries can use that up quickly. As a result, finding every other layer of coverage, including the at-fault driver's policy and your own SUM coverage, matters.
Most New York car accident lawsuits must be filed within three years (CPLR §214), and wrongful death claims within two years. However, if a public vehicle was involved, such as a city bus, a sanitation truck or a police car, you must serve a Notice of Claim within 90 days (General Municipal Law §50-e) and sue within one year and 90 days.
New York follows pure comparative negligence (CPLR §1411). You can recover even if you were partly at fault, and your award is reduced by your share. Unlike New Jersey, there is no 50% cutoff. Still, the other insurer will try to raise your percentage, so evidence matters.
If the driver was uninsured, underinsured or fled, your own SUM coverage may pay. In addition, New Yorkers with no auto policy in the household, including many pedestrians and cyclists, may qualify through MVAIC, which has its own strict notice deadlines.
Staten Island has three bridges to New Jersey, and it also carries heavy traffic to Brooklyn over the Verrazzano. Because of that, many crashes here involve drivers, insurers or trucks from two states. As a result, a Staten Island car accident lawyer with offices in both states can handle both sides.
For example, crashes on these routes are common in our Staten Island cases:
In addition, a crash on or near a bridge can raise questions about which state's rules apply:
For example, a crash with an MTA bus, a city sanitation truck or a police vehicle usually needs a Notice of Claim within 90 days. Larger Staten Island claims are generally filed in Supreme Court, Richmond County, in St. George, while smaller claims may go to Civil Court.
In fact, thousands of drivers cross between Staten Island and New Jersey every day, and the two states handle car accident law differently. If you live in one state and crashed in the other, which rules apply can change your case. With offices in Staten Island, NY and Elmwood Park and Cliffside Park, NJ, we handle both.
| 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 for Form NF-2 |
| Right to sue for pain and suffering | Verbal threshold, if your policy has the limitation-on-lawsuit option | "Serious injury" threshold (Ins. Law §5102(d)) |
| Shared fault | Barred if more than 50% at fault | Pure comparative fault; recovery reduced by your share |
| Public vehicle involved | Notice within 90 days (Tort Claims Act) | Notice of Claim within 90 days (GML §50-e); suit within 1 year and 90 days |
| Basic first-party benefits | PIP from $15,000 to $250,000 depending on the policy | $50,000 basic economic loss per person |
Hurt on the New Jersey side? See our New Jersey car accident lawyer page.
In particular, these crashes are common on the Expressway and at bridge approaches. They also cause many neck, back and head injuries.
For example, red-light and left-turn crashes cause serious side impacts. In addition, traffic cameras may hold the proof if footage is requested in time.
In addition, TLC-licensed vehicles carry commercial coverage that many passengers do not know about. Our rideshare accident practice sorts out who pays.
Pedestrians and cyclists, however, often suffer the most serious injuries. Also, no-fault benefits often still apply even though you were not in a car.
Also, when the driver flees or has no coverage, we pursue your SUM coverage. For people without a household auto policy, we also look at an MVAIC claim.
In addition, delivery trucks and buses bring commercial policies and federal rules. See our New York truck accident page. A city or MTA bus also adds the 90-day Notice of Claim.
Free consultation · Staten Island office · English, Spanish & Turkish
Call (201) 335-6788 nowFirst, report the crash so there is a police report, and see a doctor even if you feel fine. Concussions and disc injuries often show up days later, and early treatment also documents the injury.
Then photograph the vehicles, plates, the intersection and your injuries, and get witness names. Nearby businesses and traffic cameras may also have footage, but many systems erase it within days.
Also, the no-fault application must reach the correct insurer within 30 days. We identify the right carrier, which is not always obvious with rideshares, commercial vehicles and out-of-state policies, and file it for you.
The other insurer may call within hours. However, you do not have to discuss the crash or your injuries before you speak with a lawyer.
Finally, call a Staten Island car accident lawyer. We take over the paperwork, deadlines, investigation and insurer calls so you can focus on recovering. The consultation is free.
Serious crashes also go through our brain and spinal injury and wrongful death practices.
Our New York office is at 91 Lincoln Avenue, Staten Island, NY 10306. From there, our Staten Island car accident lawyer team also represents people hurt in crashes across the five boroughs, for example on the Staten Island Expressway, the Belt Parkway, the BQE, the Gowanus and the Cross Bronx. In addition, New Jersey cases run through our Elmwood Park and Cliffside Park offices, and cross-border crashes are handled by both.
In fact, 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 will go to trial.
The consultation with our Staten Island car accident lawyer is also free, and we answer the phone 24/7.
In general, you have three years from the crash (CPLR §214), and two years for wrongful death. However, if a city bus, sanitation truck, police car or other public 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.
First, New York requires a no-fault application (Form NF-2) filed with the correct insurer within 30 days of the accident. If you file late without a reasonable excuse, the insurer can deny benefits. That is why we handle it first.
Under Insurance Law §5102(d), you can sue for pain and suffering only if your injury fits a "serious injury" category, for example a fracture, significant disfigurement, a permanent or significant limitation, or an injury that keeps you from your usual activities for 90 of the first 180 days.
New York follows pure comparative negligence (CPLR §1411). In other words, you can recover even if you were partly at fault, and your award is reduced by your share.
Larger Staten Island car accident claims are generally filed in Supreme Court, Richmond County, in St. George, while smaller claims may go to Civil Court. However, the right court depends on the facts of the case.
That depends on the facts. In addition, it can change which benefits, threshold and deadlines apply. Because we have offices in both states, we can review it from both sides.
Your own SUM coverage may pay. Also, if there is no auto policy in your household, you may qualify through MVAIC, which has its own strict notice deadlines.
Nothing up front, because we work on contingency, so there is no attorney's fee unless we recover money for you. You may still be responsible for case costs and expenses, even if there is no recovery, as explained in your written fee agreement. The consultation is free.
Yes. We represent clients in English, Spanish and Turkish. Türkçe bilgi için buraya tıklayın.
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The information on this page is general information and is not legal advice. Laws, deadlines and insurance rules change, and this page may not reflect the latest developments, so do not rely on it without speaking with an attorney about your situation. Contacting the firm does not create an attorney-client relationship, and information sent before a relationship is established in writing may not be treated as confidential. Contingency fee: there is no attorney's fee unless we recover for you. You may still be responsible for case costs and expenses, even if there is no recovery, as set out in your written retainer agreement.
