-
2.1 Million Motor Vehicle Accident
Record-Setting -
1.7 Million Commercial Auto AccidentRecord-Setting
-
1.2 Million Rideshare Vehicle AccidentRecord-Setting
Common Causes in Car Accidents
Understanding the common causes can help establish fault and build a strong compensation case.
- Distracted Driving: Distracted driving is considered one of the leading causes of car accidents. Whether it involves texting, talking on the phone, eating, or changing the radio, any activity that takes a driver's attention away from the road increases the likelihood of a collision.
- Speeding: Speeding significantly reduces a driver's ability to react to sudden changes in traffic conditions. Because of the increased force of impact, high-speed collisions often result in severe injuries.
- Drunk Driving: Driving under the influence of alcohol or drugs is a grave offense that poses a grave danger to all road users. Drunk drivers exhibit impaired judgment, slower reaction times, and diminished coordination, leading to devastating accidents.
- Reckless Driving: Reckless driving encompasses a variety of dangerous behaviors, including aggressive driving, tailgating, and excessive lane changes. These actions indicate a blatant disregard for the safety of others on the road.
- Weather Conditions: Adverse weather conditions such as rain, snow, and fog can make driving hazardous. While drivers are expected to modify their driving to suit the weather, not all do so responsibly.
- Vehicle Defects: Sometimes, car accidents result from mechanical failures or defects in the vehicle. Faulty brakes, tire blowouts, or steering issues could result in loss of control and subsequent collisions.
No-Fault Car Insurance
New York is a no-fault state, which means your own auto insurance will typically pay for your medical bills regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP). It covers up to $50,000 per person for necessary medical expenses, lost wages, and other reasonable costs. You must file a no-fault claim within 30 days of the accident. If your injuries are serious (e.g., broken bones, significant disfigurement, or long-term disability), you may be able to step outside the no-fault system and sue the at-fault driver.
PIP insurance covers three basic things:
- Medical expenses
- Economic losses
- Funeral and burial costs
Unfortunately, PIP insurance does not cover non-monetary losses, like pain and suffering. However, you can sue the other driver if your injuries meet the “serious injury threshold” under New York law. This includes catastrophic injuries injuries like fractures, permanent loss of a body function, significant disfigurement, or disability lasting 90 of the first 180 days after the accident. A lawsuit can allow you to seek compensation for pain and suffering, emotional distress, and other damages not covered by no-fault insurance.
FAQs About Car Accident Claims in Queens, NY
Do I need to report the accident to the police in Queens, NY?
Yes, under New York law, if anyone is injured or there’s over $1,000 in property damage, you must report the accident to the police. It’s also wise to have a police report for any insurance or legal claims, even if it seems minor at the time. In Queens, NYPD officers often respond to crashes and will complete an MV-104A report. If police do not come to the scene, you must file a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days.
What if the other driver was uninsured or fled the scene?
If the at-fault driver was uninsured or left the scene of the accident (hit-and-run), you can still pursue compensation through your own Uninsured Motorist (UM) coverage. This is a part of your auto insurance that covers you and your passengers for injuries caused by drivers with no insurance or unknown identity. You must notify your insurance company right away and file the appropriate claims. These situations can be legally complex, so legal advice is often recommended.
What is "comparative negligence," and how can it affect my claim in Queens, NY?
New York follows a pure comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% responsible and your total damages were $100,000, you would still be able to recover $70,000. Insurance companies often try to assign some blame to lower payouts, so it’s important to have strong evidence supporting your case.
How much is my car accident case worth in Queens?
The value of a car accident case depends on several factors, including the severity of your injuries, the extent of medical treatment needed, lost wages, pain and suffering, and whether you were partially at fault. Minor injury cases might settle for a few thousand dollars, while serious injury claims can be worth hundreds of thousands or more.
How long do I have to file a car accident claim?
Understanding the statute of limitations is critical when considering legal action after a car accident in New York. The statute of limitations sets a deadline within which a lawsuit must be filed. In New York, the general statute of limitations for personal injury claims from a car accident is three years.
The three-year time frame typically starts from the date of the accident. However, there can be exceptions based on the specific circumstances of the case. For instance, if the car accident resulted in a fatality, the family of the deceased has two years from the date of death to file a wrongful death lawsuit.
How long does it take to settle a car accident claims?
The timeline for settling a car accident claim can vary widely. Simple cases with clear liability and minor injuries might settle within a few months, while more complex claims—especially those involving serious injuries or multiple parties—can take a year or longer. Factors that influence timing include the length of medical treatment, insurance negotiations, and whether a lawsuit is filed. While a quick settlement might seem appealing, it's often better to wait until you understand the full extent of your injuries and damages.
Can I file a claim if I was a passenger in a car accident?
Yes, if you were a passenger in a car accident in Queens, you can file a no-fault claim for your medical bills and lost wages through the insurance policy of the car you were riding in. If another driver was at fault—or even the driver of the car you were in—you may also be able to file a personal injury claim against them. Passengers are almost never held liable for accidents, so your chances of recovery are usually strong.
Will my insurance rates go up if I file a claim?
Whether your insurance rates increase depends on the circumstances of the accident and your insurer’s policies. If you were not at fault and you’re only using your no-fault benefits (PIP), your premiums may not rise. However, if you were found to be at fault, or if you file multiple claims in a short period, your rates could increase. It’s always a good idea to speak with your insurance provider to understand how a claim might affect your policy before filing.
Do I need an attorney to handle my car accident claim?
While you're not legally required to have a lawyer, having one can significantly increase your chances of receiving full compensation—especially if you’ve suffered serious injuries or your claim is being disputed. Insurance companies often try to minimize payouts, and a skilled personal injury attorney can negotiate on your behalf, gather evidence, calculate damages, and, if necessary, represent you in court. Since traffic and insurance issues can get complicated, our Queens car accident lawyer at can help you avoid mistakes and focus on recovery.
Hurt after a serious car wreck? Do not hesitate to call our car accident attorney in Queens at (718) 340-3385 for a free consultation.
What to Do After a Crash
Call 911.
It’s important to remain as calm as possible after any personal injury. Contact the police. This is especially crucial in a car accident. Don’t make any rash judgment that could hurt you physically and financially. Don’t take immediate blame for the accident—have the authorities intervene. Remain safe directly following the accident.
Get medical help.
As always, safety first. If you are injured in the accident, your wellbeing is most important. Ensure you cooperate with police or EMS to handle any injury. Medical expenses can be compensated for later. Do not be afraid to prioritize any injury you may have. Assess the seriousness of any harm and keep medical records. You can later turn those documents over to your attorney for proper compensation.
Exchange information.
New York State Vehicle and Traffic Law require you to exchange information with the other driver(s). This includes driver’s license information, license plate number, insurance information, and registration. Be forthright with the other individual(s) affected by the accident so that you are provided with all potentially necessary information. Do not discuss fault or anything outside of basic informational exchange.
Get contact information from witnesses.
Witnesses can be vital in clearing up what actually happened in an accident. Since the majority of the time, the only witnesses are the drivers, getting contact information from a third-party witness can be extremely helpful. If both drivers are contesting the fault of an accident, having a strong witness helps the adjustor compare the drivers’ stories to an independent account. It is impor,tant the,ough to consider the credibility of the witness. A reliable witness was not alerted to the scene by the sound of a crash but was at the scene and can recount the full extent of the accident.
Take photographs.
Documenting the accident with photographs is critical. When insurance adjusters are investigating the accident, photographs provide indisputable proof of the damage at the time of the accident. In addition, photographs can also prove the location of the accident and if there were any poor weather conditions. Photographs should not only be of the car, but any images of the surrounding area that help piece together the scene.
Have the car towed, if necessary.
If your car is damaged enough, it may need to be towed. Since fault is not always determined at the moment of a crash, it will not be clear in the moment whose insurance will cover the towing. Instead of calling the insurance company to inquire about towing, you should contact a towing company by yourself and keep receipts of the cost.
Report the accident and contact your attorney first.
Never speak with the insurance company without first contacting our office. They record your conversations and will use anything you say against you during the pendency of your claim. If property damage exceeds $1,000, you are required by New York State Vehicle and Traffic Law to file an accident report to the DMV (MV-104) no more than 10 days after the accident. Before you contact your insurance, it is extremely important to contact an experienced attorney. No-fault insurance and at-fault liability insurance can be confusing. An attorney can help you navigate the route for compensation or sue for personal injury. Insurance companies attempt to settle your case quickly and efficiently with the least amount of expense, but an attorney will ensure your rights are protected through the process.
Car accidents are an unforeseen tragedy. It is imperative to understand the necessary actions to take after an accident so that you can limit long-term impact. This includes understanding the priority of safety, laws, and insurance claims. We are available to help you manage the procedure following a car accident.
If you or someone you know has recently experienced a car accident, or if you have questions about the matter, contact our offices at (718) 340-3385.
Awards & Recognitions
Making A Difference One Client At A Time
-
Sweet Face - via Google
"Seni Popat was helpful, informative, knowledgeable and kind."
-
Daniel D. - via Google
"Outstanding transparency and communication."
-
Former Client - via Google
"Mr. Seni Popat and his team, at once, put me at ease, explicitly explaining and preparing me."
-
Deandra Lindor C. - via Google
"The best you can find!"
-
Isaek E. - via Google
"Professional with a family feel."