New York Car Accident Lawyers Focused on Protecting You
A serious car accident can change everything in an instant. One moment you’re going about your day, and the next you’re dealing with injuries, medical appointments, lost income, and constant calls from insurance companies. When you’re hurt and overwhelmed, the decisions you make early on can affect your health, finances, and legal rights long-term.
At Tokov Law, we represent individuals across New York who have been injured in car accidents caused by negligence. Our approach is practical, thorough, and client-focused. We handle the legal and insurance issues so you can focus on your recovery, while making sure no opportunity for compensation is overlooked.
We offer free consultations, and you pay nothing unless we recover compensation for you. With strict deadlines under New York law, speaking with a lawyer early can be critical. Give Tokov Law a call today!
Car Accidents in New York: What You Should Know
New York’s roadways are among the busiest in the country. Dense traffic, aggressive driving, distracted motorists, and heavily traveled highways make accidents a daily reality particularly in boroughs like Brooklyn and Queens. Intersections, highways, and congested local streets create frequent collision points.
Common types of motor vehicle accidents in New York include:
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Rear-end collisions
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T-Bone Collisions
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Side Swipes Collisions
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Rideshare and commercial vehicle Accidents
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Pedestrian and cyclist accidents
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Rideshare and commercial vehicle Accidents
Many of our clients suffer injuries that impact both their short-term health and long-term quality of life, including:
Step 2: Determining the Proper Grievance Path
- Concussions and traumatic brain injuries
- Neck, back, and spinal injuries
- Broken bones and internal injuries
- Psychological trauma such as anxiety or PTSD
- Missed work, reduced earning ability, and ongoing rehabilitation needs
Based on years of client experience, accidents are frequently caused by:
- Distracted driving (texting, GPS use, phone calls)
- Speeding in congested areas
- Unsafe or aggressive lane changes
- Failure to yield to pedestrians or cyclists
- Drunk or drug-impaired driving
- Road rage and reckless behavior
Even if you believe you were partially at fault, New York law may still allow you to recover compensation.
Comparative Negligence in New York
New York follows a pure comparative negligence rule. This means responsibility can be shared among multiple parties, and your compensation may be reduced by your percentage of fault.
For example, if your damages are valued at $100,000 and you are found 20% responsible, you may still recover $80,000. Insurance companies often times attempt to exaggerate victim’s fault to reduce payouts. We actively challenge these tactics and advocate for fair fault assessment.
Car Accidents in New York: What You Should Know
New York is a no-fault insurance state, meaning your own auto insurance policy typically pays for medical treatment and certain financial losses regardless of who caused the crash. These benefits are provided through Personal Injury Protection (PIP) coverage.
Important Deadlines
Failure to meet filing deadlines can result in denial:
- No-fault claim notice: within 30 days
- Medical bill submission: within 45 days
- Lost wage claims: within 90 days
PIP benefits may cover:
- Up to $50,000 per person for medical expenses
- 80% of lost wages (up to $2000 per month)
- Transportation and out-of-pocket medical costs
- A death benefit for surviving family members
However, PIP does not cover:
- Pain and suffering
- Emotional distress
- Property damage
- Medical costs exceeding coverage limits
Not all healthcare providers accept no-fault insurance, and errors in paperwork can jeopardize benefits. We help ensure claims are properly filed and defended.
What Happens If No-Fault Benefits Are Denied?
Insurance companies routinely audit no-fault claims and may require an Independent Medical Examination (IME) with a doctor chosen by the insurer. These exams are often used to justify reducing or terminating benefits.
Clients commonly face:
- Payment delays or denials
- Excessive documentation requests
- Mandatory IMEs
- Disputes over medical necessity
When benefits are unfairly denied, we pursue all available remedies, including:
- Internal appeals
- Arbitration through the American Arbitration Association (AAA)
- Litigation against insurers acting in bad faith
When You Can Sue the At-Fault Driver
While no-fault insurance covers basic economic losses, New York law allows victims to file a personal injury lawsuit when injuries meet the “serious injury” threshold defined under Insurance Law §5102(d).
Serious injuries include:
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Death
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Dismemberment
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Significant disfigurement
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Injuries preventing normal activities for 90 out of 180 days
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Fracture
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Loss Of Fetus
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Permanent loss of use of a body organ, member, function or system
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Permanent loss of use of a body organ, member, function or system
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Permanent consequential limitation of use of a body organ or member
When this threshold is met, a lawsuit may allow recovery for:
- Pain and suffering
- Emotional distress
- Loss of future earning capacity
- Long-term care needs
We evaluate whether litigation is appropriate and explain the risks and benefits clearly before proceeding.
Proving Fault and Building a Strong Claim
A successful personal injury case depends on evidence. Our firm works quickly to preserve and develop critical proof, including:
- Police accident reports
- Medical records and diagnostic imaging
- Eyewitness testimony
- Photographs and video footage
- Surveillance and traffic camera evidence
- Expert opinions from medical and accident reconstruction professionals
Acting early increases the likelihood that evidence is preserved and witnesses remain available.
What to Do After a Car Accident in New York
Your actions immediately after an accident can affect your claim:
- Call 911 and seek emergency assistance
- Document the scene if safe to do so
- Seek medical attention—even if symptoms are mild
- Notify your insurance company cautiously
- Speak with a qualified car accident lawyer before giving statements
Compensation Available After a New York Car Accident
Depending on your case, compensation may include:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Out-of-pocket expenses
In rare cases involving extreme recklessness or intoxication, punitive damages may also be available.
Legal Fees: No Recovery, No Fee
Tokov Law handles car accident cases on a contingency fee basis:
- No upfront legal fees
- No hourly billing
- No payment unless we win
During your free consultation, we clearly explain fees, costs, and expectations so you can make an informed decision.
Frequently Asked Questions
Yes, we provide free, no-obligation case evaluations for all personal injury, real estate and property tax grievance matters.
Seek medical attention, report the accident to the police, and gather evidence and witness information if possible. You also need to notify your insurance company. Contact our firm for legal advice before speaking with other parties’ insurance companies
In New York, the statute of limitations for most personal injury cases is 3 years from the date of the accident. However, this can vary depending on the type of case. For example, wrongful death claims have a 2-year limit, and claims against government entities may have shorter deadlines. Contact an attorney right away to learn of any deadlines that apply to your case so they can file a claim for you on time.
We work on a contingency fee basis, so you pay nothing upfront. We only get paid if we win your case, typically taking a percentage of the settlement or court award.
Speak With Tokov Law Today
If you or a loved one has been injured in a New York car accident, you deserve knowledgeable guidance and strong advocacy. Tokov Law is committed to protecting your rights, challenging insurance companies, and pursuing the compensation you need to move forward.