Not every car accident requires a lawyer. A minor scrape with no injuries and a clear insurance response may be handled without one. Other accidents involve injuries, disputed fault, or insurance problems, and in those situations many people want legal advice. This article describes the factors that can matter in New York. It is general information, not advice about a particular accident. People who want to speak with Bisogno & Meyerson, LLP can start with the firm’s page on car accidents.
The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from the Brooklyn office.
First, the Immediate Steps
Safety and health come first. Call 911 if anyone may be hurt, and get medical attention even if symptoms seem mild, since some injuries show up later. If you can, exchange names, contact details, license plate numbers, and insurance information, and photograph the vehicles, the scene, and any visible injuries. Ask for the names of witnesses. In New York, a police report can be useful, and certain accidents must be reported to the DMV, so check current requirements. Avoid arguing about fault at the scene.
Situations Where People Often Seek Legal Advice
You were injured
Injuries are the most common reason. New York’s no-fault system pays some medical costs and lost earnings regardless of fault, but pain and suffering damages require a “serious injury” under Insurance Law § 5102(d). Whether an injury meets that threshold is decided on the medical evidence.
Fault is disputed
If the other driver blames you, or if several vehicles were involved, the facts can become complicated. New York applies pure comparative negligence under CPLR 1411, so partial fault reduces damages rather than barring a claim. See our blog on what comparative negligence means in New York.
Insurance problems
An insurer may delay, deny, or question a claim. The other driver may be uninsured or underinsured. The vehicle may be a rideshare, taxi, commercial vehicle, or city vehicle, each of which raises its own questions. See the firm’s pages on taxi, car service, and Uber accidents and truck accidents.
Deadlines That Do Not Wait
Two deadlines catch people off guard. First, no-fault applications are generally due within 30 days of the accident, and missing that window can put benefits at risk. Second, most personal injury lawsuits in New York must be started within three years under CPLR 214, and claims against government entities can require a notice of claim much sooner, often within 90 days. A lawyer can check the dates that apply to your facts. Our blog on how long personal injury cases take explains the stages after that.
Why Early Advice Can Matter
Even in a case that seems simple, early choices can shape what follows. Medical records made close to the accident document what happened. Photographs and video, including security or dashboard camera footage, may be overwritten within days or weeks. Witnesses become harder to reach as time passes. A short conversation with an attorney does not commit you to anything, and it can help you understand which documents to keep and which statements to avoid. If you were injured while working, such as a delivery driver or a worker in a company vehicle, workers’ compensation may also be involved, and the interaction between the two systems is a good reason to ask questions early.
What a Lawyer Can and Cannot Do
An attorney can explain your options, communicate with insurers, gather records, and file claims or lawsuits within the deadlines. An attorney cannot promise an outcome, and the fee arrangement, costs, and risks should be explained in writing before you hire anyone. In New York, personal injury attorneys are often paid on a contingency, which is a percentage of any recovery, and the written agreement should say what happens with expenses. You are free to ask about those terms at a first meeting.
What You May Not Need a Lawyer For
Some tasks are routine: reporting the accident to your own insurer, getting a repair estimate, and filing a no-fault application on time. Many people handle those on their own. A lawyer may still be helpful if the insurer is not responding as the policy requires.
Questions Worth Asking at a First Meeting
Ask who will handle your case, how you will be updated, what the fee agreement says about costs, what records will be needed, and what the main deadlines are. A good meeting should leave you with a clearer understanding of the process, not pressure to sign. Reading about no-fault insurance in New York before the meeting can help, and the firm’s no-fault information page is another resource.
Talk With Our Firm
Bisogno & Meyerson, LLP has concentrated in personal injury and workers’ compensation work since 1994. A free consultation is a conversation about facts, deadlines, and options. It is not a prediction of fault or of any recovery, and every case is different, so speak with an attorney about your own situation. A short firm overview describes the practice.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.