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New York City Car Accident Attorney

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Getting injured in a car accident in NYC can be extremely stressful. You may have serious injuries that require expensive medical care and interfere with your ability to work. You may also be suffering from physical pain and emotional distress. At Torgan Cooper + Aaron, our New York City car accident attorneys can help you get the justice you deserve.

We can guide you through the entire legal process while you focus on you. We care about what you’re going through and will fight for your future using proven and aggressive legal strategies. After a car accident makes your future uncertain, our legal team will help you put your life back together. Call our local law firm at (212) 232-2500 to find out how our car accident lawyers can help you.

Why Hire Torgan Cooper + Aaron for Your Car Accident Claim?

  • We cater to our clients in all that we do. We devote individual attention to each case and will travel to you if that’s more convenient.
  • We have a reputation for excellence. Our law firm is one of the best in the nation, with an unparalleled history of success and groundbreaking verdicts and settlements
  • A legal consultation to discuss your potential car accident case with one of our auto accident lawyers is free and comes with no obligation to hire our law firm.

How Can a New York City Car Accident Lawyer Help?

A New York City auto accident attorney will have what you need to create a strong claim to financial compensation. Your lawyer will have an in-depth understanding of New York’s car accident laws, for example, that can be used to answer your questions and guide your legal strategy. Your lawyer will also have connections to investigators, qualified experts, and local courts and judges.

You can trust that your car accident attorney will know how to negotiate with insurance companies that may otherwise try to take advantage of you. Your lawyer will determine the true value of your claim, then use aggressive techniques to fight for the results that you deserve. Furthermore, hiring a New York City personal injury lawyer experienced in auto accident claims gives you the ability to focus on healing from a devastating car accident while a dedicated legal professional handles complicated case issues for you.

What To Do After a Car Accident in New York City

  1. Find a safe location and pull over immediately.
  2. Check yourself and others for injuries. Render aid, if necessary.
  3. Call 911 to report the crash if there are injuries, deaths or more than $1,000 in property damage.
  4. Do not admit fault.
  5. Exchange information with the other driver.
  6. Take photographs of the crash scene.
  7. Get your police report number.
  8. Go to the nearest hospital for medical care.
  9. Report the crash to your auto insurance company.
  10. Consult with a New York City car accident attorney before settling your claim.

Types of Car Accident Cases We Handle

Many different types of motor vehicle accidents can cause serious injuries. At Torgan Cooper + Aaron, our experienced car accident lawyers in New York City can help you and your family after any type of collision. We represent clients on many different cases, including:

We can also handle any accident type, including rear-end collisions, intersection accidents, T-bone accidents, head-on collisions, catastrophic injury accidents, and fatal accidents. We know how to go up against any defendant in New York, including taxicab companies, Uber and Lyft, the city government, schools, trucking companies, and employers.

Common Causes of Car Accidents in NYC

Almost all car accidents in New York City are preventable. They take place when one or more drivers are negligent, meaning that the driver failed to use an appropriate level of care and this resulted in harm to others. Driver error is the number one cause of auto accidents in New York. Common examples of driver errors in NYC include:

  • Distracted driving
  • Texting while driving
  • Drowsy driving
  • Driving under the influence of drugs and/or alcohol
  • Speeding
  • Failing to yield the right-of-way to others
  • Failing to stop at a traffic light or stop sign
  • Following too closely
  • Aggressive or road rage driving
  • Reckless driving

Other common causes of automobile accidents are:

  • Poor vehicle maintenance
  • Vehicle part defects and malfunctions
  • Roadway hazards or defects, such as broken traffic lights
  • Poor road design
  • Poor weather, such as ice and snow

If someone reasonably could have prevented your car crash in New York City, that person’s insurance company may be responsible for your medical bills and other expenses. However, you will need to navigate New York’s unique no-fault insurance law to recover financial compensation.

Is New York a No-Fault State?

Yes, New York is a no-fault car insurance state. This means that, in general, drivers are reimbursed by their own insurance companies for their medical bills and other costs, regardless of who caused the car accident. All drivers in New York must carry minimum liability coverage, as well as personal injury protection (PIP) insurance for their own medical bills.

No matter who was at fault for your car accident, you will file a claim with your own insurance company, with only some exceptions. New York has what is called a no-fault threshold. If you meet this threshold, you will have the right to file a third-party lawsuit outside of the no-fault insurance system. Article 51 of the New York State Insurance Law defines a serious injury as one that results in any of the following:

  • A bone fracture
  • Permanent loss of a body function or organ
  • Permanent or significant limitation of the use of a body part
  • A medically determined injury that interferes with activities of daily life for at least 90 days
  • Significant disfigurement
  • Dismemberment
  • Loss of a fetus
  • Death

You may also be able to hold someone else accountable for your car accident if you sustained significant economic loss – more than $50,000 in combined medical expenses and lost wages. You will also be outside of New York’s no-fault system if you are injured in a motorcycle accident. Filing a lawsuit outside of the system means holding another driver’s insurance company responsible for your injuries and losses rather than filing a PIP claim.

Common Car Accident Injuries

Many car accidents in New York City cause serious injuries, especially when they involve bicyclists and pedestrians. The forces exerted on the human body in a car accident can cause a range of injuries, including permanent damage. Some of the most common injuries suffered in car accidents are:

  • Fractures
  • Soft-tissue injuries
  • Whiplash
  • Cuts, scrapes and lacerations
  • Knee injuries
  • Rib and chest injuries
  • Head trauma and brain injuries
  • Concussions
  • Back injuries
  • Spinal cord damage
  • Crush injuries
  • Burns
  • Losses of limb
  • Internal injuries

At Torgan Cooper + Aaron, we have the means to represent clients with severe to catastrophic injuries. Our New York City car accident lawyers can help you with any type of crash injury, pursuing maximum financial compensation on your behalf. We can also help your family with a wrongful death claim if you tragically lost a loved one in a fatal car accident in NYC.

What Happens if You Share Fault for an Accident?

Your ability to obtain no-fault benefits is not affected by your contribution to a car accident. You are eligible for coverage from your own PIP insurance whether you caused the crash or not. If you wish to bring a third-party claim against the other driver involved in the crash, however, your portion of fault for the collision can reduce your financial recovery.

New York is a comparative fault state, meaning state law allows an injured victim to recover partial financial compensation if he or she contributed to the accident. Your comparative fault does not bar you from financial recovery. However, it can reduce your monetary award by the proportion of fault attributable to you.

How to Talk to Insurance Claims Adjusters

After you report your car accident to an insurance company, a representative with the title of “insurance claims adjuster” will contact you for more details. Be careful what you say to the claims adjuster, as he or she is not on your side. The adjuster is hired by the insurance company to try to increase profitability and diminish clients’ claims.

No matter how friendly or helpful the insurance claims adjuster seems to be, he or she works for the insurance company and does not want to maximize your financial recovery. Keep this in mind during your conversations. Use the following tips to protect yourself while talking to an insurance company about your car accident:

  • Do not admit fault. Admitting any portion of fault for the collision could immediately end the investigation and bar you from financial recovery.
  • Do not give a recorded statement. The adjuster may ask your permission to record a statement. Politely refuse and state that you will submit a written statement instead. That way, the insurance company will not have anything to use against you later.
  • Do not sign anything given to you by the insurer. Paperwork such as Medical Authorization Release Forms may not be worded fairly. Bring anything sent to you by the insurance company to an auto accident attorney for review before signing.
  • Do not rush into a fast settlement. Although you may wish to resolve your car accident case as quickly as possible, the initial offer may not be adequate for your injuries and losses. Discuss your rights with a car accident lawyer before saying yes.

These tips apply when you are talking to a representative from your own auto insurance company as well as the insurer of the other driver. All insurance companies prioritize their profits over the recoveries of their clients. If you do not wish to talk to an insurance company or claims adjuster on your own after an auto accident, you have the right to hire a car accident attorney in New York City to take over these conversations on your behalf.

What Is the Statute of Limitations on a Car Accident Lawsuit in New York?

There is an important law known as a statute of limitations that you must obey while filing a car accident lawsuit in New York. The statute of limitations places a strict time limit on your right to file a third-party suit. With only a few exceptions, if you file too late, the courts in New York will dismiss your claim and you will not be eligible for financial recovery.

In New York, the statute of limitations on a car accident lawsuit is three years from the date of the crash or the discovery of injuries. This is the same statute of limitations for most types of personal injury cases, other than medical malpractice lawsuits. It is important to speak to a New York City auto accident lawyer as soon as possible to ensure that you file by your deadline. Otherwise, you may lose the right to recover compensation.

Compensation for Car Accident Victims in New York

If your source of financial recovery is a no-fault car insurance claim, your personal injury protection coverage will pay for your medical bills, lost wages and other economic losses up to your policy’s maximum. You will not receive property damage coverage, however, unless you have comprehensive car insurance.

If you have grounds to file a third-party claim, you may be eligible for all of the following damages, which is the legal term for financial compensation that you can obtain for various losses:

  • Vehicle and property repairs
  • Past and future medical expenses
  • Losses of income
  • Disability costs
  • Pain and suffering
  • Emotional injuries
  • Loss of consortium
  • Punitive damages
  • Wrongful death damages

The value of your particular car accident case is something that you can discuss in detail with one of our NYC car accident attorneys. Every claim is unique. The value of your case will depend on factors that are specific to you, such as the gravity of your injuries, how long it will take you to heal and the amount of insurance coverage available.

Free Consultation With a Car Accident Attorney in New York City

If you or a loved one has been injured in a car accident, our auto accident attorneys are here to get the justice you deserve. We understand what you’re going through during this stressful time and offer quality legal services to help you recover compensation and move forward. We will customize our legal strategies based on the unique aspects of your case to achieve the best results possible for you and your family.

Discuss all the ways our New York City car accident lawyers at Torgan Cooper + Aaron can help you. Call our local law office at (212) 232-2500 or contact us online and we will get back to you as soon as possible to schedule a free case evaluation. We are proud to serve clients in all five boroughs of NYC.