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Queens Car Accident Attorney

Queens Car Accident Lawyers

Injured in a Car Wreck? We Can Help You Fight for Fair Compensation

A car crash can completely change your life in the blink of an eye. 

When someone else isn’t paying attention or is driving dangerously, there is often little you can do to avoid a collision. Sadly, such accidents tend to result in serious, life-altering injuries. The cost of these injuries, both in terms of financial expenses and physical and emotional harm, can be exorbitant.

After a car accident leaves you injured, you need an attorney who understands how to navigate the personal injury system and recover the rightful compensation you are owed. 

At Davidoff Law, we know what it takes to fight back against negligent drivers and liable insurance companies—and our long record of success proves that we know how to get results. If you were involved in a car accident in Queens, NY, turn to our firm today to learn how we can help you get back on your feet.

We handle all types of auto accident cases, including those that involve:

No matter what caused your car wreck, our Queens car accidents attorneys are here to help you get the compensation you deserve to help pay for your property damage and medical expenses.

Call us today at (888) 211-1116 for a FREE consultation.

On This Page:

Understanding New York’s No-Fault Insurance Laws

The state of New York is what is known as a “no-fault insurance state.” New York's No-Fault Insurance Laws are regulations that govern how auto insurance claims are handled in the state. Generally speaking, what this means is that anyone injured in a motor vehicle collision, regardless of fault, can collect compensation for their damages by filing a claim with their own insurance provider through their personal injury protection (PIP) coverage.

New York requires all registered vehicles to have no-fault insurance coverage. This coverage is included as part of the standard auto insurance policy and is mandatory for all drivers in the state.

Under the no-fault system, if you are injured in a car accident in New York, your own insurance policy (or the policy of the vehicle you were in, if you were a passenger) will provide coverage for certain economic losses, including:

  • Medical + rehabilitation expenses
  • Prescription medications
  • Lost income/wages
  • Transportation costs to medical appointments

Ostensibly, the purpose of no-fault insurance is to allow insured individuals to receive compensation relatively quickly without having to go through the litigation process. However, in reality, the process of filing for no-fault benefits after an auto accident is often tedious, complex, and confusing.

Insurance companies can use any mistakes made by claimants to deny coverage. It’s important that you work with a Queens car crash attorney after the accident in order to ensure that you do not make any unintentional errors on your claim that could ultimately end up costing you your right to recovery.

Serious Injury Threshold in New York

Because the no-fault insurance system only allows claimants to recover certain benefits—and, notably, it doesn’t not provide coverage for non-economic damages, such as pain and suffering—there may be some instances in which car accident victims wish to step outside the no-fault system and file a claim directly against the at-fault party’s insurance provider.

To bring a lawsuit against the at-fault party in New York, you must meet the "serious injury" threshold. This means that your injuries must meet one of the criteria defined in the law as "serious." These criteria can include significant disfigurement, bone fractures, and certain types of permanent injury.

ISC § 5102(d) specifically qualifies injuries as “serious” if the injury results in:

  • Death
  • Dismemberment
  • Significant disfigurement
  • A bone fracture
  • Loss of a fetus
  • Results in permanent disability/functional limitations
  • Results in significant functional limitations
  • Causes substantial and total disability for at least 180 days

If your injuries do not meet the threshold of a “serious injury” as defined by New York law, you are not permitted to file a claim against the person or party that caused the accident. However, if your injuries do qualify, you can seek compensation via a third-party injury claim or by filing a personal injury lawsuit.

You Were in a Car Accident: Now What?

After you’ve been in a car crash, it can be hard to think straight or know what to do. If you plan to try to recover compensation after your accident, however, it’s important that you take certain steps to improve your chances of a fair recovery.

If you’re injured, go to the hospital for immediate medical assistance. If necessary, call 911 for an ambulance. If you don’t require emergency treatment, it can help your case to gather information from the accident scene.

If possible, do the following immediately after the accident:

Gather Information and Take Notes

The more information you can collect about your accident, the easier it will be for your attorney to reconstruct what happened and secure evidence to be used in your case. This includes everything from (safely) taking pictures of the accident site to speaking to witnesses about what they saw. 

If possible, you should write down the name, contact information, and insurance information of the other driver or drivers involved in the crash. You may also want to record the names and information collected by the officer at the scene, as well as any paramedics who responded to a call.

Take Pictures of Both Cars

After an accident, it’s important to remember to take pictures not just of your own car but of the other car or cars involved, as well. These photos can serve as important evidence that can help investigators determine what happened and who was at fault for the accident.

Be Thorough with Your Doctor

If you go to the hospital, keep track of the medical professionals you consult with and write down what is discussed at each appointment. It can also help to keep a journal to keep track of your injuries and the ways in which your accident is affecting your life over time. Let your doctor know whether your injuries may be affecting your ability to work in any way, and make sure to complete the full course of treatment recommended by your doctor.

Know How to Handle Insurance Companies

As soon as you are physically able, connect with your insurance company to let them know what happened. If, however, an insurance company subsequently contacts you to discuss your accident, refer those calls to your attorney.

Talk to a Car Accident Attorney in Queens, NY

This is an essential step that can help you determine what to do after a car wreck. At Davidoff Law, our Queens car accident attorneys can advise you on what to do after your collision, helping you navigate the medical system and property damage you may have suffered after a crash. We can help you anticipate what a lawsuit might entail. If cost is a concern, remember that we work on contingency, which means you pay us nothing until we recover money for your recovery.

What NOT to Do After an Auto Accident

In addition to knowing what you should do after an accident, it’s important to know what not to do after a car crash. Don’t compromise your claim! 

Here, we’ve compiled some things you should keep in mind after the accident:

Don’t Assume You’re Fine

Whether you think you’ve been injured or not after an accident, it’s best not to make any assumptions. Sometimes, a car accident can cause injuries that may not show up until later. If you announce that you’re fine to anyone within earshot at your accident scene, this could potentially be used against you later if you try to recover compensation for injuries that showed up later. 

If you go home and postpone going to the doctor for a few days or weeks after your injury, it can be harder for your attorney to prove that your injuries are a result of the accident and not a result of something else that happened later. Similarly, don’t minimize (or exaggerate, for that matter) your symptoms to your doctor. Both your doctor and your attorney need to know the full extent of your injuries to provide the appropriate care and to pursue the maximum possible settlement. 

You should also make sure to complete the full course of treatment ordered by your doctor. Stopping treatment early because you feel better can hurt your case.

Don’t Abuse the Attorney-Client Privilege

If you hide information from your auto accident attorney or share with your doctor anything that your attorney told you, this can compromise your case.

Don’t Sign Anything

Oftentimes after an accident, insurers will make you an initial offer that might sound good—especially if it means that you get much-needed money right away. However, that offer is likely to be low. Insurers hope you will take their offer because you don’t know you could be getting much more. 

Similarly, don’t sign any medical waivers or any other documents anybody puts in front of you before consulting an attorney. Even a verbal statement to an insurer can be recorded and used against you to deny or minimize your claim. It’s important to talk to an attorney first who can put your situation in context, help you avoid mistakes and lay the groundwork for a more robust settlement.

Don’t Share Details on Social Media

Assume that the things you write on Facebook, Twitter, or other social media sites can be captured and seen by anyone. Anything you write on these sites can be used later against you in court, and could compromise your claim.

Don’t Postpone Getting Help

Waiting to talk to an attorney about your car accident can give an advantage to those whose goal is to pay you as little as possible. Waiting can also mean you could remain in pain longer than you have to. After an injury in Forest Hills, Queens, or the surrounding New York area, contact Davidoff Law for a free initial consultation. After the first consult, we work on contingency, which means we only get paid once you receive compensation for your injuries.

Whiplash from a Rear-End Collision

Rear-end collisions are notorious for causing whiplash, even at comparatively low speeds. Whiplash is a neck injury caused when the neck rocks back and forth suddenly and violently, which is usually experienced by anyone in the front vehicle in a rear-end collision. 

Although whiplash can begin as soreness and aches in the neck, it can gradually worsen into severe pain and complete immobility of the neck. You should always see a doctor as soon as possible after a driver crashes into the back of your car to allow a doctor to check for early warning signs of whiplash.

You might have whiplash if you are experiencing the following symptoms:

  • Strong pain in your neck
  • Migraines or chronic headaches
  • Balance issues or nausea
  • Memory troubles
  • Inability to concentrate
  • Sensitivity to light or sound

Queens Boulevard is sometimes called the "Boulevard of Death," and for good reason. While the stretch has improved over the years with cameras, speed bumps, and reduced speed limits, there are still too many injuries and fatalities along this very long street every year. Much of Queens Boulevard is dark and abandoned at night, with long straightaways that tempt drivers to speed.

If you or someone you love have been injured in this way, our Queens car accident lawyers can explore a number of avenues of compensation that you might not have known were available.

But I Need My Car - Can I Get Compensation to Replace It?

We understand that you need your car to get around—to work, to appointments, to the grocery store, to everything. Maybe everybody in your family depends on this car, too. And now that it's not working, everybody's life is in chaos. We can provide knowledgeable guidance on your options for car repair or replacement, discussing your insurance options and other pressing matters.

Property damage is no small part of your situation. We can help you find a solution to this essential piece of the puzzle, too.

Statute of Limitations for Car Accident Lawsuits in Queens

The statute of limitations for car accident lawsuits in Queens, New York is an important legal concept that you should be aware of if you have been injured in a car accident. The statute of limitations refers to the time period in which you must file a lawsuit after an accident has occurred. If you fail to file a lawsuit within this time period, you may be barred from pursuing your claim in court.

In New York, the statute of limitations for auto accident lawsuits is generally three years from the date of the accident. This means that if you have been injured in a car accident in Queens, you have three years from the date of the accident to file a lawsuit against the party responsible for your injuries. If you fail to file a lawsuit within this time period, you may lose your right to seek compensation for your injuries. 

There are some exceptions to the three-year statute of limitations for car accident lawsuits in New York. For example, if the accident involved a government entity, such as a city bus or a police car, you may be required to file a notice of claim within 90 days of the accident in order to preserve your right to sue. In addition, if the accident involved a minor who was under the age of 18 at the time of the accident, the statute of limitations may be tolled, or paused, until the minor reaches the age of 18.

It is important to consult with an experienced Queens auto accident attorney as soon as possible after a collision to discuss your legal options. Your attorney can help you understand your rights under the law and ensure that you meet all applicable deadlines for filing a lawsuit. By taking prompt action, you can protect your legal rights and increase your chances of recovering compensation for your injuries.

Reasons to Hire a Queens Car Accident Attorney

The last thing you need after being injured in a car accident is to face a mountain of paperwork and the notorious complexity of the legal system. A car accident lawyer in Queens, NY can provide valuable insight and guidance during the aftermath and maximize your chances of securing the compensation you deserve.

Here are some of the top reasons to hire a Queens car accident attorney:

Knowledge of the law: A car accident lawyer is well-versed in the laws that govern car accidents in Queens, and can provide legal advice and guidance to ensure that you are fully informed of your legal rights and options. An attorney can help to ensure that your rights are protected during each step of the legal process and protect you against various pitfalls that could harm your claim.

Negotiation skills: An auto accident lawyer in Queens has the experience and negotiation skills to effectively represent your interests and ensure that you receive the best possible outcome for your case. They can help to negotiate with the other party and their legal team in order to secure a fair settlement for you, or if necessary, pursue litigation on your behalf.

Access to resources: A Queens car accident lawyer has access to valuable resources and can provide you with access to experts who can help prove your case. This can include medical professionals, accident reconstruction experts, and other professionals who can provide valuable evidence and testimony in your case.

How Davidoff Law Can Help

In the wake of a serious car accident in Queens, NY, your focus should be on getting the right medical treatment, resting, and recovering from your injuries—not on dealing with the legal implications of the accident. 

At Davidoff Law, our Queens car accident lawyers can handle all of the various legal matters involved in seeking the fair financial compensation you are owed. Whether you need to file for PIP coverage through the no-fault insurance system, or you have sustained a serious injury that necessitates stepping outside of this system, having one of our experienced attorneys on your side can make all the difference in the outcome of your case.

With years of experience and millions of dollars recovered for our clients, we are well-equipped to help you navigate the legal process after a devastating car accident. Remember, your time to file a claim is limited; the sooner you get in touch with us, the sooner we can begin building your case and seeking the compensation you deserve.

Call (888) 211-1116 to request a free consultation with our Queens car accident attorneys today. 

Answers to Common Injury Questions

  • Can you file a personal injury claim after a car accident in New York?
    In New York, drivers are required to carry current personal injury protection (PIP) insurance. After a crash, a driver will file against their own auto insurance provider using PIP insurance through a first-party claim. Typically, you can only file an injury claim against the other driver if you were “severely injured” as defined and recognized under New York’s liability laws. Our Queens personal injury attorneys can help determine if your injury is severe enough to justify a third-party claim after a car accident.
  • What happens if my car is damaged?
    We know that you need your car. And now that it’s damaged and you can’t drive it, how will you get where you need to be? Dealing with damage to your car can be a big headache after an accident, particularly if you only have one car in the family, if you don’t have enough money to get a new car, or if your insurance doesn’t cover the full value of your damaged car. On top of that, if your car is the means by which you get to work, you may miss work and risk losing your job because you don’t have a way to get there. What do you do? At Davidoff Law, our Queens car attorneys can advise you on what you need to do to get back on the road as soon as possible. Damage to your car is treated as a property damage claim, which is a different kind of law than personal injury law. We offer this service as a courtesy to our clients!
  • How will I get around?
    While you’re getting car repairs after an accident, the insurance company will pay a set rate for you to use a rental car. If you want to drive a car that is more expensive than the daily insurance rate allows, you will have to pay the difference.
  • Who pays for car repairs after an accident?
    This depends on who is deemed to have been at fault for your car accident. If you were at fault, your insurance will have to pay for the damage. The good news about this situation is that because there won’t be a second insurance company conducting an investigation, your car may be repaired more quickly. If the other driver was at fault, you can still have your own insurance pay for the damage if you have collision coverage. Your rates will not go up if you use your own insurance; using your own insurance may also be necessary if the at-fault driver has no insurance or inadequate insurance. If you use the at-fault driver’s insurance to pay the claim, you will still have to pay for the deductible at the body shop. You will get it back when the insurance company pays the claim. But this could take a while.
  • What is no-fault insurance?
    New York is one of a select group of states that uses what is called “no-fault” law for car accident claims. That means that all drivers are required to have insurance that will pay up to a basic limit for injuries and other financial damages in the wake of an accident, regardless of who was at fault for the accident. If you were in an accident, for example, your no-fault insurance would pay for your expenses, those of any passengers in the vehicle, and those of any pedestrians involved in a collision with your car. There are strict time limits governing how long you have to file a no-fault claim after a car accident. The sooner you contact a no-fault attorney in Queens to pursue compensation after an accident, the better.
  • Why does no-fault insurance exist?
    No-fault insurance is intended to provide injured people the money they need to recover from injuries and repair damaged property without waiting a long time for an insurance investigation. It was also created to reduce the number of lawsuits filed in New York for minor injuries and provide a source of compensation for people injured in hit-and-run accidents.
  • How much does no-fault insurance cover?
    Each person who was injured in (or a pedestrian injured by) a particular car in New York is entitled to collect up to $50,000 to cover medical bills, lost wages, and other economic damages related to the accident. This amount does not include recovery for pain and suffering.
  • What if my injuries are severe?
    People who are seriously injured in a car accident in Queens, NY may still file a personal injury lawsuit to recover compensation to pay for their losses. There are guidelines outlining what may be considered a serious injury. Fractures, dismemberment, and death are three such allowable injuries. Other injuries must be considered individually, and take into consideration the effect the injury has on the person’s life.

Our Results Speak for Themselves

Millions Recovered for Our Clients
  • $10 Million Wrongful Death from Motor Vehicle Accident
  • $5 Million Trip-and-Fall Accident
  • $2.3 Million Student Riding Motor Scooter
  • $2 Million Pedestrian Accident Involving a School Bus
  • $1.7 Million Trucking Accident Resulting in Multi-Level Disc Fusion
  • $1.6 Million MVA - Rear End Collision
  • $1.5 Million Motor Vehicle Accident
  • $1.4 Million Slip & Fall Accident
  • $1.4 Million Motor Vehicle Accident from a Rear-End Collision
  • $1.4 Million Motor Vehicle Accident Resulting in Lower Back Injury
  • $1.3 Million Motor Vehicle Accident Resulting from Rear-End Collision
  • $1.3 Million Pedestrian Accident While Crossing the Street
  • $1.2 Million Motor Vehicle Accident - Rear-End Collision
  • $1.1 Million Motor Vehicle Accident Resulting from Rear-End Collision
  • $1 Million Motor Vehicle Accident Involving a Parked Car
  • $1 Million Motor Vehicle Accident Resulting in Neck & Back Injury
  • $975 Thousand Motor Vehicle Accident Involving a Cab Driver
  • $960 Thousand Truck Accident Back Injuries
  • $950 Thousand Trucking Accident Resulting in Neck Surgery
  • $925 Thousand Truck Accident – Rear-End Collision

Treating Clients Like Family

When you hire Davidoff Law, it's like having an attorney in the family. That is because we treat each and every one of our clients like members of our family. Throughout our years of experience, we've build strong bonds with members of our community and amassed an ever-growing list of success stories from clients right here in the neighborhood.

    “This is definitely the law firm to go to.” - Andres H.
    “Would recommend this firm to anyone who has just experienced an accident and needs guidance.” - M.I.
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