When someone in your family is hit by a car while walking in Rosedale, you shouldn't have to become an insurance expert overnight. As a pedestrian accident lawyer in Rosedale, our job is to take that weight off you. Yakov Mushiyev & Associates has its office here in the neighborhood, at 1 Cross Island Plaza, and we represent people hurt on the same streets we drive and walk every day: the boulevards, the bus stops, the school crossings and the corners near the train.
This page explains, calmly and plainly, how our firm handles a pedestrian case from the first call, what we take off your plate, and what the claim can include.
We're your neighbors, and that changes how we work
Yakov Mushiyev grew up in Queens. Our clients are people we might stand next to at the bus stop or see at Green Acres Mall on a Saturday. That shapes how we treat a family after a crash. We return calls. We explain things more than once if needed. We meet you where it's easiest for you, whether that's our office, a video call, your living room or a hospital room. And we offer consultations in English, Russian and Spanish, because a frightening week is no time to struggle with language.
We also know the local details that matter in these cases. Since December 2024, Rosedale has been covered by the NYPD's new 116th Precinct, which took over areas previously handled by the 105th and 113th Precincts. Its station house is at 244-04 North Conduit Avenue. Crash reports, officer names and follow-up requests run through that precinct now, and we know where to send them. If you heard "the 105th" from a neighbor, that was right until recently.
What we take off your plate
After a pedestrian crash, the paperwork arrives while your family member is still in pain. Here's what we handle so you don't have to.
The no-fault forms
In New York, a pedestrian hit by a car is generally covered by no-fault insurance, regardless of who caused the crash. It generally pays medical bills and 80% of lost earnings up to $2,000 a month, within $50,000 of basic coverage. The application is generally due within 30 days, and when someone is recovering, 30 days disappears. We figure out which policy should pay (often a household auto policy if your family has one, otherwise the policy on the car that hit you), fill out the application and send it on time. If the insurer later schedules an exam to cut off benefits, we prepare you for that too; our post on no-fault exams and benefit cut-offs explains what to expect.
MVAIC, if the driver fled or had no insurance
A hit-and-run leaves families feeling that no one will answer for what happened. There is still a path. The Motor Vehicle Accident Indemnification Corporation (MVAIC) can step in for eligible New York residents hurt by uninsured or unidentified drivers when no other auto insurance is available to them. Its deadlines are strict. According to MVAIC's eligibility page, the crash must be reported to police within 24 hours, and a notice of intention to claim is generally due within 90 days for a hit-and-run, or 180 days for an identified uninsured vehicle. We check every household policy first, then file with MVAIC if it's the right route. Our guide to hit-and-run claims in Queens explains how drivers are sometimes identified later.
The medical liens
Health plans, Medicaid and Medicare may pay for part of the treatment and then claim repayment from any settlement. Hospitals and providers sometimes send bills or liens too. We identify every lien early, confirm the amounts are correct and negotiate them down at the end where we can, so more of the recovery stays with your family. Our article on negotiating medical liens walks through how that works.
The insurance calls
The driver's insurer may call within days, sounding friendly, asking for a recorded statement or offering a quick check. You don't have to talk to them. Once you hire us, every call goes through our office. We decide what information goes out and when, and we make sure no one signs a release before the full extent of the injuries is known.
The evidence
While you focus on recovery, we gather the police report, find witnesses, request store and home camera footage before it's recorded over, photograph the crossing and look at signal timing and sight lines. If a bus, city vehicle or city road defect was involved, we file the required notice of claim, which is generally due within 90 days under General Municipal Law § 50-e.
A Rosedale crossing we watch closely
Some of the most important walking spots in Rosedale are where neighborhood streets meet roads built to move traffic across the county line.
Merrick Boulevard meets Hook Creek Boulevard right at the Queens–Nassau line, and buses including the MTA's Q87 and Nassau's n4 use this stretch. People walking to and from bus stops here share the corner with drivers turning between the two boulevards and traffic crossing into Valley Stream. At a county-line corner like this, one of the first things we confirm is who owns and maintains the road and the signals, because the City, Nassau County and the state each have their own rules and deadlines.
School crossings and bus stops
Rosedale's children walk to public schools like P.S. 38, P.S. 138, P.S. 195 and P.S./I.S. 270, and to the neighborhood's private schools, often crossing a busy boulevard and waiting at a bus stop on the way. Commuters do the same thing on the Q5, Q85, Q86, Q87, Q89 and Q111 routes that serve the neighborhood. These are the moments when people on foot are most exposed: stepping off a bus, crossing in front of one, or crossing while drivers hurry to make a light.
New York law expects drivers to watch for them. Under Vehicle and Traffic Law § 1146, every driver must exercise due care to avoid hitting a pedestrian, and sound the horn when necessary. That duty doesn't disappear because someone stepped outside the painted lines.
When a child is hurt, a parent or guardian generally brings the claim on the child's behalf, and a settlement for a minor in New York usually needs court approval so the money is protected for the child. We guide parents through every step of that. Our post on what to do if your child was injured in a car accident covers more.
If a bus itself struck someone, the notice rules are different and tighter. Our Rosedale bus accident page explains how we handle those claims.
Looking after older neighbors
Many of our pedestrian clients are parents and grandparents. New York City's Department of Transportation runs a Safe Streets for Seniors program because older pedestrians tend to suffer far worse outcomes when they're struck, and even a seemingly minor crash can cause a severe injury.
We handle these cases with extra care:
- We make sure doctors have looked for head injury and hidden fractures, especially for anyone on blood thinners.
- We keep track of new needs, such as home health aides, mobility equipment or help at home, because those costs can be part of the claim.
- We listen to the family. Adult children often notice changes in memory, mood or independence that never make it into a chart.
- If your parent can't manage the claim personally, we explain the options, including a power of attorney or, where necessary, a guardian.
What to bring when we first meet
You don't need to have anything organized before you call. If some of these are handy, though, they help us get started faster:
- Any paperwork from the police, including a report number or the officer's name
- Hospital discharge papers, prescriptions and the names of doctors seen so far
- Photos of the injuries, the crossing or the vehicle, even blurry ones taken on a phone
- Names and phone numbers of anyone who stopped to help or saw what happened
- Your household's auto insurance cards, if anyone in the home owns a car
- Any letters, emails or voicemails from insurance companies
If you have none of this, that's fine. Gathering it is part of what we do.
What a pedestrian accident claim in Rosedale can include
No-fault helps with immediate costs, but it doesn't pay for pain and suffering. To recover those damages from the driver, New York generally requires a "serious injury" under Insurance Law § 5102(d), such as a fracture, significant disfigurement, permanent loss of use or a significant limitation of a body function. The old 90/180-day category was removed in 2026, so careful medical documentation matters more than ever.
When the injury meets that standard, a claim can generally include:
- Medical costs not covered by no-fault, including future treatment and rehabilitation
- Lost wages beyond the no-fault limit, and lost future earning capacity
- Pain and suffering and loss of enjoyment of life
- The cost of home care, equipment and changes to daily living
Fault can affect the claim. For motor vehicle injury suits covered by the no-fault law, a 2026 change means an injured person found more at fault than the defendants combined generally can't recover, and a smaller share of fault still reduces the award. That's one more reason we gather the evidence early. For more on what drives value, see our article on what affects a pedestrian settlement in New York.
If the worst happened and your loved one did not survive, a wrongful death claim generally must be brought within two years. We handle those cases gently and carefully.
Questions neighbors ask us
Can I call on behalf of my mother or father?
Yes. Many of our cases start with a call from an adult son or daughter. We'll talk with you, and then with your parent when they're ready, at home or in the hospital if that's easier.
The driver says my family member wasn't in the crosswalk. Is there still a case?
Possibly. Drivers owe pedestrians due care whether or not they're inside the lines, and fault is weighed by percentage. Please don't let an insurer talk your family out of a claim before the facts are reviewed.
What does it cost to hire your firm?
Nothing up front. The consultation is free, and we charge no fee unless we win.
How long do we have?
The no-fault application is generally due within 30 days, MVAIC notices within 90 or 180 days, a notice of claim against the City generally within 90 days, and most lawsuits generally within three years. The early deadlines are the ones families miss, so it's best to call soon.
If you'd like the fuller family-focused walkthrough, read our full guide for Rosedale families after a pedestrian crash. You can also visit our pedestrian accident practice area, our guide to who pays a pedestrian's medical bills or our Rosedale accident lawyer hub.
Let a Rosedale neighbor carry the paperwork
Yakov Mushiyev & Associates has recovered over $80 million for injured clients. Yakov Mushiyev is a former head litigation attorney who grew up in Queens, and our Rosedale office at 1 Cross Island Plaza is close to home for the families we serve. We offer free consultations in English, Russian and Spanish, at our office, by video, at your home or in the hospital, and we charge no fee unless we win.
Call 718.775.3110 or contact us online, and let us take the forms, the calls and the deadlines off your family's plate.
This article is general information, not legal advice. Every case is different, and prior results do not guarantee a similar outcome. Attorney Advertising.