A car crash takes a few seconds. The claim that follows can take a year or more, and most of the decisions that shape it are made in the first few weeks, often by people who are hurt, rattled and getting calls from insurance adjusters they've never heard of.
So instead of a list of tips, this guide is a timeline. It follows a typical Queens crash, say a T-bone at Queens Boulevard and Woodhaven, a rear-ender on the Van Wyck, or a sideswipe on the Cross Island, from the first hour to the day the case resolves. At each stage, a motor vehicle accident attorney in Queens would be asking the same question: what needs to happen now, before the chance is gone?
Updated November 2026 to reflect New York's 2026 changes to fault and serious injury rules in motor vehicle cases.
Hour one: at the scene
- Check for injuries and call 911. In New York City, police generally respond to crashes with injuries. Ask for the officer's name, precinct and the report number.
- Move to safety if you can do so without risk, especially on highways.
- Exchange information: names, license numbers, plates, insurance companies and policy numbers. If the other vehicle is a commercial truck, a TLC vehicle, a city vehicle or a bus, note the company name, the vehicle number and any USDOT or TLC numbers.
- Photograph everything: all vehicles from several angles, plates, the intersection, traffic signals, skid marks, debris, and your injuries.
- Find witnesses and get their phone numbers. Pedestrians and other drivers rarely wait.
- Look for cameras. Note any businesses, buildings or buses nearby that might have video.
- Don't apologize or argue fault. Stick to facts.
Day one: medical care and the first calls
Go to the emergency room or urgent care the same day, even if you feel fine. Adrenaline masks pain, and some injuries, including concussions and soft-tissue injuries, show up hours or days later. A same-day medical record also closes off one of the insurer's favorite arguments: that something else caused your symptoms.
Notify your own insurance company that you were in a crash. You'll need to, because under New York's no-fault system, your own policy generally pays your initial medical bills and lost wages regardless of who caused the crash.
If the other driver's insurer calls, be polite and brief. You don't have to give a recorded statement to the other side's insurance company, and it's usually wise not to before speaking with a lawyer.
Days 2 to 10: reports and evidence
File your own crash report if required. Under Vehicle and Traffic Law § 605, drivers involved in a crash that causes injury, death, or property damage above the state threshold generally must file a Report of Motor Vehicle Accident (Form MV-104) with the DMV within 10 days. The police report doesn't replace this obligation.
Get the police report. In NYC, you can request a copy of the police accident report through the NYPD. Read it carefully for errors in names, plates, the diagram and the description of how the crash happened.
Preserve video. Many business and building cameras overwrite in days or weeks. A lawyer can send preservation letters right away. Bus cameras, traffic cameras and dashcams from other vehicles can be decisive.
Know where your car is. If it was towed, find out where. Don't let it be repaired or scrapped before damage is documented, particularly in serious crashes where the vehicle's event data recorder may matter.
By day 30: the no-fault application
This is the deadline that ruins the most claims, because so few people know about it. To receive no-fault benefits, you generally must file a written application (Form NF-2) with the no-fault insurer within 30 days of the accident. Medical providers generally must submit bills within 45 days of treatment.
Basic no-fault coverage in New York is $50,000 per person and generally pays:
- Necessary medical and rehabilitation expenses.
- 80% of lost earnings, up to $2,000 per month, for up to three years.
- Up to $25 per day for other reasonable and necessary expenses, like household help, for up to one year.
- A $2,000 death benefit.
Which policy pays depends on whether you were a driver, passenger or pedestrian. Our New York no-fault claims guide walks through the details, and the New York State Department of Financial Services publishes consumer information on auto insurance.
Weeks 2 to 12: treatment and the "serious injury" question
No-fault pays the basic economic losses. To sue the at-fault driver for pain and suffering, New York generally requires a "serious injury" as defined in Insurance Law § 5102(d). The categories include death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system.
Before 2026, there was also a category for injuries that kept you from substantially all of your usual daily activities for 90 of the first 180 days. The 2026 budget legislation removed that 90/180-day category for actions commenced on or after its effective date in late May 2026. That makes the medical record more important than ever. Consistent treatment, objective testing like MRIs, and doctors who document range-of-motion limitations in measurable terms are what build a serious injury case now.
Fractures are their own category, which is one reason our post on fracture claims after Queens car accidents is worth a read if you broke a bone.
Months 1 to 3: building the liability case
While you treat, your lawyer is proving fault. That means gathering the police report, photos, witness statements, video and, in harder cases, an accident reconstruction. It also means investigating every source of insurance: the other driver's liability policy, the vehicle owner's coverage under Vehicle and Traffic Law § 388 (which generally makes owners liable for permissive drivers), an employer's policy if the driver was working, and your own supplementary uninsured/underinsured motorist (SUM) coverage.
Why fault matters more in 2026
For decades, New York applied pure comparative fault: a jury's finding that you were partly at fault reduced your recovery but didn't bar it. The 2026 budget legislation changed that for many motor vehicle injury cases. Under new CPLR § 1411(b), in actions commenced on or after late May 2026 that are subject to the no-fault law, a plaintiff whose share of fault is greater than the defendants' share generally recovers nothing. At exactly 50/50, recovery is still possible, reduced by half.
The same legislation generally capped non-economic damages at $100,000 for plaintiffs who were operating an uninsured vehicle (with an exception for lapses under 30 days), or who were convicted of impaired driving, or of a felony connected to the crash. Wrongful death cases are excluded from that cap.
Practically, this means the insurer has every reason to push your fault percentage above 50. Evidence gathered in the first weeks is how you stop that.
Months 3 to 9: the claim and negotiation
Once treatment reaches a plateau, or your doctors can give a clear picture of future needs, your lawyer prepares a demand to the liability insurer. The demand pulls together medical records and bills, lost earnings, photographs, a description of how the injury affected your life and, where relevant, future care costs.
Expect the insurer to request records, schedule a defense medical exam, and make an offer below what the case is worth. Negotiation can go several rounds. Many cases settle here. If a lawsuit hasn't been filed yet, your lawyer keeps a close eye on the deadline.
The hard deadlines, all in one place
| Deadline | What it generally means |
|---|---|
| 10 days | DMV MV-104 report, when required |
| 30 days | No-fault application (NF-2) to the insurer |
| 90 days | Notice of claim, if a city vehicle, city bus or other public entity was involved |
| 1 year and 90 days | Lawsuit against the City or many public authorities |
| 2 years | Wrongful death lawsuit |
| 3 years | Personal injury lawsuit against a private driver (CPLR 214) |
Months 9 and beyond: litigation, if needed
If the case doesn't settle, your lawyer files suit in the appropriate court, usually Queens County Supreme Court for serious Queens crashes. Litigation involves exchanging records, depositions, independent medical exams and, often, mediation. Many cases settle before trial. Some don't, and a case that is ready for trial is usually the one that gets the best offer.
When the case resolves, the settlement or verdict is used to pay any liens, such as health insurance or a workers' comp lien if you were working, and attorney's fees, with the balance going to you. A good lawyer works to reduce those liens where the law allows.
Mistakes that cost Queens drivers money
Over and over, the same few mistakes shrink otherwise good claims:
- Missing the 30-day no-fault deadline. Late applications can be denied, leaving medical bills unpaid.
- Skipping or delaying treatment. A two-month gap between the crash and the first MRI gives the insurer an easy argument that something else caused the problem.
- Giving a recorded statement to the other driver's insurer. A casual "I didn't see him until the last second" can become the core of a fault argument, which matters more under the 2026 rule.
- Posting on social media. A photo at a family barbecue a week after the crash will be shown to a jury as proof you weren't really hurt, whatever the photo doesn't show.
- Letting the car be repaired or scrapped too soon. In serious crashes, the damage pattern and the event data recorder can be key evidence.
- Settling the property damage claim with a release that's too broad. Read any release carefully. A property settlement should not release your injury claim.
- Accepting the first offer. Early offers usually come before anyone knows the full extent of the injury.
Special situations
- Hit-and-run or uninsured driver: your own policy's uninsured motorist coverage, or MVAIC, may apply. See our guide on hit-and-run claims in Queens.
- Drunk driver: a bar or restaurant that served a visibly intoxicated person may also be responsible. See our post on drunk driving and dram shop claims.
- Commercial truck: trucking cases involve federal rules and multiple defendants. See our truck accident practice page.
- Uber, Lyft or taxi: TLC insurance rules apply.
For the full picture of how we handle car crashes, visit our car accident practice page.
Call before the 30-day mark
Yakov Mushiyev & Associates has recovered over $80 million for clients. We offer free consultations in English, Russian and Spanish, at our Rosedale office, by video, at home or in the hospital, and we charge no fee unless we win. Call 718.775.3110 or contact us online.
Directions to Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, in southeast Queens near the Queens–Nassau border. The map below shows the route from Queens Boulevard and Woodhaven Boulevard, Queens. We also meet clients by video, at home or in the hospital.
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Motor vehicle accident FAQ
Do I need a lawyer for a car accident in Queens?
Not for every fender-bender. But if you were hurt, missed work, or the other side disputes fault, a lawyer can protect the 30-day no-fault deadline, preserve evidence, build the serious injury case and deal with the insurer. Under New York's 2026 fault rule, the fault fight matters more than ever.
What is the 51% rule in New York car accidents?
For many motor vehicle injury actions commenced on or after late May 2026, new CPLR § 1411(b) generally bars recovery if your share of fault is greater than the defendants' share. If you are 50% or less at fault, your damages are reduced by your percentage.
Who pays my medical bills after a crash in New York?
Generally your own no-fault insurance pays first, regardless of fault, up to $50,000 in basic coverage. You must file the no-fault application within 30 days. Health insurance and other coverage may apply after no-fault is exhausted.
Can I still sue if I didn't break any bones?
Possibly. Fractures are only one category of "serious injury." Others include permanent consequential limitation and significant limitation of use of a body function or system. These require strong, objective medical evidence. The 90/180-day category was removed for actions commenced on or after late May 2026.
How long do I have to sue after a car accident in Queens?
Generally three years against a private driver. If a city vehicle or public entity was involved, a notice of claim is generally due within 90 days and the lawsuit within one year and 90 days. Wrongful death claims generally must be filed within two years.