After a crash, most people don’t start out looking for a lawyer. They start out looking for answers: who pays the hospital bill, what to say to the insurance adjuster, whether the pain in their neck is “serious” enough to matter. Choosing the right New York car accident attorney is how you get those answers from someone who is on your side instead of the insurance company’s.
New York has some of the most complicated car accident rules in the country: a no-fault insurance system, a “serious injury” threshold you must meet before you can sue, and deadlines that can be as short as 30 days. Not every lawyer who handles injury cases handles car accidents day in and day out. Below are the nine questions we’d ask if we were in your shoes, and what a good answer sounds like.
1. “How much of your practice is car accident cases in New York?”
Car accident law in New York is its own specialty. A lawyer who mostly does wills or real estate may not know how no-fault arbitration works, how insurers use independent medical exams (IMEs) to cut off benefits, or how to prove a “serious injury” under the Insurance Law. Ask how many motor vehicle cases the firm handles each year and whether they regularly go to court in the county where your crash happened, whether that’s Queens, Brooklyn, the Bronx, Manhattan, Staten Island or Nassau County.
At Yakov Mushiyev & Associates, car accident cases are the core of what we do, and we’ve recovered over $80 million for injured clients across the five boroughs and Nassau County.
2. “Will you handle my no-fault claim, or only the injury lawsuit?”
New York is a no-fault state. Your own auto policy (or the policy covering the car you were in) pays your medical bills and a portion of lost wages up to at least $50,000 in basic economic loss, no matter who caused the crash. But the no-fault application generally has to be filed within 30 days of the accident, and the insurer can deny benefits if you miss it.
A good NY car accident lawyer will handle both tracks: the no-fault claim that keeps your treatment paid for right now, and the bodily injury claim against the at-fault driver. If a firm only wants the lawsuit and leaves you to fight no-fault alone, that’s a red flag. Our New York no-fault insurance claims guide walks through the process in detail.
3. “Does my injury meet New York’s serious injury threshold?”
This is the question that decides whether you can sue at all. Under New York Insurance Law § 5102(d), you can only bring a claim for pain and suffering against the at-fault driver if you have a “serious injury,” such as a fracture, significant disfigurement, a permanent or significant limitation of a body part or system, or an injury that kept you from your usual daily activities for at least 90 of the first 180 days after the accident.
An experienced attorney will explain honestly where your injuries fall and what medical proof (MRIs, range-of-motion testing, doctor’s reports) you’ll need. Be wary of anyone who promises a big number before looking at your records.
4. “What deadlines apply to my case?”
Missing a deadline can end a strong case before it starts. The key ones in New York:
- No-fault application: generally within 30 days of the accident.
- DMV accident report (MV-104): within 10 days if anyone was hurt or property damage was over $1,000, as required by the New York DMV.
- Lawsuit against a private driver: generally three years from the date of the crash.
- Claims against New York City or another public entity (for example, a city bus, sanitation truck or police vehicle): a notice of claim is usually due within 90 days, and the lawsuit follows on a much shorter clock.
- Wrongful death: generally two years from the date of death.
Your lawyer should identify every deadline in your case in the first meeting, not weeks later.
5. “How do you get paid?”
Most car accident lawyers in New York work on a contingency fee, which means you pay nothing up front and the fee comes out of the recovery only if you win. New York court rules cap contingency fees in personal injury cases, and the standard fee is one-third of the net recovery. Ask to see the retainer agreement, ask how case expenses (records, experts, filing fees) are handled, and make sure the answer is in writing.
Our firm offers a free consultation, and there is no fee unless we win. For a plain-English breakdown, see what it means when a lawyer works on contingency.
6. “Who will actually work on my case?”
At some high-volume firms, the attorney you meet at signing is the last attorney you talk to. Ask who your day-to-day contact will be, who will appear at your deposition, and who will try the case if it goes to trial. You want to know the names of the people responsible for your file.
You can meet our attorneys and paralegals on our team page.
7. “How will you prove the other driver was at fault?”
New York follows a pure comparative negligence rule, so even if you were partly at fault you can still recover. Your award is simply reduced by your share of the blame. That also means insurers work hard to shift fault onto you. Ask how the firm investigates: Do they request traffic and surveillance camera footage before it’s erased? Obtain the police report and 911 records? Interview witnesses? Work with accident reconstruction experts on serious cases?
We break this down further in proving fault in a New York car accident and comparative negligence in New York.
8. “Are you prepared to go to trial?”
Most car accident cases settle, but insurance companies know which firms will actually try a case and which ones always take the first reasonable offer. Ask whether the firm has trial attorneys on staff and how they decide when an offer is fair versus when to push forward. Our guides on how a car accident lawsuit works in New York and how long a settlement takes explain what to expect at each stage.
9. “How do I reach you, and in what language?”
You’re going to have questions at 9 p.m. on a Sunday. Ask how quickly the firm returns calls and whether you’ll be able to reach a real person. If English isn’t your first language, ask whether you can speak with someone in your own language instead of relying on a relative to translate.
At Yakov Mushiyev & Associates, consultations are available in English, Russian and Spanish, and if you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Mistakes to avoid before you hire a lawyer
- Giving a recorded statement to the other driver’s insurer. You’re not required to, and anything you say can be used to minimize your claim.
- Waiting to see a doctor. Gaps in treatment are one of the most common reasons insurers argue an injury isn’t serious. See how a gap in treatment affects your claim.
- Signing a quick settlement check. Early offers usually come before anyone knows the full extent of your injuries.
- Posting about the crash on social media. Photos and comments get screenshotted and used out of context.
For a full checklist, read common mistakes after a New York car accident.
Talk to a New York car accident attorney today
If you or someone you love was hurt in a crash anywhere in New York City or Nassau County, you don’t have to figure this out alone. Attorney Yakov Mushiyev and our team have helped injured New Yorkers recover over $80 million, and your first conversation with us is free.
Call 718.775.3110 or contact us online for a free consultation. No fee unless we win.
This article is general information, not legal advice. Every case is different. Attorney Advertising.