Most people never think about hiring a lawyer until the moment they’re sitting in an emergency room or staring at a crumpled bumper on the Cross Island Parkway. Then the questions come fast: what does a car accident lawyer do that I can’t do myself? How much will it cost? Is it too early, or already too late, to call? This guide answers those questions plainly, using the way car accident lawyer Yakov Mushiyev and our Rosedale, Queens team handle a case from the first phone call to the final check.
The short answer: a car accident lawyer carries the case so you can heal
After a crash, an injured person suddenly has two full-time jobs: recovering, and managing an insurance claim that the other side has every reason to minimize. A car accident lawyer takes over the second job. That means dealing with every insurance company, collecting the evidence, documenting your injuries and losses, meeting New York’s strict deadlines, negotiating a settlement, and filing a lawsuit when an insurer won’t pay what the claim is worth.
The work is mostly invisible to the client, which is why people often underestimate it. So what does a car accident lawyer do, step by step? Here’s what it looks like in practice.
1. Protecting the claim in the first days
The first week after a collision shapes everything that follows. When Yakov Mushiyev takes a car accident case, the early work usually includes:
- Stopping damaging statements. The other driver’s insurer often calls quickly and asks for a recorded statement. You can decline until you’ve spoken with a lawyer, and once you’re represented, the calls go to us.
- Preserving evidence before it disappears. Store and bus cameras often record over footage within days. We send preservation requests, photograph the scene and vehicles, and identify witnesses.
- Getting the police report and crash records. If anyone was injured or property damage tops $1,000, New York also requires each driver to file DMV Form MV-104 within 10 days. We make sure it’s done correctly.
- Filing for no-fault benefits. New York’s no-fault system pays medical bills and part of lost wages regardless of fault, but the application generally must be filed within 30 days. Our New York no-fault guide explains the forms.
2. Investigating who is responsible
Liability isn’t always obvious. A rear-end crash on Northern Boulevard may look simple, but a left-turn collision at a busy Queens intersection, a chain-reaction crash on the Van Wyck, or a collision with a rideshare or delivery vehicle can involve several drivers and several insurance policies. A car accident lawyer:
- Reviews the police report, photos, video and vehicle damage
- Interviews witnesses while memories are fresh
- Checks city crash data from NYC Open Data when an intersection has a history
- Brings in an accident reconstructionist when the facts are disputed
- Identifies every party who may share responsibility: other drivers, vehicle owners, employers of drivers on the job, rideshare companies, and sometimes the city when a road defect played a role
Shared fault doesn’t end a case in New York. Under CPLR § 1411, your recovery is reduced by your share of fault but not barred, and insurers often try to inflate that share. Our comparative negligence guide explains how that plays out.
3. Proving the injury meets New York’s “serious injury” rule
This is where many self-handled claims fall apart. In New York, no-fault covers basic economic losses, but to recover pain and suffering from the at-fault driver you generally must show a “serious injury” under Insurance Law § 5102(d). That list includes fractures, significant limitations of a body function or system, and injuries that keep you from your usual daily activities for at least 90 of the first 180 days.
A car accident lawyer builds that proof deliberately: getting the right imaging, making sure your doctors record measured limitations rather than vague notes, avoiding long gaps in treatment, and preparing you for the defense’s independent medical exam. Our guides on fracture claims and back and neck injuries go deeper.
4. Calculating everything the crash cost you
Insurance adjusters tend to focus on the bills already paid. A complete claim looks further ahead. Depending on the case, damages can include:
- Medical expenses beyond what no-fault covers, including future surgery and therapy
- Lost wages above the no-fault cap and lost future earning ability; see our guide to proving you can’t work
- Pain and suffering, past and future
- Loss of enjoyment of life and limits on daily activities
- Vehicle damage and related losses; see do you need a separate lawyer for property damage
Keeping an injury diary helps us document the parts of your loss that don’t show up on a bill.
5. Negotiating with insurers, and knowing when not to settle
Once treatment has progressed and the injuries are documented, the lawyer presents a demand to the insurer and negotiates. Early offers are often low; our article on the dangers of accepting a fast settlement explains why. A lawyer also checks every source of coverage, including your own supplementary uninsured/underinsured motorist (SUM) coverage when the other driver’s policy is too small, and MVAIC when there’s no insurance at all, such as in some hit-and-run cases.
6. Filing a lawsuit and taking the case to court if needed
Part of the answer to what does a car accident lawyer do is simply this: be ready to go to court. Most car accident cases settle, but the ones that settle well are usually the ones prepared for trial. If an insurer won’t make a fair offer, your lawyer files suit, generally within the three years allowed by CPLR § 214. Then come discovery, depositions, medical exams and, when necessary, trial. Our guide to how a New York car accident lawsuit works walks through each stage.
When a city vehicle or a dangerous road is involved, the timeline is far shorter. A notice of claim is generally due within 90 days under General Municipal Law § 50-e, and the city may require a 50-h hearing before you can sue.
How much does a car accident lawyer cost?
For most injured people, nothing up front. Car accident lawyers in New York usually work on a contingency fee: the fee is a percentage of the money recovered, agreed in writing at the start, and if there’s no recovery there’s no fee. At Yakov Mushiyev & Associates, consultations are free and there is no fee unless we win. Our article on what working on contingency means explains the details, and you should always ask any lawyer to walk you through the fee agreement before you sign.
When to hire a car accident lawyer
As early as possible, and ideally before you speak with the other driver’s insurer. Calling early isn’t about rushing into a lawsuit; it’s about protecting evidence, meeting no-fault and notice deadlines, and avoiding mistakes that are hard to undo. It’s especially worth calling right away if:
- You were hurt badly enough to need ongoing treatment, or you missed work
- Fault is disputed, or more than one vehicle was involved
- The crash involved a city vehicle, bus, truck, taxi or rideshare
- The other driver was uninsured or left the scene
- An insurer is pressuring you to give a statement or accept a quick offer
Not sure what to ask at a consultation? Use our list of questions to ask before you hire a car accident attorney.
Why Queens drivers call car accident lawyer Yakov Mushiyev
Yakov Mushiyev & Associates is based at 1 Cross Island Plaza in Rosedale, right on the Queens–Nassau border, and handles car accident cases across Queens, the other boroughs and Nassau County. The firm has recovered over $80 million for injured New Yorkers. Consultations are available in English, Russian and Spanish, and if you can’t travel, we’ll meet you at home, in the hospital or by video.
We’ve written guides for drivers in many Queens neighborhoods, including a car accident lawyer in Corona, a car accident lawyer in Bayside and a car accident lawyer in Elmhurst. You can also read about all our car accident work on our car accident practice page.
Frequently asked questions
What does a car accident lawyer do that I can’t do myself?
You can file a no-fault claim on your own, but a lawyer preserves evidence, proves the serious injury threshold, values future losses, finds every insurance policy, negotiates from a position of trial readiness and files suit before deadlines pass. Insurers know the difference.
How much does a car accident lawyer cost in New York?
Usually nothing up front. Most work on contingency, so the fee comes from the recovery, and there’s no fee if there’s no recovery. Ask for the agreement in writing.
Do I need a car accident lawyer for a minor accident?
If no one was hurt, often not. If you have injuries that need ongoing care, missed work, or are getting pushback from an insurer, a free consultation costs nothing and can prevent costly mistakes.
How long will my case take?
It depends on your injuries, treatment and whether the insurer negotiates in good faith. Many cases settle after treatment has progressed; cases that go to suit take longer.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a car accident lawyer today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.