What to Do After a Car Accident in Queens, NY: A Step-by-Step Legal Guide
The Van Wyck backs up, someone drifts across Queens Boulevard, a delivery van clips you on Merrick. In a borough with more than two million residents and some of the busiest arterial roads in the country, a collision is rarely a question of if. New York City recorded 205 traffic deaths and roughly 47,500 traffic injuries in 2025 — the lowest fatality figure in recorded history, but still a staggering number of injured people. Queens alone accounted for 57 of those deaths, according to NYC DOT.
What happens in the hours and days after your crash matters far more than most people realize. New York’s insurance system runs on short, unforgiving deadlines, and a claim that was worth six figures on day one can be worth nothing by day thirty-one. This guide walks through exactly what to do — and what quietly destroys cases.
In this guide
- 1. What to do at the scene
- 2. Get treated — even if you feel fine
- 3. The 30-day no-fault deadline
- 4. When you can sue: the serious injury threshold
- 5. Every deadline that applies to your claim
- 6. Five mistakes that sink Queens claims
- 7. What a car accident lawyer actually does
- Frequently asked questions
1. What to Do at the Scene
Your first job is safety; your second is evidence. If anyone is hurt, call 911 and let NYPD respond — a police report is the single most useful document your car accident lawyer will have, and insurers treat a crash without one as suspicious by default.
Once you’re out of traffic, collect what you can:
- Photograph everything. All four corners of both vehicles, the final resting positions, skid marks, debris, traffic signals, street signs, and the intersection from several angles. Photos taken 20 minutes later, after cars are moved, are far weaker.
- Exchange the full set of information. Driver’s license, registration, insurance card, and plate number. Photograph the documents rather than copying them by hand.
- Get witness contact information. Independent witnesses win cases. They also vanish within minutes, and NYPD does not always record them.
- Note the cameras. Bodegas, gas stations, apartment lobbies, and MTA buses all record. That footage is typically overwritten in 7 to 30 days, which is why a preservation letter needs to go out fast.
- Say nothing about fault. Not “I’m sorry,” not “I didn’t see you.” Describe facts to the police and nothing more.
File your MV-104. New York requires you to file a Report of Motor Vehicle Crash (MV-104) with the DMV within 10 days if anyone was injured or killed, or if property damage to any one person exceeds $1,000. Skip it and the DMV can suspend your license.
2. Get Treated — Even If You Feel Fine
Adrenaline masks injury. Soft-tissue damage, concussions, and disc herniations frequently announce themselves two or three days later — and by then, the insurance carrier has a gap in your medical record to argue about. The defense position writes itself: if she were really hurt, she would have gone to the hospital that day.
Go to the emergency room or an urgent care the same day, describe every area of pain rather than only the worst one, and follow through on the referrals you’re given. Consistent treatment is not just good for your body; under New York’s threshold rules it is the evidentiary backbone of your entire claim.
3. The 30-Day No-Fault Deadline
New York is a no-fault state. Regardless of who caused the crash, your own auto insurer pays your initial medical bills and a portion of lost wages under Personal Injury Protection (PIP), up to a basic economic loss limit of $50,000.
The catch is the calendar. Under the state’s no-fault regulations, written notice of your claim must reach the insurer no more than 30 days after the accident. Medical bills must be submitted within 45 days of treatment, and lost-wage claims within 90 days. Miss the 30-day window and the carrier can deny the entire file — leaving you personally responsible for bills that should never have been yours. The New York Department of Financial Services publishes these deadlines in plain language.
| No-fault requirement | Deadline |
|---|---|
| Written notice of claim (NF-2 application) to insurer | 30 days from the crash |
| Submission of medical bills | 45 days from treatment |
| Submission of lost-wage documentation | 90 days from the loss |
| Basic economic loss coverage | $50,000 per person |
A passenger, a pedestrian, and a cyclist struck by a car are all typically covered too — often under a policy they’ve never heard of. Figuring out which carrier is on the hook is one of the first things we do.
4. When You Can Sue: The Serious Injury Threshold
No-fault covers bills. It does not cover pain and suffering. To sue the at-fault driver for that, New York requires you to clear the serious injury threshold in Insurance Law § 5102(d), which defines serious injury as one resulting in:
- Death, dismemberment, or significant disfigurement
- A fracture, or 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
- Significant limitation of use of a body function or system
- A non-permanent injury preventing your usual daily activities for at least 90 of the 180 days immediately following the crash
Those last two categories are where most Queens litigation actually lives, and they are proven with objective evidence: MRI findings, range-of-motion measurements taken at intervals, and treating physicians’ narratives. This is precisely why the gap in your treatment records matters so much.
One more rule shapes the outcome: New York applies pure comparative fault. If you’re found 25% responsible, your award is reduced by 25% — but you are never barred from recovering, even at 90% fault. Expect the other insurer to work hard on that percentage.
Not sure whether your injury clears the threshold?
We’ll review your records and tell you straight — free, and with no obligation.
5. Every Deadline That Applies to Your Claim
Beyond no-fault, the litigation clock runs separately. Under CPLR § 214, personal injury lawsuits in New York generally must be commenced within three years of the crash. Wrongful death actions run on a shorter two-year clock.
The dangerous exception is any claim against a public entity. If you were hit by an MTA bus, a Sanitation truck, an NYPD vehicle, or you were injured because of a defective roadway, you generally must serve a Notice of Claim within 90 days and file suit within one year and 90 days. Those cases arrive at our office all the time already half-expired.
6. Five Mistakes That Sink Queens Claims
- Giving the other insurer a recorded statement. You must cooperate with your own carrier. You are under no obligation to hand the opposing adjuster a transcript of you saying “I’m doing okay.”
- Posting about it. Investigators pull public social media. A photo of you at a barbecue three weeks after the crash becomes Exhibit A against your 90/180 claim.
- Accepting the first offer. Early offers arrive before the full extent of injury is known, and signing a release ends the claim permanently — including for the surgery you need next year.
- Stopping treatment because you feel a bit better. Gaps in care are read as recovery, not as a busy work schedule.
- Waiting. Camera footage overwrites, witnesses move, vehicles are scrapped, and skid marks fade. Evidence has a shelf life measured in days.
7. What a Car Accident Lawyer Actually Does
A good firm does considerably more than send letters. On a typical Queens crash file we are simultaneously: filing your no-fault application inside the 30-day window; identifying every applicable policy including UM/UIM and any commercial coverage; sending preservation demands for surveillance footage before it loops; ordering the NYPD report and 911 audio; coordinating with treating physicians so the record actually documents the threshold; and, where liability is disputed, retaining an accident reconstruction expert.
We handle the full range of collision cases — truck accidents, motorcycle crashes, bus accidents, and rideshare collisions — alongside construction accidents, slip and fall claims, and premises liability matters. You can review the full list on our practice areas page.
Our Queens accident lawyers serve clients throughout the borough, with dedicated pages for Rosedale (11422), Jackson Heights, Forest Hills, Jamaica, Flushing, and Bellerose. We also represent clients across Brooklyn and Nassau County.
Every case is handled on a contingency fee — no fee unless we recover for you.
Frequently Asked Questions
How long do I have to file a car accident claim in New York?
Two clocks run at once. Your no-fault (PIP) application must reach the insurer within 30 days of the crash, and a lawsuit against the at-fault driver generally must be filed within three years under CPLR § 214. If a city bus, MTA vehicle, or other public entity is involved, you may have as little as 90 days to serve a Notice of Claim — so call a Queens car accident lawyer immediately.
Do I need a lawyer if the other driver admitted fault at the scene?
Yes. An apology at the curb is not a legal admission, and drivers routinely change their account once their insurer gets involved. New York also applies pure comparative fault, so the other side has a direct financial incentive to shift a percentage of blame onto you. An attorney locks down the police report, witness statements, and nearby camera footage before any of it disappears.
What is New York’s serious injury threshold?
Under Insurance Law § 5102(d), you can only sue the at-fault driver for pain and suffering if your injury results in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation of use, significant limitation of use of a body function or system, or a non-permanent injury that prevents your usual activities for at least 90 of the 180 days following the crash.
What does a car accident lawyer in Queens cost?
Mushiyev Law handles car accident cases on a contingency fee — no upfront charge, and no fee unless we recover money for you. The initial case review is free, and we can meet at our Rosedale office, at your home, or at the hospital.
Should I give a recorded statement to the other driver’s insurance company?
No — not before speaking with an attorney. Adjusters for the at-fault driver are trained to ask questions that minimize your injuries, such as whether you feel fine today. Those answers are transcribed and used later to argue your injuries are minor. You are required to cooperate with your own no-fault carrier, but not to give the opposing insurer a recorded statement.
What if the driver who hit me had no insurance or fled the scene?
You may still recover through the Uninsured Motorist (UM) coverage on your own policy, or through the New York Motor Vehicle Accident Indemnification Corporation (MVAIC) if no policy applies. UM claims carry their own short notice deadlines, so hit-and-run cases need attention within days rather than weeks.
How much is my Queens car accident case worth?
Value depends on the severity and permanence of your injuries, medical costs, lost earnings, the available insurance coverage, and your percentage of comparative fault. Any lawyer who quotes a number before reviewing your medical records and the policy limits is guessing. We give you a realistic range once the records are in hand.
Visit Our Rosedale Office
Yakov Mushiyev & Associates, P.C.
1 Cross Island Plaza, Suite 325
Rosedale, NY 11422
Phone: (718) 775-3110
Hours: Monday–Friday, 9:00 AM – 6:00 PM
We’re just off the Belt Parkway and Cross Island Parkway, minutes from JFK, Laurelton, Springfield Gardens, and the Nassau County line. Free parking on site. If you can’t travel, we’ll come to you.
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Disclaimer: This article is general information about New York law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and statutes discussed here have exceptions that depend on the facts of your case. Prior results do not guarantee a similar outcome. Speak with a licensed New York attorney about your specific situation. Attorney advertising.
