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Long Island car accident lawyer — Law Office of Jason Tenenbaum
★★★★★ 4.9 Rating • 200+ Reviews

Long Island Car
Accident Lawyer

If you were hurt in a Long Island car crash, you are likely dealing with no-fault paperwork, adjuster calls, and pressure to settle before you know the full extent of your injuries. We handle car accident cases in Nassau and Suffolk courts every week — and we can help you too.

Serving Long Island, Nassau County, Suffolk County & All of NYC

Page updated April 2026 · Car accident lawyer — Long Island, Nassau & Suffolk

$100M+

Recovered

24+

Years Experience

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Upfront Cost

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Available

Quick answer: Long Island car accident claims

Updated April 2026

Settlement value turns on injury severity, fault, and available coverage — on Long Island, reported outcomes often fall roughly between about $50,000 and $3,000,000+ for serious car accident cases, but your case may fall outside that band.

  • No-fault (PIP): file your application within 30 days; basic economic loss caps apply.
  • Pain and suffering: requires a qualifying “serious injury” under Insurance Law 5102(d).
  • Lawsuit deadline: typically 3 years from the crash for negligence (CPLR 214) — shorter rules apply to death and many government claims.

Every case is unique — these points are general information, not guarantees.

Why Choose Our Firm

Why Long Island Car Accident Victims Choose Us

Deep Local Knowledge

Since 2002, Jason has handled car accident and no-fault matters in Nassau and Suffolk courts. That matters when insurers forum-shop, when venue affects strategy, and when local procedure decides whether evidence gets in.

No Fee Unless We Win

You pay nothing upfront and nothing out of pocket. Our fee is a percentage of what we recover. If we don't win, you owe us nothing.

Medical Network

Access to top Long Island medical specialists who understand injury documentation and know how to strengthen your claim with proper records.

24/7 Availability

Accidents don't follow a schedule. We answer calls nights, weekends, and holidays so you get help when you actually need it.

One Attorney, Start to Finish

Jason writes his own appeals and tries his own cases. The attorney who knows your file is the one standing in front of the judge. Most firms split that work.

Millions Recovered

A track record that includes $1.2M for spinal injuries from a rear-end crash, $750K for a side-swipe on the LIE, and six-figure results for herniated disc cases.

Proven Track Record

Recent Car Accident Recoveries

Car accident cases demand aggressive advocacy and deep knowledge of New York insurance law. Here is what our firm has achieved for accident victims across Long Island.

$3M

Car Accident Settlement

Multi-vehicle collision, Long Island

$2M

Bodily Injury Settlement

Spinal injuries, Nassau County

$1.2M

Motorcycle Accident

Rear-end crash, Nassau County

$750K

Side-Swipe on LIE

Commercial truck, Nassau County

*Past results do not guarantee similar outcomes. Every case is different.

Carriers We Negotiate With Daily

Every Major Auto Insurer Has Tried to Underpay Our Clients

When the same adjusters call you with the same lowball scripts every week, you learn how to push back. Below: the carriers we've negotiated, mediated, arbitrated, and tried cases against on Long Island and in NYC.

GEICO
Allstate
State Farm
Progressive
Liberty Mutual
USAA
Travelers
Nationwide
Farmers
MetLife
Hartford
MAPFRE
Plymouth Rock
Mercury

Lowball denials

When the carrier blames you for “contributing” to the crash or claims your injuries are “pre-existing,” we counter with the medical and accident-reconstruction evidence required under Pommells and 5102(d).

Stalling tactics

Endless verification requests, repeat IMEs, and 30-day delay loops. We file the right motions and arbitration demands so the file moves on your timeline, not the adjuster's.

Policy-limit fights

When liability is clear and the insurer drags settlement, we use bad-faith failure-to-settle pressure to expose the carrier to damages above policy limits. That changes the math fast.

Insurance company names appear for identification only and reflect carriers our firm has dealt with on car-accident matters. No endorsement, sponsorship, or affiliation is implied. Outcomes vary case by case.

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What is your Long Island
car accident case worth?

Our settlement calculator uses real Nassau and Suffolk County verdict data, the multiplier method, and the New York serious-injury threshold to produce an estimate in under 60 seconds.

  • Calibrated against thousands of NY verdicts and settlements
  • Accounts for Insurance Law §5102(d) serious-injury threshold
  • Adjusts for comparative-fault percentage (CPLR §1411)
  • Multiplier and per-diem methods, side by side

Step 4 of 4

Estimated

Estimated settlement range

$185k – $620k

Sample output — your case is unique

Accident type
Car accident
Severity
Moderate (fractures, herniated discs)
Economic damages
$72,000
Multiplier applied
2.5× – 6.5×
Comparative fault
10% (your share)

Long Island Car Accident Lawyer Near You

A car accident on Long Island can happen in an instant — roughly every four and a half minutes across New York State. Whether you were hit on the Southern State Parkway, the LIE, Sunrise Highway, or a local road in Hempstead, the aftermath is the same: physical pain, mounting bills, and an insurance company looking for reasons to pay you less.

At the Law Office of Jason Tenenbaum, P.C., we represent car accident victims throughout Nassau and Suffolk Counties. We combine aggressive advocacy with personalized attention to pursue every dollar you are owed — for your injuries, your lost wages, and your no-fault claims.

Hurt in a Long Island car accident?

Get a free case evaluation. We'll review what happened, explain your options, and tell you what your case may be worth.

Free Case Review
Illustrative car accident settlement ranges on Long Island (2024–2026)
Injury severity Typical range Typical timeline
Minor (soft tissue, sprains) $15,000 – $75,000 3–6 months
Moderate (fractures, disc injuries) $100,000 – $750,000 6–18 months
Severe (TBI, spinal cord, amputation) $750,000 – $3,000,000+ 1–3+ years

Every case is unique. These ranges reflect general Long Island car accident outcomes discussed on this page and are not guarantees.

How Does New York's No-Fault Insurance System Work After a Car Accident?

New York requires every driver to carry no-fault insurance, also called Personal Injury Protection (PIP). After a car accident, your own insurer covers initial expenses regardless of who was at fault:

  • Medical bills — up to $50,000 for necessary treatment
  • Lost wages — 80% of your income, up to $2,000 per month
  • Other basic expenses — household services, transportation to appointments

You must file your no-fault application within 30 days of the accident. Missing this deadline can cost you benefits.

No-fault does not cover pain and suffering. To sue the at-fault driver for additional compensation, your injuries must meet the "serious injury" threshold under Insurance Law Section 5102(d). That includes fractures, significant disfigurement, permanent limitation of a body organ or member, or inability to perform substantially all of your daily activities for 90 of the first 180 days after the accident.

What Are the Most Common Types of Car Accidents on Long Island?

Rear-end collisions

The most common type on congested roads like Sunrise Highway and Jericho Turnpike. These crashes frequently cause whiplash, herniated discs, and concussions. The trailing driver is presumed at fault under New York law, but insurance companies still dispute the severity of injuries.

T-bone (side-impact) accidents

Common at busy intersections across Nassau and Suffolk Counties. Limited side protection means these crashes produce severe injuries — fractured ribs, pelvic injuries, internal organ damage. Fault often comes down to who had the right of way, and proving it usually requires traffic camera footage or witness statements.

Highway crashes

High-speed collisions on the Long Island Expressway, Southern State Parkway, and Northern State Parkway often involve catastrophic injuries and complex multi-vehicle liability. These cases require accident reconstruction and thorough investigation of each driver's actions.

Rideshare accidents

Uber and Lyft accidents involve special insurance layers — the driver's personal policy, the rideshare company's policy, and potentially a third party's policy. Determining which coverage applies depends on the driver's status at the time of the crash (app off, waiting for a ride, or carrying a passenger).

Hit-and-run accidents

When a driver flees the scene, your uninsured motorist coverage becomes your primary source of recovery. We work with police reports, surveillance footage, and witness accounts to identify the at-fault driver when possible — and to maximize your UM claim when it's not.

What Are the Most Dangerous Roads on Long Island for Car Accidents?

Certain Long Island roads see a disproportionate share of serious accidents. If your crash happened at one of these locations, you may have a stronger case — especially if the road design, signage, or maintenance contributed to the collision.

Nassau County

  • Hempstead Turnpike, Elmont to Levittown
  • Sunrise Highway, Valley Stream to Freeport
  • Jericho Turnpike (Route 25)
  • Merrick Road, Lynbrook to Wantagh
  • Fulton Street and Route 109, Farmingdale
  • Grand Avenue, Baldwin
  • Mineola Boulevard, Mineola
  • South Oyster Bay Road, Syosset

Suffolk County

  • Route 110, Huntington Station
  • Montauk Highway, Shirley to Mastic
  • William Floyd Parkway, Shirley
  • Suffolk Avenue, Brentwood to Central Islip
  • Main Street, Patchogue
  • Jericho Turnpike (Route 25), Centereach
  • Islip Avenue, Central Islip
  • Montauk Highway, Bridgehampton

The Long Island Expressway (I-495), Southern State Parkway, and Northern State Parkway remain among the highest-volume accident corridors in the state. Municipal road defects — potholes, missing signage, malfunctioning traffic signals — can also create liability for the county or town under New York law. These cases fall under our broader personal injury practice.

Which Long Island Roads Have the Highest Accident Rates?

Long Island's road network carries some of the highest traffic volumes in the state, and certain corridors are responsible for a disproportionate share of serious and fatal crashes. Understanding where accidents cluster — and why — is important both for driver awareness and for building a strong auto accident claim when a crash occurs on one of these roads.

The Long Island Expressway (I-495) is the most dangerous road on Long Island by total crash volume. Stretching from the Queens-Midtown Tunnel to Riverhead, the LIE carries hundreds of thousands of vehicles daily through chronic congestion, construction zones, and high-speed merges. The combination of heavy commercial truck traffic, aggressive lane changes, and stop-and-go conditions produces rear-end collisions, multi-vehicle pileups, and sideswipe accidents.

The LIE's interchange areas are among the highest-frequency accident zones on the island. This is particularly true near Exits 37 through 49 in Suffolk County, where traffic from Route 110, the Northern State Parkway, and local roads converges. Nassau and Suffolk County police respond to thousands of crashes on the LIE each year. Our firm has handled cases arising from collisions at nearly every major exit along its length.

The Southern State Parkway presents a different but equally dangerous set of conditions. Built in the 1920s and 1930s as a scenic route, the Southern State was designed for a different era. Its narrow lanes, limited shoulders, tight curves, and low overpasses were never intended for modern traffic volumes. Passenger vehicles regularly travel at 60 to 70 mph on lanes several feet narrower than modern highway standards.

When an accident occurs on the Southern State, the lack of adequate shoulders means disabled vehicles and emergency responders share the travel lanes with oncoming traffic. This creates a high risk of secondary collisions. The stretch between Valley Stream and Wantagh is consistently among the most dangerous segments, with rear-end collisions and lane-departure crashes accounting for the majority of serious injuries.

The Northern State Parkway shares many of the Southern State's design-era limitations — narrow lanes, minimal shoulders, and curves that require drivers to reduce speed — but adds the complication of frequent merging traffic from numerous on-ramps and cross-parkway interchanges. The merge areas where the Northern State meets the Meadowbrook Parkway, Wantagh Parkway, and Sagtikos Parkway are particularly hazardous, as drivers attempting to enter high-speed traffic from short acceleration lanes create sudden braking and lane-change conflicts. Accident data consistently shows elevated crash rates at these interchange points.

Sunrise Highway (Route 27) runs the length of Long Island's south shore, transitioning between limited-access expressway segments and commercial surface road sections. This inconsistency is itself a hazard. Drivers accustomed to highway speeds suddenly encounter traffic signals, turning vehicles, pedestrians, and commercial driveways. The mix of commercial and residential traffic through Bay Shore, Islip, Patchogue, and beyond creates constant conflict between through-traffic and local vehicles.

The Route 110/Walt Whitman Road corridor through Huntington Station and Melville is one of Suffolk County's highest-volume accident locations. Heavy congestion, commercial truck traffic, numerous driveway cuts, and speeds of 45 mph or more combine to produce frequent rear-end collisions, T-bone accidents, and pedestrian strikes near bus stops and shopping centers.

The Meadowbrook Parkway and Wantagh Parkway corridors connect the Long Island Expressway to Jones Beach and the south shore communities. These north-south parkways see heavy seasonal traffic that far exceeds their design capacity, particularly during summer weekends. Beach-bound traffic, unfamiliar drivers, and aggressive driving produce a spike in accidents during the warm-weather months. Nassau County statistics consistently show higher crash rates on these corridors from May through September.

When your accident occurs on one of these dangerous Long Island roads, the road's history of crashes, its design deficiencies, and the specific conditions at the time of your collision all become relevant factors in building your case.

How Does a Car Accident Lawyer Handle Your Claim on Long Island?

1

Evidence preservation

We secure crash scene photos, witness statements, dashboard camera footage, and vehicle data before anything disappears. In one recent case, dashcam footage obtained within 48 hours proved the other driver ran a stop sign in Huntington — directly contradicting the insurer's version of events.

2

Medical documentation

Properly linking your injuries to the accident requires coordination with healthcare providers. We help clients avoid gaps in treatment records that insurers routinely exploit to argue that injuries are pre-existing or exaggerated.

3

Deadline management

Missing a deadline can void your right to sue. The statute of limitations for accident injury claims is three years, but the no-fault application deadline is 30 days, and claims against municipalities require notice within 90 days. We track all of them.

4

Negotiation and litigation

Most cases settle, but we prepare every claim as if it is going to trial in Nassau or Suffolk County Supreme Court. Insurers know the difference between a lawyer who will fold and one who will try the case. That preparation is what moves settlement numbers. If your case does go to trial, our guides on what to wear to court and how to talk to a judge can help you prepare.

Do I Need a Lawyer for a Car Accident on Long Island?

Jason has handled no-fault and car accident cases on Long Island since 2002. He writes his own appeals and tries his own cases, which means the attorney who knows your file is the one standing in front of the judge. Most firms hand off that work to different lawyers at different stages.

A few results that show what that looks like in practice: a $1.2 million settlement for a Nassau County driver with spinal injuries from a rear-end crash, and a case in Suffolk County where we obtained dashboard camera footage within 48 hours that proved the other driver was at fault. In another case, an insurer offered $15,000 for a client with a herniated disc who needed surgery. We rejected it and fought for what the case was actually worth.

Jason handles the full process from your first call through trial or settlement. He knows the judges in Nassau and Suffolk County, he understands New York's no-fault system, and he has seen enough of these cases to spot the moves insurers make before they make them. Consultations are free, and you pay nothing unless we recover money for you.

What Should I Do After a Car Accident on Long Island?

Attorney Jason Tenenbaum walks through the steps you should take right after an accident on Long Island:

Key topics covered:

  • Evidence to collect at the accident scene
  • Dealing with insurance adjusters without hurting your claim
  • Common mistakes that reduce compensation
  • When to seek medical attention for injuries that are not immediately apparent
  • Deadlines that affect your legal rights on Long Island

Case study: Monica R., side-swipe on the LIE

Monica R., a teacher and single mother from Nassau County, was driving east on the Long Island Expressway near Exit 41 during rush hour in fall 2023 when a commercial truck side-swiped her sedan in the middle lane. Her car spun into the guardrail. She fractured her wrist badly enough to need surgery, metal pins, and months of physical therapy. Between the medical bills and missed work, she was in serious trouble.

The case looked difficult on paper. The truck driver claimed Monica changed lanes into him. An independent witness backed his story. The police report recorded conflicting accounts but assigned no fault. Accident reconstruction came back inconclusive, leaning slightly toward shared blame.

But the truck driver's deposition told a different story. He was hostile, dismissive, and made comments that suggested racial bias. None of that changed the physical evidence, but Jason knew from trying hundreds of cases that Nassau County juries pay attention to credibility. A witness who comes across as arrogant and prejudiced loses the room, no matter what the reconstruction report says.

Jason deposed both the driver and the witness under CPLR Article 31, found inconsistencies in their accounts, and prepared cross-examination that would expose those gaps at trial. He assembled Monica's medical records to establish the severity of her injuries under Insurance Law Section 5102, and built the case to survive a comparative fault defense under CPLR Section 1411.

The trucking company's lawyers could read the situation. They had a witness, but they also had a defendant who would alienate jurors the moment he opened his mouth. They chose to settle rather than risk it. The case resolved for $750,000, covering Monica's medical expenses, lost income, pain and suffering, and future care. Early settlement offers had been a fraction of that.

The takeaway: evidence matters, but it is rarely the whole picture. Cases like these turn on credibility, preparation, and knowing what a particular jury pool is likely to care about.

What Steps Should I Take in the First 24 Hours After a Car Accident?

The decisions you make in the first 24 hours after a car accident on Long Island will shape the outcome of your case more than almost anything else. Insurance companies know this. Their adjusters move fast — contacting you within hours, before you have had time to understand your injuries or consult an attorney. You need to move just as fast, but with a plan.

First and most importantly, stay at the scene. Under New York Vehicle and Traffic Law Section 600, leaving the scene of an accident involving injury or property damage is a crime. Even if the collision seems minor, pulling away before exchanging information can turn a civil matter into a criminal one. If anyone is hurt, call 911 immediately.

If no one appears injured, you should still call the police and request a report. A police accident report is one of the most important pieces of evidence in any car accident claim. Without it, liability disputes devolve into a he-said-she-said contest that insurance companies exploit. The officer's observations — road conditions, weather, positioning of vehicles, statements from drivers and witnesses — create a contemporaneous record that is difficult to challenge later.

Seek medical attention within 24 hours, even if you feel fine at the scene. This is the single most common mistake car accident victims make on Long Island, and it costs them tens of thousands of dollars. Adrenaline and shock mask pain. Soft tissue injuries like herniated discs, torn ligaments, and concussions often produce no symptoms for hours or even days.

If you wait a week to see a doctor, the insurance company will argue that your injuries did not come from the accident or are not as serious as you claim. They will point to the gap between the accident date and your first medical visit. Under New York's no-fault system, you must file your PIP application within 30 days, and prompt medical documentation supports that application.

While you are still at the scene, document everything. Use your phone to photograph the damage to all vehicles, the road surface, traffic signals, skid marks, debris, weather conditions, and any visible injuries. Photograph the other driver's license plate, driver's license, and insurance card. If there are witnesses, get their names and phone numbers. Witness memories fade quickly, and within a few weeks, people who saw the accident clearly may no longer remember key details.

Do not admit fault at the scene. This is harder than it sounds. After an accident, people instinctively say things like "I'm sorry" or "I didn't see you." These statements, even when they express shock rather than responsibility, can be used against you. The other driver's insurance company will present any apologetic statement as evidence that you caused the collision. Let the police report and evidence speak to fault.

Do not post about the accident on social media. Insurance companies actively monitor Facebook, Instagram, TikTok, and other platforms for posts by claimants. A photo of you smiling at a family event, a check-in at a restaurant, or even a vague post like "feeling better today" can be used to argue your injuries are not severe.

Defense attorneys have used social media posts to undermine pain and suffering claims in Nassau and Suffolk County courtrooms. The safest approach is to avoid posting anything until your case is resolved — and to ask friends and family not to tag you in posts either.

Finally, contact a car accident attorney before giving any recorded statement to an insurance company. The other driver's insurer will call you, often within hours. They will sound sympathetic and ask you to describe what happened "in your own words." That recording is not for your benefit. It is a tool to find inconsistencies and build a case against you. You are under no legal obligation to speak with the other driver's insurance company without an attorney present.

How Do Insurance Companies Try to Reduce My Car Accident Settlement?

After more than two decades of handling car accident claims against every major carrier on Long Island, one thing is clear: insurance companies do not make money by paying claims. They make money by collecting premiums and minimizing payouts. Every tactic they use — from the friendly phone call hours after the crash to the independent medical exam months later — is designed to reduce what they owe you.

The claims adjuster is not your advocate. Within hours of your accident — sometimes before you have left the emergency room — you will hear from an adjuster representing the at-fault driver's carrier. They will express concern about your well-being and ask how you are feeling. This is not kindness. It is strategy. The adjuster's job is to get you talking while your guard is down.

If you tell the adjuster "I feel okay" or "it's mostly my neck that hurts," you have created a record that limits your claim. Later, when your MRI reveals two herniated discs and a torn rotator cuff, the insurer will argue those injuries came from something else. They will ask for a recorded statement "just to get the facts straight." That recording becomes a deposition tool — played back to highlight any inconsistency between what you said at the scene, what you told the adjuster, and what you later described to your doctor.

Lowball settlement offers are standard practice. Insurance companies know that accident victims are under financial pressure. Medical bills are piling up. You may have missed weeks of work. Your car may be totaled. In that moment of vulnerability, the adjuster presents an offer that seems generous — maybe $5,000 or $10,000. That offer typically represents 10 to 20 percent of the true value of your claim.

These early offers are designed to close the file before you understand the full extent of your injuries. Many soft tissue injuries worsen over time, and some require surgery that will not become apparent for months. By accepting an early settlement, you waive your right to pursue additional compensation. We have seen insurers offer $15,000 for injuries that ultimately required $80,000 in surgery and resulted in permanent limitations.

Delay is another weapon in the insurance company's arsenal. When a quick settlement does not work, carriers shift to slow-walking the claim. They request the same medical records multiple times. They claim documents were never received. They schedule and reschedule independent medical examinations. They assign your claim to a new adjuster who needs to "get up to speed."

Each delay increases your financial pressure and wears down your willingness to fight. The longer you go without a resolution, the more likely you are to accept whatever they offer. New York courts have recognized this pattern. However, without an attorney tracking deadlines and holding the carrier accountable, these delays can drag on for months or even years.

Denial strategies are more sophisticated than most claimants realize. The most common tactic is blaming the victim through comparative negligence. Under CPLR Section 1411, New York follows a pure comparative fault system. The insurance company only needs to convince a jury you were partially responsible to reduce their payout. They will comb through every detail — were you on your phone, were you speeding, did you fail to signal — and assign you as much fault as they can justify.

Even when liability seems clear, insurers challenge the severity of injuries through independent medical examinations. These exams are neither independent nor thorough. The IME doctor is selected and paid by the insurance company. These exams often last 10 to 15 minutes and conclude that your injuries are minor, pre-existing, or unrelated to the accident. Peer reviews work the same way — a doctor who has never examined you writes a report downplaying your condition. These reports are then used to deny coverage for treatment your own doctors recommended.

Surveillance is more common than most people think. If your claim involves significant damages, the insurance company may hire a private investigator to follow you. They will video you carrying groceries, playing with your children, or walking without a visible limp. These clips are presented out of context to argue that your injuries are exaggerated.

A 30-second video of you lifting a bag of dog food does not capture the three hours you spent on the couch afterward. But the jury will only see the video. Insurance carriers also monitor social media. A post about attending a wedding, a photo from a vacation, or even a comment about "having a good day" can be twisted into evidence that you are not as injured as you claim.

This is why you should never speak to the other driver's insurance company without an attorney. You are under no legal obligation to cooperate with their investigation. You do not have to give a recorded statement. You do not have to sign a blanket medical authorization granting access to your entire medical history going back decades.

An experienced car accident attorney acts as a buffer between you and the carrier. We protect your statements, challenge lowball offers with evidence of your actual damages, and force the insurer to operate on a timeline. At our firm, we handle all communication with the insurance company from day one so you can focus on recovering.

What Is New York's No-Fault Insurance System and How Does It Affect My Claim?

New York's no-fault insurance system, codified in Insurance Law Article 51, fundamentally shapes how every car accident claim on Long Island is handled. Unlike traditional tort states, New York requires your own auto insurance carrier to cover certain initial expenses regardless of who caused the accident. This system was designed to provide prompt medical coverage and reduce litigation over minor injuries. However, it also creates legal hurdles that can prevent injured drivers from recovering full compensation.

Personal Injury Protection benefits — commonly referred to as PIP or no-fault benefits — provide up to $50,000 in coverage for medical expenses reasonably necessary for treatment of injuries from a motor vehicle accident. PIP also covers 80% of your lost gross income, capped at $2,000 per month, for up to three years. Additional covered expenses include household services and transportation costs to medical appointments.

These benefits are available whether you caused the accident, the other driver caused it, or fault is disputed. However, you must file your no-fault application with your own insurer within 30 days of the accident. All medical treatment must be pre-authorized or timely submitted to the carrier to avoid denial of payment.

Insurance Law §5102(d) — The Serious Injury Threshold

To sue for pain and suffering after a car accident in New York, your injuries must meet the “serious injury” threshold: a fracture, significant disfigurement, permanent limitation, or a 90/180-day disability. Insurance companies contest this in virtually every case — our firm has defeated these motions in over 1,000 cases across Nassau and Suffolk County courts.

No-fault benefits do not cover pain and suffering. To pursue a lawsuit against the at-fault driver for non-economic damages, your injuries must meet the "serious injury" threshold under Insurance Law §5102(d). This statute defines eight categories of qualifying injury: significant disfigurement, bone fracture, permanent loss of use of a body organ or member, permanent consequential limitation, significant limitation of use of a body function or system, dismemberment, loss of a fetus, and a medically determined injury preventing substantially all daily activities for at least 90 of the first 180 days after the accident.

Insurance companies contest the serious injury threshold aggressively and routinely file summary judgment motions arguing that the plaintiff's injuries do not qualify under any of these categories.

Our firm systematically documents injuries to meet the §5102(d) threshold from the first day of representation. We work with your treating physicians to ensure medical records include objective diagnostic evidence — MRI findings showing disc herniations, range-of-motion measurements with a goniometer showing quantified limitations, EMG and nerve conduction studies confirming radiculopathy, and detailed narrative reports tying impairments to the statutory categories.

Contemporaneous, consistent medical documentation is the key to defeating the insurance company's motion for summary judgment on the serious injury threshold. Building that record requires coordination between your legal team and medical providers from the outset — not retroactively months before trial.

A critical aspect of New York car accident law is that no-fault benefits and third-party liability claims operate simultaneously, not sequentially. You can receive PIP benefits from your own insurer while pursuing a separate lawsuit against the at-fault driver. That separate claim can include full medical expenses beyond the $50,000 cap, complete lost income without the $2,000 monthly limit, and pain and suffering.

The no-fault carrier pays your medical bills as treatment occurs, while the third-party claim seeks compensation for the totality of your losses. When the third-party case resolves, the no-fault carrier may assert a lien to recover benefits already paid. Your attorney manages this interplay as part of the overall case strategy.

When the at-fault driver has no insurance or insufficient coverage, your own policy's uninsured motorist (UM) and underinsured motorist (UIM) coverage becomes essential. New York law requires all policies to include UM/UIM coverage with minimum limits of $25,000 per person and $50,000 per accident, though many drivers carry higher limits. If the at-fault driver is uninsured, your UM coverage steps in. If their policy limits fall below your claim's value, your UIM coverage pays the difference up to your own policy limits.

We also investigate whether additional sources of recovery exist — the vehicle owner's separate policy if the driver was operating someone else's car, commercial insurance if the at-fault vehicle was being used for business purposes, or municipal liability if a road defect contributed to the accident. Identifying every available source of coverage is fundamental to maximizing the total compensation our clients recover.

Browse by category

Every kind of Long Island car accident case we handle

From rear-end collisions to nerve injuries, click through to a deep guide on whichever situation matches yours.

Damages & Legal Frameworks

What you can recover, who pays, and how it's measured

Deep Dives

New York car accident law guides

In-depth guides on the procedural and substantive issues that shape every Long Island car accident claim.

How long does a car accident lawsuit take in New York?

Full timeline from investigation through trial

Read guide

Whiplash settlement amounts in New York

What determines case value for soft-tissue injuries

Read guide

Rear-end car accident settlement in New York

Fault presumption, injury ranges, and valuation factors

Read guide

Pedestrian hit by car in New York: settlement value and rights

No-fault for pedestrians, liability, and compensation

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Truck accident lawsuit in New York

FMCSR violations, multiple defendants, and evidence preservation

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Uninsured motorist claim on Long Island

UM vs. UIM vs. MVAIC explained

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How to negotiate with insurance companies after a car accident in New York

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Car accident police report in New York

How to get your MV-104 and challenge errors

Read guide

How much is a car accident settlement worth in New York?

Injury severity, Colossus software, and demand strategy

Read guide

No-fault insurance vs. personal injury lawsuit on Long Island

When you can step outside the no-fault system

Read guide

Soft tissue injuries after a car accident in New York

Proving your claim and meeting the serious injury threshold

Read guide

Pain and suffering after a car accident in New York

How courts calculate non-economic damages and realistic value ranges

Read guide

Hit and run accident settlements in New York

UM coverage, MVAIC claims, and your rights when the driver flees

Read guide

Speeding accident settlements in New York

how EDR black box data and negligence per se affect your case value

Read guide

Intersection accident settlements in New York

right-of-way violations, traffic cameras, and municipal liability

Read guide

Rear-end accident settlements in New York

the presumption of liability and how EDR destroys the sudden stop defense

Read guide

Head-on collision settlements in New York

dram shop liability, punitive damages, and multi-defendant recovery

Read guide

Rollover accident settlements in New York

product liability, roof crush defects, and vehicle preservation

Read guide

Rideshare accident settlements in New York

Uber/Lyft coverage periods and the $1M commercial policy

Read guide

Parking lot accident settlements in New York

premises liability, surveillance footage, and multi-party claims

Read guide

Construction zone accident settlements in New York

MUTCD violations, contractor liability, and multi-defendant recovery

Read guide

Bicycle accident settlements in New York

no serious injury threshold for cyclists suing at-fault drivers directly

Read guide

Motorcycle accident settlements in New York

no-fault exclusion, left-turn doctrine, and helmet defense rebuttal

Read guide

Road rage accident settlements in New York

intentional conduct, punitive damages, and insurance coverage gaps

Read guide

Weather-related accident settlements in New York

VTL §1180(e), black ice liability, and municipal road maintenance claims

Read guide

Car accident statute of limitations in New York

CPLR §214, government claims, and tolling exceptions

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Teen driver accident settlements in New York

VTL §388 parental liability, negligent entrustment, and GDL violations

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Drowsy driving accident settlements in New York

FMCSR hours violations, ELD evidence, and employer liability

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Commercial vehicle accident settlements in New York

delivery driver liability, respondeat superior, and $1M+ commercial policies

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Wrong-way driver accident settlements in New York

DUI liability, punitive damages, and municipal signage claims

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Multi-car pileup settlements in New York

CPLR §1601 apportionment, EDR evidence, and stacking UM/SUM coverage

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T-bone accident settlements in New York

VTL §1141 left-turn liability, red-light camera footage, and EDR airbag data

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Failure to yield accident settlements in New York

VTL §1142 stop sign liability, intersection right-of-way disputes, and comparative fault

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Aggressive driving accident settlements in New York

VTL §1212 reckless driving, punitive damages, and intentional acts insurance disputes

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Tailgating accident settlements in New York

VTL §1129(a) rear-end presumption, dashcam evidence, and defeating the sudden stop defense

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Defective vehicle accident settlements in New York

strict products liability, NHTSA recalls, and suing manufacturers

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Pedestrian accident settlements in New York

no-fault for non-drivers, VTL §1151 yield duty, and MVAIC hit-and-run claims

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Road defect accident settlements in New York

GML §50-e 90-day Notice of Claim, prior written notice rule, and pothole liability

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Truck accident settlements in New York

FMCSA violations, black box data, and multi-defendant recovery against carriers and shippers

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Bus accident settlements in New York

common carrier standard, GML §50-e municipal claims, and school bus liability

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Rental car accident settlements in New York

Graves Amendment, ECL policies, and UM/UIM gaps when the renter is underinsured

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Electric vehicle accident settlements in New York

Tesla Autopilot liability, battery fire claims, and strict products liability under §402A

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School bus accident settlements in New York

Notice of Claim within 90 days, infancy toll limitations, and district liability

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Electric scooter and e-bike accident settlements in New York

no-fault coverage gaps, products liability against manufacturers, and pedestrian claims

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Parking garage accident settlements in New York

premises liability, surveillance preservation, and VTL §1172 in private lots

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Drug-impaired driving accident settlements in New York

cannabis DUI evidence challenges, DRE evaluations, and prescription drug impairment

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Distracted driving accident settlements in New York

cell phone subpoenas, VTL §1225-d texting violations, and comparative fault strategies

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Comparative fault in New York car accident cases

how CPLR §1411 pure comparative negligence affects your settlement and what to do when insurers overstate your share

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Nighttime accident settlements in New York

VTL §375 lighting violations, overdriving headlights doctrine, and proving negligence in low-visibility crashes

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Emergency vehicle accident settlements in New York

VTL §1104 reckless disregard standard, GML §50-e Notice of Claim, and municipal liability

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Highway accident settlements in New York

VTL §1128 lane change violations, DOT maintenance liability, and high-speed crash damages

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Deer and animal collision settlements in New York

VTL §1180 speed-for-conditions, comprehensive vs. collision coverage, and municipal signage liability

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Neck injury car accident settlements in New York

whiplash, herniated discs, and cervical fractures — serious injury threshold and settlement ranges

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Back injury car accident settlements in New York

lumbar herniation, compression fracture, spinal cord injury, and the eggshell plaintiff rule

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Brain injury car accident settlements in New York

TBI, concussion, DAI, and why fMRI/DTI imaging is critical to proving your claim

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Shoulder injury car accident settlements in New York

rotator cuff tears, labrum injuries, and AC joint separations — surgery impact on settlement value

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Knee injury car accident settlements in New York

ACL tears, meniscus injuries, and tibial plateau fractures — dashboard impact mechanism and settlement ranges

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Spinal cord injury car accident settlements in New York

complete vs. incomplete SCI, life care plans, and why these cases often settle for millions

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Lost wages after a car accident in New York

the $2,000/month PIP cap, suing for full lost earning capacity, and documenting self-employed income

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Wrongful death car accident settlements in New York

EPTL §5-4.1 pecuniary loss, survival action, and the 90-day GML §50-e Notice of Claim trap

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Car accident demand letters in New York

what to include, how to calculate your demand, and when to send it to the insurer

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Car accident initial settlement offers in New York

Colossus software, the quick release trap, and how to counter a lowball offer

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Who pays car accident medical bills in New York?

PIP no-fault, health insurance coordination, Medicare/Medicaid liens, and medical provider liens at settlement

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Car accident IME in New York

what happens at an independent medical examination, how insurers use IME reports to cut benefits, and how to protect your claim

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Car accident evidence in New York

dashcam footage, traffic cameras, EDR black box data, cell phone records, and spoliation adverse inference

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Government vehicle car accidents in New York

the 90-day GML §50-e Notice of Claim, which entity to serve, and the 1-year-90-day statute of limitations

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Car accident recorded statements in New York

what to say, what to avoid, and when to refuse an insurer's recorded statement request

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PTSD after a car accident in New York

Insurance Law §5102(d) nervous system threshold, DSM-5 documentation, and suing for psychological injuries

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Sun glare accident settlements in New York

VTL §1180(a) speed-for-conditions duty, why glare is not a defense, and settlement ranges

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Street racing accident settlements in New York

VTL §1182 negligence per se, joint enterprise liability, and punitive damages

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Pothole accident settlements in New York

GML §50-e 90-day Notice of Claim, prior written notice doctrine, and municipal liability

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Passenger injury car accident settlements in New York

suing the driver of your car, VTL §388 owner liability, and why passengers almost always recover full compensation

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Car accident anxiety and emotional distress in New York

§5102(d) nervous system threshold, DSM-5 documentation, eggshell plaintiff rule, and compensation for psychological injuries

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Left turn accident settlements in New York

VTL §1141 absolute yield duty, negligence per se, EDR speed data, and defeating the speeding defense

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Wrong lane accident settlements in New York

VTL §1120 center-line crossing as negligence per se, sudden emergency doctrine limits, and head-on collision damages

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School zone speeding accident settlements in New York

VTL §1180(b) 15 mph child-present limit, punitive damages, speed camera records, and work zone doubled-fine duty

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Sudden stop accident settlements in New York

VTL §1129(a) following-distance duty, why sudden stop is not a complete defense, and EDR braking data

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Car accident scarring and disfigurement settlements in New York

Insurance Law §5102(d) significant disfigurement threshold, documenting permanent scarring, and why scar cases carry unique settlement leverage

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Delivery driver accident settlements in New York

Amazon, FedEx, UPS, and DoorDash driver liability, respondeat superior vs. independent contractor defense, and commercial policy limits

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Reckless driving accident settlements in New York

VTL §1212 reckless operation, enhanced settlement value vs. ordinary negligence, and punitive damages eligibility

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Ice and black ice accident settlements in New York

VTL §1180(a) duty to slow for ice, the "I hit black ice" defense that fails, municipal liability, and GML §50-e Notice of Claim

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Taxi cab accident settlements in New York

TLC licensing requirements, Insurance Law §370 mandatory minimums, and how taxi vs. rideshare liability differs for injured passengers

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Delayed car accident injuries in New York

why whiplash, herniated discs, and TBI symptoms can take days to appear, and how delays affect your insurance claim

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Car accidents while pregnant in New York

fetal injury claims, placental abruption risks, and why you need immediate medical evaluation after any impact

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Passing in a no-passing zone accident settlements in New York

VTL §1124 negligence per se, head-on collision damages, and proving the other driver crossed a double yellow line

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Airbag injury settlements in New York

chemical burns from sodium azide, friction burns from airbag fabric, and when a defective airbag manufacturer (Takata) becomes a second defendant in your claim

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Broken bone car accident settlements in New York

why any fracture automatically clears the serious injury threshold under §5102(d), settlement ranges by fracture type, and how ORIF surgery affects your recovery

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Internal injury car accident settlements in New York

spleen laceration, liver damage, and pneumothorax settlement ranges, delayed symptom risks, and why you must go to the ER even if you feel fine after a crash

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Burn injury car accident settlements in New York

settlement ranges for first through third-degree burns, permanent disfigurement under §5102(d), and product liability claims against vehicle manufacturers for fuel system defects

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Amputation and limb loss car accident settlements in New York

settlement ranges from toe amputations to above-knee amputations, lifetime prosthetic costs exceeding $500,000, and why loss of a limb satisfies the §5102(d) serious injury threshold automatically

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Eye injury car accident settlements in New York

corneal abrasions, retinal detachment, and total blindness settlement ranges, why airbag deployments at 170 decibels damage vision, and how permanent vision loss clears the §5102(d) threshold

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Hearing loss and tinnitus car accident settlements in New York

airbag explosions reach 170 decibels — above the pain threshold — and permanent acoustic trauma and tinnitus settlements can reach $1M+ for bilateral deafness

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Facial injury and disfigurement car accident settlements in New York

permanent facial scars qualify as 'significant disfigurement' under §5102(d), with settlement ranges from $25,000 for minor scars to $3M+ for extensive reconstructive surgery cases

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Punitive damages in New York car accident cases

when courts award punitive damages for drunk driving, reckless driving, and road rage—and why the at-fault driver's personal assets matter when insurance won't cover punitives

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Vocational rehabilitation and lost earning capacity after a car accident in New York

how attorneys use vocational experts and economic experts to calculate lifetime lost income and why this component can exceed your medical bills

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Loss of consortium car accident settlements in New York

settlement ranges for spousal consortium claims ($10,000–$750,000+), why only married spouses can file in NY, and how the serious injury threshold affects the consortium claim

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Suing a municipality for a road defect car accident in New York

the 90-day Notice of Claim requirement under GML §50-e, the prior written notice rule obstacle, and how to FOIL prior complaint records to prove the government knew about the defect

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How future medical expenses are calculated in New York car accident cases

life care plans, economist testimony, present value analysis, CPLR §4111 structured judgments, and collateral source reductions under §4545

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Insurance adjuster tactics after a car accident in New York

early settlement traps, recorded statement risks, surveillance, IME games, and how a lawyer changes the dynamic with adjusters

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Nerve damage from a car accident in New York

radiculopathy, brachial plexus injuries, EMG/NCV testing, and settlement values from soft radiculopathy ($75K-$350K) to severe brachial plexus avulsion ($500K-$5M)

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Car accident property damage claims in New York

total loss ACV disputes, right to choose your own repair shop (11 NYCRR §216), diminished value claims, and rental car rights under Insurance Law §3411

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Rotator cuff injury car accident settlement in New York

SLAP tears, Bankart lesions, arthroscopic repair, and how surgery timing and pre-existing degeneration affect your case value

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Hip injury car accident settlement in New York

acetabular fractures, avascular necrosis, total hip replacement, and life care plan damages from dashboard hip mechanism injuries

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Rib fracture car accident settlement in New York

flail chest, pneumothorax, intercostal neuralgia, and why rib injuries are often more serious than insurers acknowledge

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Ankle and foot injury car accident settlement in New York

bimalleolar/trimalleolar fractures, Lisfranc injuries, calcaneal fractures, and settlement values for complex foot injuries

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Wrist and hand injury car accident settlement in New York

distal radius fractures, scaphoid AVN, TFCC tears, and CRPS — how surgery, grip loss, and career impact drive case value

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Elbow injury car accident settlement in New York

terrible triad, olecranon fractures, radial head replacement, heterotopic ossification, and ulnar nerve injuries

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Chest injury car accident settlement in New York

seatbelt injuries, rib fractures, traumatic aortic injury, cardiac contusion, and intercostal neuralgia damages

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Abdominal injury car accident settlement in New York

spleen rupture, liver lacerations, bowel perforation delayed diagnosis, and post-splenectomy immunodeficiency damages

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Pelvic injury car accident settlement in New York

pelvic ring fractures, acetabular fractures, sacral nerve injury, pudendal nerve damage, and sexual dysfunction damages

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Skull fracture car accident settlement in New York

epidural and subdural hematomas, post-traumatic epilepsy, temporal bone fractures, and life care plan damages for TBI

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Dental and TMJ injury car accident settlement in New York

broken teeth, jaw fractures, TMJ disc displacement, and long-term chronic TMJ dysfunction damages

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Chronic pain and CRPS car accident settlement in New York

Complex Regional Pain Syndrome diagnosis, Budapest Criteria, spinal cord stimulator costs, and life care plan damages

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Car Accident Deposition Guide

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Medical Liens After a Car Accident

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Going to Trial After a Car Accident

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When No-Fault Benefits Run Out

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Rental Car Reimbursement After an Accident

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What Happens When Your Car Is Totaled

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When the Insurance Company Denies Your Claim

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Structured Settlement vs. Lump Sum

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Car Accident While Working

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Car Accidents Involving Children

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Car Accidents and Social Security Disability

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Chiropractic Treatment After a Car Accident

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Physical Therapy After a Car Accident

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Epidural Injections for Car Accident Injuries

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Life Care Plans in Catastrophic Cases

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Vocational Experts and Lost Earning Capacity

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How Pain & Suffering Is Calculated

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EMG & Nerve Conduction Studies Explained

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Accident Reconstruction Experts

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Fibromyalgia After a Car Accident

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Cell Phone Records as Distracted Driving Evidence

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Eyewitness Statements in Car Accident Cases

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Health Insurance & ERISA Liens on Settlements

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The 30-Day No-Fault Application Deadline

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Gap in Treatment

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Police Report

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Lost Earning Capacity

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Insurance Bad Faith

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Social Media & Your Claim

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Pre-Existing Conditions

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Medicare & Medicaid Liens

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Lawsuit Timeline

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Jury Verdict vs. Settlement

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Expert Witnesses

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Punitive Damages

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Black Box / EDR Evidence

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Serious Injury Threshold

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Deposition Preparation

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What Happens at Trial

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Case Value Factors

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Attorney Fees & Contingency

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How Surgery Affects Settlement

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Multiple At-Fault Parties

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Preserving Evidence

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Health Insurance & No-Fault

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MRI & Herniated Disc Findings

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Gig Worker Claims

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Pain & Suffering Documentation

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Knee Ligament Injuries

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Permanent Disability Ratings

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Choosing the Right Specialist

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Post-Traumatic Arthritis

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New York Insurance Minimums

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When You Refuse Treatment

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What To Do After a Crash

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CRPS / Complex Regional Pain Syndrome

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Responding to a Lowball Offer

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Car Accident Mediation in New York

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Filing a Car Accident Lawsuit

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The Discovery Process Explained

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Product Liability in Car Accident Cases

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Joint Replacement After a Car Accident

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Workers Compensation and Car Accident Claims

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Independent Contractor Car Accident Claims

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Car Accident Arbitration in New York

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Non-economic damages often dwarf medical bills in serious car accident cases. Learn how New York courts and insurers value pain, suffering, and emotional distress.

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Common Questions

Frequently Asked Questions

How soon after a Long Island car accident should I contact a lawyer?

Within the first 24 to 48 hours if possible. Evidence disappears fast — skid marks wash away, witnesses forget details, and surveillance footage gets overwritten. Early legal involvement also prevents costly mistakes with insurance adjusters. If your accident involved a municipality (county vehicle, pothole, defective traffic signal), you may have as little as 90 days to file a notice of claim under General Municipal Law Section 50-e.

What is New York's no-fault insurance system and how does it affect my car accident claim?

New York requires every driver to carry no-fault insurance (Personal Injury Protection). After an accident, your own insurer covers up to $50,000 in medical bills, lost wages (80% up to $2,000/month), and other basic economic losses — regardless of who caused the crash. You must file your no-fault application within 30 days of the accident.

No-fault does not cover pain and suffering. To sue for pain and suffering, your injuries must meet the 'serious injury' threshold under Insurance Law Section 5102(d) — meaning a fracture, significant disfigurement, permanent limitation of a body organ or member, or inability to perform daily activities for 90 of the first 180 days after the accident.

How much is my Long Island car accident case worth?

It depends on the severity of your injuries, the clarity of fault, available insurance coverage, and the long-term impact on your life. We have recovered settlements ranging from six figures for herniated disc cases to over $1 million for clients with spinal injuries.

During a free consultation, we evaluate the specific facts of your case — medical records, liability evidence, policy limits — and give you a realistic range based on outcomes in Nassau and Suffolk County courts.

What if the other driver is uninsured or underinsured?

You can file a claim under your own policy's uninsured/underinsured motorist (UM/UIM) coverage. New York law requires all auto insurance policies to include UM/UIM coverage with minimum limits of $25,000 per person and $50,000 per accident. We also investigate whether third parties — vehicle manufacturers, road maintenance authorities, bars that over-served the driver — share liability. Multiple sources of recovery may be available.

Will I have to go to court for my Long Island car accident case?

Most car accident cases settle through negotiation without a trial. But we prepare every case as though it will go to trial in Nassau or Suffolk County Supreme Court. That level of preparation is what pushes insurers to make fair offers. If the insurance company refuses a reasonable settlement, we are ready to take the case before a jury.

How long do I have to file a car accident lawsuit in New York?

Under CPLR Section 214, you generally have three years from the accident date to file a car accident lawsuit. Wrongful death claims have a two-year deadline under EPTL Section 5-4.1. Claims against government entities (county buses, municipal vehicles, road defects) require a notice of claim within 90 days. Missing any of these deadlines can permanently bar your claim.

The sooner you contact an attorney, the more time we have to investigate and build your case.

What should I do immediately after a car accident on Long Island?

Stay at the scene and call 911 if anyone is hurt. Exchange names, license plates, phone numbers, and insurance information with all involved drivers. Take photos of vehicle damage, the intersection or road, traffic signs, and any visible injuries. Get contact information from witnesses. Seek medical attention within 24 hours even if you feel fine — some injuries take days to present symptoms. File a no-fault application with your insurer within 30 days. Do not give a recorded statement to the other driver's insurance company without speaking to an attorney first.

Can I recover compensation if I was partially at fault for the accident?

Yes. New York follows a pure comparative negligence rule under CPLR Section 1411. You can recover damages even if you were partially responsible. Your award is reduced by your percentage of fault — so if you are found 25% at fault and your damages total $200,000, you would recover $150,000. Insurance companies routinely try to inflate your share of blame to reduce payouts. An experienced attorney can gather evidence to minimize your assigned fault.

What damages can I recover in a Long Island car accident claim?

Economic damages include medical bills (current and future), lost wages, reduced earning capacity, and out-of-pocket expenses like transportation to medical appointments. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, surviving family members can seek funeral and burial costs, loss of financial support, and loss of companionship. We document every category of loss to pursue the full value of your claim.

How much does a Long Island car accident lawyer cost?

We handle car accident cases on a contingency fee basis. You pay no upfront fees and no hourly charges. Our fee is a percentage of the compensation we recover for you. If we don't win your case, you owe us nothing. The initial consultation is free.

Should I get a lawyer after a car accident on Long Island?

If you were injured, missed work, or an adjuster is asking for a recorded statement, it is prudent to get legal guidance before you commit your story to tape or sign releases.

Motor vehicle cases here routinely involve no-fault deadlines, serious injury threshold fights, UM/UIM coverage, and comparative fault arguments. A lawyer can coordinate insurer contact, preserve scene and witness evidence, and protect your leverage while you focus on care. Consultations with our firm are free, and you pay no attorney fee unless we recover compensation for you.

How long does it take to settle a car accident case on Long Island?

Most Long Island car accident cases settle within 12 to 24 months, though the timeline varies significantly. Simple cases with clear liability, moderate injuries, and cooperative insurers may resolve in 6 to 9 months. Cases involving disputed liability, severe injuries, government defendants, or trial preparation typically take 2 to 4 years. Several factors affect your timeline: how quickly you reach maximum medical improvement (we never recommend settling before then), how aggressively the insurance company disputes liability, whether the case proceeds through discovery and depositions, and the Nassau or Suffolk County court calendar if litigation is needed. No-fault claims can often be resolved separately and faster than the personal injury lawsuit. We keep clients informed throughout the process and never rush a settlement — the goal is the maximum recovery, not the fastest close.

What qualifies as a serious injury under New York Insurance Law Section 5102(d)?

New York's serious injury threshold under Insurance Law §5102(d) requires your injury to fall into at least one of these categories to pursue a pain-and-suffering lawsuit after a car accident: (1) a fracture; (2) loss of a fetus; (3) permanent loss of use of a body organ, member, function, or system; (4) permanent consequential limitation of use of a body organ or member; (5) significant limitation of use of a body function or system; or (6) a medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all daily activities for at least 90 of the first 180 days following the accident.

Common injuries that meet this threshold include herniated discs with documented radiculopathy, fractures of any bone, ACL and rotator cuff tears requiring surgery, and traumatic brain injuries with documented cognitive deficits. Soft tissue injuries without objective medical evidence (MRI, EMG) are frequently disputed by insurance carriers. Consistent medical treatment and thorough documentation from the first visit forward is critical to meeting this standard.

What is the legal definition of a car accident in New York?

Under New York law, a car accident — formally a motor vehicle accident or collision — occurs when a motor vehicle strikes another vehicle, pedestrian, cyclist, fixed object, or overturns, resulting in property damage, bodily injury, or death. New York Vehicle and Traffic Law Section 600 requires drivers involved in any accident causing injury or property damage to stop, exchange information, and report the incident.

For insurance and liability purposes, the critical legal distinction is whether negligence — a failure to exercise reasonable care while operating a vehicle — caused or contributed to the collision. Negligence can include speeding, distracted driving, failure to yield, running a red light, driving under the influence, or failing to maintain a safe following distance.

Under New York's no-fault system (Insurance Law Article 51), your own auto insurance covers initial medical expenses and lost wages regardless of fault, but recovering pain and suffering damages requires proving the other driver's negligence caused injuries meeting the serious injury threshold under Insurance Law Section 5102(d).

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

Reviewed & Verified By

Jason Tenenbaum, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

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