A fender bender on the BQE. A collision at the intersection by McGuinness Boulevard. Someone rear-ended you on Atlantic Avenue during rush hour. You exchange information, you go on your way — and three weeks later, the back pain doesn’t go away, and it turns out the insurer wants to pay you pennies. How do we know? Because that’s how most of our clients’ cases start.
The no-fault system in New York — what it means for you
New York is a no-fault state, which means that after a car accident, your own insurance (PIP — Personal Injury Protection) covers initial medical expenses and lost wages — regardless of who caused the collision. The basic limit is $50,000.
And here is the catch: no-fault does not mean you cannot sue the at-fault party. If your injuries exceed the “serious injury threshold” — broken bones, permanent limitation of motion, brain injury, scarring — you have the right to a civil lawsuit for full compensation, including for pain and suffering.
Deadlines you must know
30 days — that’s how long you have to file a no-fault claim with your insurer. Miss the deadline? You lose the right to have medical expenses covered by PIP.
3 years — the statute of limitations for filing a civil lawsuit against the person who caused the accident. But be careful: if the accident was caused by a vehicle belonging to the city, the MTA, or another government agency, you have only 90 days to file a Notice of Claim. Ninety days — not three years. Many people miss this deadline because they don’t even know about it.
Check the Kaminski law firm’s profile in the PolishPages directory
What NOT to do after an accident
Don’t say “I’m fine” at the scene — adrenaline masks pain. Don’t sign a settlement with the other party’s insurer without consulting an attorney. Don’t post gym photos on Facebook the day after the accident — insurers check social media. And don’t wait weeks to see a doctor — a gap in medical documentation is an argument for the insurer that the injury wasn’t serious.
What to look for when choosing a car accident attorney
- Knowledge of the no-fault system and serious injury thresholds — the attorney must know when a case qualifies for a civil lawsuit. A misjudged threshold = lost compensation.
- Experience with settlements and trials — insurers propose low settlements, hoping you will accept them. An attorney with trial experience has negotiation power because the insurance company knows they can go to court.
- Service in Polish from the first phone call — describing pain symptoms, accident circumstances, conversations with doctors — all of this must be precise. The language barrier costs money.
- Post-accident duty — accidents don’t happen from 9 to 5. A law firm available 24/7 is a firm that takes your case seriously from the first minute.
The Kaminski law firm meets these criteria — check the profile in the directory.
Don’t let the insurer decide what your case is worth. Call for a free consultation: 718-389-0450.
