Car Accidents

Recovering Compensation After a Car Accident

If you’ve been injured in a car accident, you’re likely facing a wave of questions about your health, your finances, and your future. At Griss Law Group, we’re here to simplify the process and fight for the compensation you deserve so you can focus on getting better.

Understanding Insurance and Your Options

New York’s no-fault insurance system means that, in most cases, your own Personal Injury Protection (PIP) coverage is your first safety net. This type of insurance typically covers up to $50,000 of your accident-related expenses, including:

• Medical bills
• Some lost wages due to missed work
• Certain out-of-pocket costs, like transportation to appointments or medications

However, when your injuries are more serious—think severe fractures, major disfigurements, or other life-changing conditions—you may be eligible to step outside the no-fault system and file what’s known as a tort claim against the at-fault driver.

Serious Injury Threshold: When Can You Sue?

New York law only allows you to pursue a claim against the responsible driver if your injuries meet certain criteria. You might have a right to additional compensation if you’ve suffered from:

• Death of a loved one
• Dismemberment or loss of limb
• Fractures or broken bones
• Permanent loss or limitation of an organ or body part
• Significant or permanent disfigurement
• Other serious physical or functional limitations that disrupt your daily life

Filing a claim beyond your no-fault benefits lets you seek damages for pain and suffering, loss of enjoyment of life, and other impacts that insurance doesn’t always cover.

Overcoming Insurance Challenges

Insurance companies are not on your side—they have teams whose job is to minimize payouts. They may challenge the severity of your injuries, blame you for the accident, or dispute the value of your claim. This is where a strong legal advocate becomes your most powerful resource.

At Griss Law Group, we take on the burden of dealing with the insurance companies. We assemble a clear and persuasive case showing:

• The extent and impact of your injuries
• The negligence of the at-fault party
• The full scope of your financial and non-financial losses

Our job is to ensure you are not left alone to navigate a complex system while you’re healing. We handle the legal legwork—negotiating settlements, gathering evidence, and, if necessary, fighting in court—so you can focus on your recovery.

With the right support, you can maximize your compensation and protect your future after a car accident.

12 Steps to follow at a car accident scene

Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:

Assess the situation. You may be involved in an accident that requires you to pull over to the side of the road, if your vehicle is in the proper condition to move, so that you’re in a safer location and minimize the risk of being in another accident.

Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.

It’s also important to recognize that even if you’re able to walk away from the accident scene, some injuries may not manifest right away. In New York, your ability to bring a negligence lawsuit depends on the seriousness of your injuries. The law sets out specific thresholds for what counts as a “serious injury,” including:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• 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
• Medically determined injury or impairment of a non-permanent nature that prevents you from performing substantially all of your usual and customary daily activities for at least 90 days out of the 180 days immediately following the accident

Having documentation from a medical professional is essential not only for your health, but also to support your legal claims later on. Don’t downplay your symptoms, and don’t delay getting checked out—even seemingly minor aches or pains can develop into more serious problems over time.

Obtain the information for all the vehicles involved including:

• License plate number
• Driver’s license of the operator
• Vehicle registration
• Insurance information
• Year, make, model, and color of the vehicles involved

Take photographs of the accident scene and the vehicles involved in the accident

Report the accident to your insurance company.

Who will pay for my medical treatment?

With the current state of the healthcare system as an injured individual you need to make sure you have insurance coverage so as not to fall into tremendous medical debt. It is important to have your medical benefits opened within thirty (30) days of your accident. New York State requires motor vehicles to carry $50,000 in PIP (Personal Injury Protection) coverage. Also known as No-Fault, the insurance policy of the vehicle you are occupying is where your coverage for your medical treatment will come from. There are policies that have APIP (Additional Personal Injury Protection) which goes beyond the mandatory $50,000 coverage but may become a lien against your recovery.

There are policies that have APIP (Additional Personal Injury Protection) which goes beyond the mandatory $50,000 coverage but may become a lien against your recovery. You need a knowledgeable law firm to make sure the proper paperwork is filed with the insurance company so that you are afforded medical benefits. As an injured person with all the hardships that come with it, you shouldn’t have to worry about how your medical bills are being covered.

Who will cover my lost wages?

Car accidents can cause injuries that may cause you to miss time from work. You’ve already suffered physical trauma, now you have to deal with the financial hardship of not being able to work. You need a law firm that has the knowledge to file the proper paperwork with your No-Fault carrier in order to obtain list wages. Additionally, you need a law firm that will help you with the supporting medical documentation you need to provide the No-Fault carrier. It is crucial that you as an injured person obtain all the benefits afforded to you to make your life easier during this hardship.

What happens if there is a question of who’s responsible for the accident?

Unfortunately, car accident victims are under the impression that if there is a question of who is responsible or if the adverse vehicle is not 100% responsible, they cannot recover.  New York is a comparative negligence state. That means that a car accident victim can recover even if the other vehicle isn’t 100% responsible. There are a wide variety of reasons an accident happens. In 2020 according to NYPD TrafficStat the most common reason for an accident was driver inattention/distraction. Following driver inattention/distraction the next most common reasons were drivers following too closely, failure to yield right-of-way, improper passing or lane usage, passing too closely, backing unsafely, unsafe lane change, unsafe speed, driver inexperience and other. You need a law firm that will fight for you and do everything possible to hold the other vehicle or vehicles responsible for the accident. Determining who’s at fault is an important part of the process in order to make sure you receive the most compensation for your injuries.

What qualifies as a “serious injury” under New York law for filing a tort claim?

Not all injuries from a car accident allow you to bring a lawsuit for pain and suffering in New York. Thanks to the state’s No-Fault law, your basic medical bills and lost wages are covered up to $50,000 by the insurance of the car you were in, regardless of who caused the crash. But when it comes to recovering additional compensation—especially for your pain and suffering or other damages—New York law requires that your injury meets the definition of a “serious injury.”

So what does New York consider “serious”? Here are the main criteria you need to know:

• Death
• Dismemberment
• Significant disfigurement (such as visible scars)
• Fracture (any type of broken bone)
• 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
• Non-permanent impairment that a doctor determines prevents you from performing your normal daily activities for at least 90 days out of the first 180 days after the accident

Insurance companies will often question whether your injuries are “serious” under this law. This is just one of many reasons why having a law firm that understands the details and pitfalls of New York’s accident and injury laws is critical. Your attorney will work with your doctors to make sure your medical records and reports document the extent of your injuries, so you can stand up to the insurance carrier’s attempts to downplay your pain or minimize your losses.

Knowing what qualifies as a “serious injury” is essential before moving forward with a claim for additional damages after a crash.

What must a car accident victim prove to succeed in a negligence lawsuit?

To move forward with a negligence lawsuit after a car accident, you must meet specific legal requirements in New York. Not every injury will qualify—there are strict standards that define who can pursue a claim for damages beyond basic No-Fault coverage.

First, you must demonstrate that you sustained a “serious injury” under New York law. Serious injuries include:

• Wrongful death
• Dismemberment or significant disfigurement
• Bone fractures
• Loss of a fetus
• Permanent loss or significant limitation of use of a body organ, member, function, or system
• A medically certified injury or impairment that keeps you from performing your normal daily activities for at least 90 out of the 180 days immediately following the accident

If your injuries fall within these categories, the next step is showing that the other driver’s negligence was responsible for your damages. This means collecting evidence to establish fault, such as police reports, witness statements, and photographs from the accident scene. Ultimately, you’ll need to prove both the severity of your injuries and that another’s carelessness directly caused them, so you receive the compensation you deserve.

How long do I have to bring a claim or lawsuit?

Time limits are crucial when determining a motor vehicle claim. A car accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. The longer you wait, the harder it may become to recollect the accident. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting. It’s important to consult an experienced well-versed attorney as soon as possible.

What are policy limits when it comes to motor vehicle accidents?

An important aspect of a motor vehicle accident are the policy limits. In New York State the minimum policy is $25,000/$50,000. That means that the vehicle carries a $25,000 limit per person per accident and $50,000 maximum per occurrence. Essentially one person cannot recover more than $25,000 per accident and two or more people cannot recover more than $50,000 under that policy. Despite $25,000/$50,000 being the state minimum, vehicles can carry larger policies. It is important to retain an attorney that is well versed in the intricacies of insurance policy limits.

Is UM/UIM coverage applicable in my case?

Uninsured or Underinsured motorist coverage may be applicable in your case depending on the policy limits of the at fault vehicle and the policy limits of the vehicle you are occupying. If the UM/UIM limit is higher than the at fault vehicle and the at fault vehicle pays out and/or tenders their policy you may be able to recover additional compensation from your UM/UIM provision. Your UM/UIM provision is a way in which you can protect yourself when in an accident with a vehicle that carries a minimum policy. It is crucial to have your declaration page of your vehicle policy when meeting with your attorney so that they can have a better understanding of the available insurance.

Multilingual Legal Services Available

We know how important it is to communicate clearly and comfortably when dealing with a car accident claim. That’s why our legal team offers assistance in several languages, including Russian, Spanish, Italian, and Portuguese. Whether you’re most comfortable speaking English or another language, we make sure you can understand every step of your case and get the dedicated support you need. 

Why Choose Griss Law Group?

• Brooklyn-Based, NYC Focused: We know the borough—the traffic, the courts, the neighborhoods.
• No Fee Unless We Win: You pay nothing unless we secure compensation for you.
• Multilingual Support: Legal help available in English, Russian, Spanish, Italian, and Portuguese.
• Compassionate, Aggressive Representation: We fight for every dollar you deserve.
• Personalized Attention: Direct access to attorneys, not just case managers.

What to Do After a Car Accident in NYC

1. Move to Safety: If possible, pull over and stay out of traffic.
2. Call 911: Get police and EMS on the scene—even if you feel okay.
3. Get Medical Evaluation: Some injuries aren’t obvious at first. Document everything.
4. Exchange Information: Get license, registration, and insurance details from all involved drivers.
5. Take Photos: Capture vehicle damage, street signs, and injuries.
6. Report to Your Insurance: Notify your insurer as soon as possible.
7. Contact Griss Law Group: We’ll guide you through every next step.

Your Rights & Compensation

New York’s No-Fault System: Your own insurance covers medical bills and lost wages, up to $50,000, regardless of fault.

Serious Injuries: If you suffered a fracture, disfigurement, or other major injury, you may be able to sue the at-fault driver for additional compensation—including pain and suffering.

Lost Wages & Medical Bills: We ensure all paperwork is filed correctly so you get every benefit you’re entitled to.

Not Sure Who’s at Fault? New York’s comparative negligence law means you might recover damages even if you were partly responsible. Don’t assume you’re out of options—let us investigate.

Uninsured or Underinsured Driver? We’ll review your policy to pursue every available source of compensation.

Deadlines Matter: Don’t Wait!

• You have 3 years to file a lawsuit after a car accident in New York. But waiting can hurt your case—witnesses forget, evidence disappears. Contact us now to protect your rights.