Queens is one of the five boroughs of New York City. Like the other boroughs, Queens is practically a city in its own right. Traffic is constant and often heavy, and accidents are frequent. If you or someone you know is hurt in a car accident, call a lawyer for help right away.
You may file a lawsuit after a car accident, but only if certain conditions are met. First, our legal team can help you navigate no-fault insurance claims and exhaust your insurance options. If you still have damages to cover, we may prepare a lawsuit if we can show the court that you experienced a “serious injury” as described by New York law. To substantiate your claims, we need as much evidence about your injuries and the accident as possible.
Speak to our car accident attorneys at The Martello Law Firm by calling (914) 685-6950 and get a private case review at no charge.
Can I File a Lawsuit After a Car Accident in Queens?
You may file a lawsuit for a car accident, but you must demonstrate that your case meets specific legal criteria first.
No-Fault Insurance Laws
Before we file a lawsuit, we likely need to exhaust your insurance options, which may mean filing a claim with your PIP coverage.
New York law requires drivers to carry no-fault insurance called personal injury protection (PIP) insurance. After an accident, you may file a first-party claim with your PIP coverage, and there is no requirement to prove who caused the accident.
“Serious Injury” Requirement
When we file your car accident lawsuit, we must show the court that you have a “serious injury.” Fortunately, the law explains exactly what constitutes a serious injury. You must show that your injuries include at least one of the following:
- Fractures
- Loss of a fetus
- Loss or permanent limitation of bodily functions or systems
- Dismemberment
- Significant Disfigurement
- Death
- A non-permanent, medially determined injury that substantially interferes with your ability to perform normal daily tasks for no less than 90 days during the 180-day period following the accident
Filing a Lawsuit
To file your lawsuit, our car accident attorneys will compile information about your accident in a formal complaint. The complaint must explain in significant detail how the accident happened, who we believe is responsible, what your damages are worth, and what evidence we have showing that you have a valid cause of action.
What Proof or Evidence is Required in Car Accident Cases?
Evidence is unique in each case, but some common pieces of evidence you should discuss with your lawyer tend to come up in multiple cases.
Medical Records
We must prove the extent of your bodily injuries in your car accident lawsuit. To do so, we may need copies of your medical records related to your treatment. We should request copies of these records from your treating physicians as soon as possible, as they may take time to compile.
Records of Monetary Expenses
We must also prove how much money you lost as a direct result of the car accident. This may include medical expenses, vehicle repairs, and various other costs you incur along the way. Records of expenses, including receipts, invoices, and credit card or bank statements, may be necessary.
Videos and Photos
You may have recorded the accident scene yourself using your cell phone or a dashcam in your vehicle. Security cameras in the area may have recorded the accident. If we can obtain copies of these recordings, your claims may be much stronger.
Testimony
Witnesses are often regarded as the backbone of many civil cases. Eyewitnesses to the car accident, including other drivers and passengers, may testify about what they saw. The more witnesses who can support your version of events, the better.
FAQs About Auto Accident Cases in Queens
How Do Car Accidents Happen in Queens?
Car accidents often occur due to negligent drivers. Driving while tired, distracted, or intoxicated is unfortunately common. Speed and road conditions may also be important factors. Often, a combination of factors contributes to an accident.
Do I Have to File an Insurance Claim After a Car Accident in Queens?
Usually, a first-party claim with your no-fault insurance coverage is the standard first course of action after an accident. If you are from a state where no-fault insurance is not required, or your no-fault insurance is exhausted, you can file a third-party claim with the other driver’s liability coverage.
Do I Need Evidence for a Car Accident Insurance Claim?
Yes. No-fault insurance claims usually do not require proof of fault, but you may still need evidence of your injuries and damages. Third-party claims with the other driver’s liability coverage will require proof of the other driver’s fault.
How Do I Sue Another Driver After an Accident?
After exhausting your insurance options, we can file a lawsuit against the other driver, but only if we can demonstrate to the court that you have a “serious injury.” This kind of injury is described under New York law, and your attorney can inform you of what you must prove.
Where Do I Find Evidence to Support My Car Accident Claims?
Evidence often comes directly from the accident scene. Photos taken by you or other drivers, security camera footage, dashcam videos, and eyewitness testimony may all be used as evidence.
Do Car Accident Lawsuits Take a Long Time?
Civil lawsuits often take time to complete, but the exact time varies based on the specific circumstances of each case. Many cases are completed in a few months. Others may take a year or longer. Strong evidence and cooperative parties may help expedite your case.
What Are My Car Accident Damages Worth?
Your damages may be worth significant compensation. Medical bills can be worth thousands or more, and vehicle repairs may be just as costly. Your non-economic damages (e.g., pain, suffering, distress) may be quite valuable as well, especially if they take a significant, long-term toll on your life.
When Should I Speak to a Lawyer About My Car Accident in Queens?
Speak to an attorney about your accident as soon as possible. According to the statute of limitations in New York, personal injury claims for things like car accidents must be filed no later than 3 years after the accident.
What Should I Do if the Other Driver Flees the Accident Scene?
Call the police and report the hit and run accident. The police may be able to act quickly and catch the other driver, so you can file an insurance claim or sue for damages. The other driver may also face serious criminal charges.
Can I Sue if I am Somewhat At Fault for a Car Accident?
Yes. In New York, you may still sue for damages even if you are partially to blame, but your overall damages may be reduced in proportion to your share of fault. For example, if you are 20% responsible for a car accident, your damages may be diminished by 20%.
Contact Our Queens Car Accident Lawyers to Discuss Your Case
Speak to our car accident attorneys at The Martello Law Firm by calling (914) 685-6950 and get a private case review at no charge.
