Key Takeaways
- New York’s no-fault system pays basic medical bills and lost wages first, but a lawsuit against another driver usually requires a serious injury.
- Most car accident lawsuits in New York must be filed within three years, whereas claims involving city vehicles have shorter deadlines.
- Strong evidence, such as police reports, medical records, and video footage, helps determine liability.
Suing after a car accident in Brooklyn starts with a no-fault claim through the injured person’s own insurance, which covers basic medical bills and lost wages. A lawsuit against the other driver becomes possible only when the injury meets New York’s serious injury standard. From there, Brooklyn car accident lawyers gather evidence, file within the three-year deadline or sooner when a city vehicle is involved, and move the case toward settlement or trial.
Why Brooklyn Crashes Often Lead to Lawsuits
According to the New York City Department of Transportation, more than 47,500 people suffered injuries in traffic crashes across the city in 2025. Many Brooklyn crashes end in lawsuits because the injuries cost more than our state’s no-fault insurance pays claimants.
What Makes Suing After a Crash in New York Different?
Since New York is a no-fault state, an injured person’s own auto insurance pays the first bills. That handles medical costs and some lost wages up to $50,000, regardless of who caused the crash; the application must be filed within 30 days. Although no-fault helps quickly, it does not pay for pain and suffering, so a lawsuit often fills that gap.
When Can a Person Sue the Other Driver?
Stepping outside the no-fault system requires a serious injury under New York Insurance Law. Qualifying injuries include broken bones, significant disfigurement, loss of a body function, or an injury that blocks normal activities for 90 of the first 180 days. Medical records carry great weight here, since insurance companies often argue that an injury falls short of this standard.
What Should Happen in the First Days After a Crash?
Prompt medical care matters because doctors create records that link injuries to the collision. Drivers must also report any crash involving an injury to the DMV within 10 days. Saving receipts, notes about missed work, and keeping a simple pain journal gives the case more proof of how the injury affects everyday life; we also recommend contacting our Brooklyn car accident lawyers as soon as possible.
How Long Does Someone Have to File a Lawsuit?
Most car accident lawsuits in New York must be filed within three years of the crash. The rules change when a city vehicle, such as an MTA bus, causes the collision. In those cases, a notice of claim usually must be filed within 90 days, and the lawsuit typically follows within one year and 90 days.
What Happens After the Lawsuit Is Filed?
Larger injury cases from the borough go to the Kings County Supreme Court at 360 Adams Street in Downtown Brooklyn. Both sides then exchange records and take sworn testimony during a stage called discovery. Many cases settle before trial, although some go before a jury that decides fault and damages.
Frequently Asked Questions
Can someone sue if they were partly at fault for the crash?
Yes, New York allows a person who is partly to blame for a crash to still recover money. The court reduces the financial award by that person’s share of fault.
What damages can be recovered in a car accident lawsuit?
A lawsuit can seek money for medical bills, lost income that no-fault does not cover, and pain and suffering.
Does a person have to go to court to get paid?
Most car accident cases settle through negotiation without a trial. However, a case prepared thoroughly for court often leads to stronger settlement offers.
Brooklyn Car Accident Lawyers at Rubenstein & Rynecki Take Legal Claims From the Crash Scene to the Courtroom
For more information about pursuing a potential lawsuit after a crash, contact the Brooklyn car accident lawyers at Rubenstein & Rynecki. Our trusted legal team will investigate your accident and fight to secure full compensation. Call 718-522-1020 or complete the online contact form for a free consultation. With offices located in Brooklyn, we proudly serve all clients throughout New York City.
