What is the Cost of Hiring a NY Car Accident Attorney?

We understand that costs are an important consideration when hiring a car accident lawyer to take up your case, but rest assured, getting the services of the best car accident lawyer in New York will not cost you an arm and a leg. 

At Gabriel Law, the initial consultation you have with our team is free of charge. You are free to come meet with us and tell us your story, and we will listen and express our view of your situation. If you like what you hear, you can retain us as your legal representatives. Since our lawyers handle cases on a contingency fee basis, we do not charge by the hour, instead we will take a percentage of the compensation you receive. This amount is usually ⅓ of your settlement. In simple terms, you don’t pay if you don’t win your case.

How to Choose the Best Car Accident Attorney in New York?

When choosing the best car accident attorney in New York to take up your case, experience is an important factor. Many lawyers claim to be “trial lawyers” but in reality have never actually stepped foot in a courtroom or have not gone to court as much as they claim. It is important that the other party, especially the insurance company, recognizes your lawyer's willingness to go to trial rather than trying to settle. 

Insurance companies will try their best to reduce your payout and do not want to take cases all the way to trial, and when you show that you are willing to do whatever it takes to secure the compensation you deserve, you can strengthen your negotiating position, and the insurance company is more likely to present a more favorable settlement, instead of the lowball offers that they typically present. 

When you choose Gabriel Law, you can benefit from our firm’s long-standing reputation of fierce advocacy and the securing of many noteworthy settlements. We have locked horns with insurance companies many times and know their playbooks like the back of our hands. When you bring your case to us, you will have our fullest attention, and we will serve as your sword and shield, gathering evidence, building cases, protecting you from insurance company tactics, and ultimately helping you move on from the accident with the compensation you deserve.

When Do You Need a Lawyer After a Car Accident?

When you’ve been injured in a car accident, and the medical bills, lost income, and other expenses soon start to pile up, you would undoubtedly want to get compensation for the damages. But, like we said before, claiming compensation for your damages is easier said than done. 

You might think that you will be able to figure out everything by yourself, but in reality, trying to navigate New York’s complex insurance and legal processes without the help of the best car accident attorney in New York can be exhausting, confusing, and overwhelming. When you hire a car accident lawyer in NYC, they will: 

• Provide legal guidance and set realistic expectations on the compensation you can claim. 
• Gather the relevant evidence and conduct in-depth investigation to determine the cause and fault in an accident. 
• Take care of all the paperwork and legal filings in a timely manner. 
• Determine a monetary value for the injuries you’ve suffered by taking into account both economic and non-economic damages that resulted from the accident. 
• Handle negotiations with insurance companies and work towards achieving a full and fair settlement.
• If the need arises, act as your representative in court and fight to secure the best possible settlement. 
• Lift a great burden off your shoulders so that you can have peace of mind and fully focus on your recovery.

How Will I Be Compensated in a Car Accident Case?

One of the most important tasks performed by our lawyers in your car accident case is calculating the value of the damages you have suffered. We do this by looking at all the economic and non-economic damages you’ve suffered.

Economic damages are the damages that have a defined financial value, and they include things like medical costs, lost wages, and other expenses connected with the accident, such as transport costs. Non-economic damages are the damages that do not have a defined financial value and are determined on a case-by-case basis. Some of the most common non-economic damages considered include pain and suffering, mental distress, loss of earning potential, loss of enjoyment of life, and loss of consortium.

We start the compensation process with the insurance company. Since New York is a no-fault state, you are allowed to claim compensation for medical expenses and lost income through your Personal Injury Protection (PIP) coverage, regardless of your fault in the accident. However, your PIP insurance has a limit of $50,000 and does not cover non-economic damages. Depending on the circumstances, you can also claim compensation from the other person’s liability insurance or your uninsured motorist (UM) coverage.

Do Car Accident Claims in New York Always Result in Litigation?

No, car accident claims do not always result in litigation. In fact, most car accident claims are resolved before they ever come to the litigation phase. In New York, there are two main types of lawsuits you may file in connection with car accident cases—personal injury and wrongful death. 

According to Article 51 of New York Insurance Law, a person is only allowed to file a personal injury lawsuit to claim compensation for non-economic damages if they can show that they have suffered a “serious injury” in accordance with Article 5102 (d) of New York Insurance Law, or if the basic economic damage they have suffered exceeds $50,000. 

On the other hand, if the car accident resulted in a death, the personal representative of the deceased’s estate can file a wrongful death lawsuit and claim compensation on behalf of the deceased.

What Are the Most Common Causes of Car Accidents in NYC?

Car accidents are often the result of driver negligence, weather, or mechanical issues. These usually take the form of: 

• Distracted driving/driver inattention
• Excessive speeding 
• Drunk driving 
• Tailgating
• Failing to yield the right of way
• Improper turns
• Road rage or reckless driving
• Disregard for traffic signs and signals
• Road defects
• Poor weather conditions
• Manufacturing defects and maintenance issues

What Happens if the At-Fault Driver Doesn’t Have Enough Insurance to Cover My Damages?

While all drivers in New York are legally required to have at least the minimum auto insurance coverage, there is always the possibility that your car accident involves a driver that is underinsured or not insured at all. While the prospects of claiming compensation from the at-fault driver may seem bleak, there are ways for you to recover compensation for all the damages suffered.

Normally, we would try to claim compensation for damages from the at-fault driver’s liability insurance. However, if the driver does not have proper liability insurance, you can ask your insurance to cover medical expenses, lost wages, and other related expenses via your Personal Injury Protection (PIP) coverage. If the at-fault driver is classified as an uninsured motorist, your Uninsured Motorist (UM) coverage should kick in to cover the damages. 

You can also file legal action against the at-fault driver. However, you have to take a careful look at the at-fault driver's financial status before you decide to sue. Even if you receive a judgment in your favor, if the at-fault driver does not have the financial means to pay out the compensation, you will find yourself in a position where you have spent more than you have ever gained. 

Whatever your choice may be, the team at Gabriel Law has a lot of experience handling cases involving underinsured and uninsured motorists, and we will rely on our skills, experience, and proven legal tactics to get you the compensation you deserve. 

What Happens to Your Compensation When You Are Partially to Blame for the Accident?

As car accident lawyers, we sometimes come across cases where both or multiple parties involved in the car accident share some degree of the blame. In such situations, the law emphasizes that you cannot benefit or profit from your wrongdoing, and any compensation you are entitled to as a result of the accident will be reduced to reflect the extent of the blame you share in the accident. In New York, this legal principle is enforced through the pure comparative negligence rule. 

For example, consider a car accident between riders ‘A’ and ‘B.’. When the accident occurred, ‘A’ was speeding down the road to run a red light, and ‘B’ was texting while driving. According to the investigation, ‘A’ is 60% to blame for the accident, while ‘B’ is 40% responsible for the accident. If both parties are claiming $100,000 in compensation, both parties will have their compensation reduced. In the end, ‘A’ would only be able to walk away with $40,000, and ‘B’ would only be able to claim $60,000. 

An important point to note is that, under the pure comparative negligence rule, you are still allowed to claim compensation for damages, even if you bear primary responsibility for the accident. This is in contrast to the modified comparative negligence rule adopted in some states, where you will lose the right to claim compensation if you are more than 50% responsible for the accident.   

What is the statute of limitations in New York car accident cases?

The statute of limitations is the deadline before which a claimant must file their case in court. If a person fails to file their case before the statute of limitation passes, they will lose their legal right to claim compensation, regardless of the merit of their case. 

In New York, if you are filing a personal injury lawsuit against the at-fault driver, it must be filed within three (03) years from the date of the accident. On the other hand, if you are filing a wrongful death lawsuit, it must be done within two (02) years from the date of the death of the deceased. 

However, you must also keep in mind that the statute of limitations can be extended or decreased based on the circumstances of the case. The pausing or stopping of the clock with regard to the statute of limitations is known as ‘tolling,” and it can occur when it involves: 

• Minority—The statute of limitations will not start until the person reaches 18 years. 
• Incapacity—If a person is mentally or physically incapacitated, the statute of limitations will not run until the person regains capacity. 
• Defendant’s absence—The clock will not run if the defendant is in prison or absent from New York. 
• Discovery rule—For specific types of claims, such as medical malpractice, the clock will not run until the injury is discovered or could have been reasonably discovered. 

Another important thing to note is that the rules are slightly different when suing the government. Instead of going straight to court, the injured party has 90 days from the date of the accident to file a Notice of Claims with the appropriate entity to demonstrate their intention to take legal action. If you fail to file the Notice of Claim, your case can be automatically dismissed. 

After the notice is filed, you must allow the government entity sufficient time to respond, and if you are unable to reach a settlement, only then can you take the matter to court. You have to file your case within one year and ninety days from the date of the incident. 

Should I Choose a Car Accident Lawyer Near Me?

When looking for the best car accident attorney in New York, choosing based on proximity is not always the best choice. The lawyer you choose to represent your case has a lot to do, and here is what you need to consider when making your choice: 

• Expertise and specialization—Most law firms based in New York specialize in certain areas of law, and some may have more experience handling cases similar to yours. At Gabriel Law, we are a personal injury law firm, and we specialize in multiple areas of law, including car accidents, slip and fall cases, medical malpractice, etc. 
• Resources and infrastructure—When building your case, law firms will need to rely on a vast network of connections and extensive resources to manage your case, gather evidence, and work with experts to perform in-depth investigations. 
• Track record and reputation—The best car accident attorney in New York will have an established track record and a reputation for bringing about successful verdicts. The reputation can play a key role during negotiations and litigation, as opposing parties and judges will be familiar with your attorney and respect lawyers from well-known law firms. 
• Network and connections—Lawyers in larger cities will have an extensive network of professional connections that can be valuable in advocating for your case and gathering the additional resources needed to secure a favorable outcome. 

While these are important points to consider, you must also look into more practical factors such as communication preferences, your travel logistics, and how comfortable you are working with a particular attorney, regardless of the lawyer’s physical location. Ultimately, the balance of these considerations will ultimately reveal the best car accident attorney in New York to represent your case.  

What are Some Notable Results Obtained by Gabriel Law in Car Accident Cases?

From significant settlements to landmark judgements, we have worked tirelessly to secure some incredible results and amazing settlements. Let’s take a look back at some of the most notable victories we’ve achieved as the best car accident attorney in New York. 

• A $2,150,000 settlement for a 40-year-old male who was involved in a motor vehicle accident and suffered multiple injuries, including but not limited to knee(s), shoulder(s), and back.
• A $1,175,000 settlement for a 33-year-old female who was injured in a motor vehicle accident where the driver lost control of the vehicle. She suffered fractures in the tibia and fibula. 
• A $1,450,000 settlement for a 52-year-old male involved in a rear-end collision where he suffered severe back injuries, which required a lumbar fusion. 
• A $1,450,000 settlement for a 34-year-old male who suffered severe back injuries in a motor vehicle accident, which required a lumbar fusion. 
• $1,000,000 for a 33-year-old claimant that was seriously injured in a rear-end motor vehicle collision. 
• $1,000,000 for a 34-year-old victim that suffered severe back injuries, which eventually required a lumbar fusion. 
• A $900,000 settlement for a 58-year-old male that suffered severe spinal injuries in a rear-end accident. 
• A $900,000 settlement for a 46-year-old individual who was injured in a motor vehicle accident and suffered extensive spinal injuries.   

2025 New York Motor Vehicle Accident Statistics

Here are some key statistics we took from the most recent NYPD motor vehicle collision report for the city of New York (September 2025): 

• September 2025 saw 7385 motor vehicle accidents in the city of New York. 
• These accidents have resulted in 21 fatalities (11 motorists, 1 passenger, 2 cyclists, and 7 pedestrians). 
• When categorizing vehicles by type, passenger vehicles showed the highest involvement in accidents (5539), with sports utility/station wagons taking second place (4268). 
• According to the data, distracted driving was the most common contributing factor to accidents, resulting in 2063 accidents. 
• 516 accidents were the result of tailgating, while failing to yield the right-of-way was the contributing factor to 491 accidents. 
• At the same time, 330 and 316 accidents were caused by improper lane usage and unsafe speeding, respectively. 
• Furthermore, driving under the influence, disregard of traffic control, and road rage contributed to 157, 205, and 73 accidents in NYC in September 2025.

What Should I Do Immediately After a Car Accident? 

Remain at the scene, but move to a safe location if possible. 

When the accident occurs, remain at the scene until the police and first responders arrive. If your vehicle is still functioning, you can try to move to a different position so as to not cause a buildup of traffic. But if circumstances prevent you from moving the vehicle, leave it and get yourself to a safer location. Make sure you do not leave the scene of the accident, as it may be interpreted as a “hit-and-run,” exposing you to criminal charges and negatively impacting your compensation. 

Call 911 and report the accident. 

According to New York Law, you are legally required to report an accident to the police when it has caused the death or injury of a person or pet, or when the property damage from the accident exceeds $1000. However, there is no legal requirement to report on minor accidents. But, as a general rule of thumb, we advise that you report any type of accident to the police. The police report provides an unbiased third-party account of the aftermath of the accident, and it is a useful piece of evidence when proving fault and showing the extent of the damages suffered. 

Seek Immediate Medical Attention

No matter what, your health must be your number one priority. If you are injured in an accident, make sure to seek immediate medical attention from the first responders. If your wounds are serious and extensive, you will not be faulted for leaving the scene. Getting the medical attention you need will not only save your life but also prevent the opposing side from claiming that you made your damages worse by not getting proper medical attention on time. 

Gather Evidence and Exchange Contact Information 

As long as you are able to safely move around the site of the accident, make sure to photograph the scene and work with your attorney to gather the evidence you need to build a strong and compelling case. Also make sure to exchange the relevant contact, vehicle, and insurance information with the other driver involved in the accident. 

Consult Your Car Accident Lawyer in NYC

When it comes to navigating the insurance and legal complexities connected to car accidents in New York, contacting a car accident attorney is a must. With your attorney’s help, you will have a better understanding of your rights, liabilities, and obligations connected to the car accident and also know what to say and what not to say during negotiations and litigation. 

Inform Your Insurance Company About the Accident

The starting point for compensation is your insurance company. Make sure to inform your insurance company about the accident as soon as you are able to. While you have 30 days to do so, it is best to inform them within 24 - 48 hours after the accident. The sooner you get the ball rolling, the sooner you can put the accident behind you and move on. 

During your conversations with the insurance company, do not admit fault or apologize for the accident, do not speculate about facts and circumstances that are unknown to you, do not make any recorded statements about the details of your accident, and do not be hasty in accepting the initial settlement offer.