A New York car accident attorney near you helps you recover compensation after a crash by proving fault, documenting injuries, and dealing with the insurer on your behalf.
New York changed the rules for car accident lawsuits in 2026. Drivers used to sue for pain and suffering if an injury kept them from daily activities for 90 of the first 180 days after a crash. That category no longer exists for cases filed on or after May 26, 2026.
If your crash happened around that date, the category your injury falls under decides whether you can sue at all.
Sullivan & Galleshaw, LLP represents injured drivers, passengers, and pedestrians across Manhattan, Brooklyn, and Queens, and reviews new cases against the current version of the law rather than the one that applied a year ago.
Call (718) 843-0300 for a free case review before you accept a settlement offer based on the old rules.
Why a Car Accident Attorney at Sullivan & Galleshaw, LLP Reviews Your Case Differently
This firm’s attorneys have handled motor vehicle accident claims from both sides of the table. Several built their early careers defending insurance companies against the same categories of claims the firm now brings on behalf of injured drivers.
Jomarie Licata has handled motor vehicle accident claims at this firm since 2005, covering more than 15 years of case work specific to auto collisions, slip and fall matters, and construction accidents. She is admitted to practice in all New York State trial courts and the U.S. District Court for the Eastern District of New York.
James Galleshaw’s litigation background includes motor vehicle injury claims from the insurance defense side before he began representing injured drivers instead of the companies insuring them. Keith Sullivan’s own background at Wilson Elser included defending insurers against the same categories of claims this firm now brings on behalf of injured people.
Case Results That Match This Practice Area
Past results from our firm involving motor vehicle claims include the following:
- $1,800,000 for a mechanic hurt in an intersection collision, requiring neck fusion surgery.
- $1,400,000 for an 80-year-old moped rider forced off the road by a distracted driver.
- $1,200,000 for a motorcyclist struck by a delivery truck that failed to stop at a stop sign.
- $225,000 for a driver injured at a four-way intersection, involving a fractured finger and hairline kneecap fracture.
Past results do not guarantee an outcome in any new case. They show the range of injuries and settlement values this firm has handled in motor vehicle claims specifically.
What Changed in New York’s Serious Injury Law in 2026?
New York’s no-fault system still pays your own insurer for medical bills and lost wages up to $50,000, regardless of fault, under Insurance Law Article 51. That part of the system has not changed.
What changed is the path to suing the at-fault driver for pain and suffering. Insurance Law § 5102(d) used to list nine categories of serious injury. As of May 26, 2026, the legislature removed the 90/180-day category from that list.
| Before May 26, 2026 | On or After May 26, 2026 | |
|---|---|---|
| 90/180-day category | Available for non-permanent injuries limiting daily activity | Removed |
| Comparative fault | Pure comparative negligence applied | Drivers found more than 50% at fault are barred from non-economic damages in motor vehicle cases |
| Non-economic damages cap | No specific auto-case cap | $100,000 cap applies to certain at-fault drivers, including uninsured or impaired drivers |
| Basic no-fault benefits | $50,000 first-party coverage | Unchanged |
The remaining categories, including fracture, significant disfigurement, and permanent limitation of use, still apply. A soft-tissue injury that would have qualified under the old 90/180 rule now needs to fit one of the remaining categories, which typically requires objective medical evidence rather than a description of missed daily activities.
What Types of Car Accidents Do We Handle in New York City?
New York City traffic produces a wide range of collision types, and each one raises different questions about fault and evidence.
Rear-End Collisions
Rear-end crashes are common in stop-and-go city traffic. They frequently cause whiplash and spinal injuries that do not show up on X-rays taken the same day.
T-Bone and Intersection Crashes
Side-impact crashes at intersections tend to cause more severe injuries than front or rear impacts, since the door and frame offer less protection. Broken ribs, punctured lungs, and head injuries are common outcomes.
Hit-and-Run Accidents
When police cannot locate the driver who fled the scene, a claim under your own Uninsured Motorist coverage becomes the primary path to compensation. Documentation from the scene matters more in these cases since there is no other driver to question.
Distracted Driving Accidents
Phone records and vehicle event data recorders are the evidence that typically proves distraction caused a crash. A driver looking at a phone for five seconds at 55 miles per hour travels roughly the length of a football field without watching the road.
Drunk and Drugged Driving Collisions
Impaired-driving cases sometimes support punitive damages in addition to compensatory damages, since the conduct involves a criminal violation on top of ordinary negligence.
SUV and Rollover Accidents
SUVs sit higher off the ground, which raises the center of gravity and increases rollover risk during sharp turns or side impacts. The size mismatch between an SUV and a smaller passenger vehicle also tends to shift injury severity onto the smaller vehicle’s occupants.
Rideshare and Taxi Collisions
A crash involving an Uber, Lyft, or taxi adds a layer of commercial insurance coverage on top of the driver’s personal policy. Which policy applies depends on whether the app was on, whether a passenger was in the car, and who caused the crash.
What Compensation Can You Recover After a Car Accident?
If your injury meets the serious injury threshold under the current statute, compensation categories may include the following:
- Past and future medical expenses, from the initial emergency room visit through anticipated future treatment.
- Lost wages for time missed from work, plus loss of future earning capacity for permanent injuries.
- Pain and suffering, subject to the new $100,000 cap if the at-fault driver was uninsured or impaired.
- Loss of enjoyment of life, covering activities and hobbies you can no longer perform.
The amount available in any individual case depends on the injury, the insurance coverage involved, and which comparative-fault percentage a jury or insurer assigns to each driver.
What Should You Do in the First 30 Days After a Crash?
The first 30 days set the direction of your claim before most people realize how much is at stake.
- Call 911 and get medical treatment documented the same day, even if injuries seem minor at first.
- File a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if the crash caused an injury or more than $1,000 in property damage.
- Submit written notice of your no-fault claim within 30 days of the crash to preserve PIP benefits.
- Photograph vehicle damage, the scene, and visible injuries before evidence disappears.
- Avoid giving a recorded statement to any insurer, including your own, before speaking with an attorney.
Missing the 30-day no-fault notice deadline lets your own insurer deny the claim entirely, leaving you responsible for bills that PIP would otherwise have covered.
Find a Car Accident Attorney Near You in Manhattan, Brooklyn, or Queens
Sullivan & Galleshaw, LLP keeps offices in three boroughs so a consultation does not require crossing the city after a crash.
- Manhattan: 30 Wall Street, 8th Floor
- Brooklyn: 9322 3rd Avenue, Suite 402
- Queens: 108-15 Crossbay Boulevard
Crash patterns differ by borough. Queens sees a high volume of intersection collisions along Queens Boulevard and construction-zone crashes near Long Island City.
Brooklyn’s dense grid produces more T-bone and pedestrian-involved crashes at unsignaled intersections. Manhattan’s traffic mix adds taxis, rideshare vehicles, and delivery trucks to the equation on nearly every block.
Signs You Need to Call a Lawyer Before Responding to the Insurer
Some situations call for legal input before you say anything further to an adjuster:
- The insurer asks for a recorded statement within days of the crash.
- You receive a settlement offer before finishing medical treatment.
- The at-fault driver has no insurance or insufficient coverage.
- Your own no-fault claim gets denied or delayed past the 30-day window.
Any one of these situations changes how you should respond, and responding the wrong way can close off options you did not know you had.
Ask Sullivan & Galleshaw, LLP
Q: How do I find a car accident lawyer near me in NYC?
A: Sullivan & Galleshaw, LLP has offices in Manhattan, Brooklyn, and Queens, and offers free consultations by phone or in person. Calling any of the three office numbers connects you with an attorney regardless of which borough your crash happened in.
Q: Does the new 2026 law affect crashes that already happened?
A: The amendment applies to actions and proceedings commenced on or after May 26, 2026, based on the date the lawsuit is filed. An attorney reviewing your case confirms which version of the law applies to your specific filing date.
Q: What if the other driver has no insurance?
A: Your own policy’s Uninsured Motorist coverage typically becomes the source of compensation in that situation, subject to your policy’s coverage limits.
Q: Do I have a case if my injury doesn’t involve a broken bone?
A: Fractures are only one of several qualifying categories. Permanent limitation of use and significant limitation of use remain valid categories that do not require a fracture.
FAQ for Car Accident Attorneys Near Me
How much does a car accident lawyer cost in New York?
Most personal injury firms in New York, including this one, work on contingency, meaning no upfront fee and no payment unless the case results in a recovery.
How long do I have to file a car accident lawsuit in New York?
Three years from the date of the crash is the statute of limitations for a personal injury lawsuit, though claims against a government entity or the MTA carry a much shorter notice deadline, often 90 days.
Can I still sue if I was partly at fault for the crash?
Under the 2026 comparative-fault rule, a driver found more than 50% at fault is barred from recovering non-economic damages in a motor vehicle case, though economic damages rules differ.
Is a police report required to file an insurance claim?
Not always, but a police report strengthens the record of the crash. New York separately requires a driver-filed MV-104 report within 10 days for injury crashes or damage over $1,000.
Does no-fault cover a passenger in my car?
Yes, passengers are typically covered under the vehicle owner’s no-fault policy regardless of which vehicle they were riding in at the time of the crash.
Talk to a Car Accident Attorney in New York
The insurer reviewing your file already knows about the 2026 law change. Most injured drivers do not find out until an adjuster discusses it first, usually right before making a low offer.
Sullivan & Galleshaw, LLP reviews car accident claims across Manhattan, Brooklyn, and Queens at no upfront cost.
Call (718) 843-0300 to have an attorney check which serious injury category applies to your case before you sign anything.