After a crash in New York, call a lawyer who regularly handles motor vehicle cases, whatever the title on the website. A lawsuit over crash injuries is an action to recover damages for personal injury, so car accident work is part of personal injury work, but New York adds rules that apply only to injuries arising from the use or operation of a motor vehicle.
Key facts
- No-fault notice: written notice of the accident must go to the insurer as soon as reasonably practicable, and in no event more than 30 days after the accident, unless the injured person submits written proof giving clear and reasonable justification for the delay.
- Owner liability: under Vehicle and Traffic Law § 388(1), every owner of a vehicle used or operated in New York is liable for death or injuries resulting from negligence in its use or operation by anyone using or operating it with the owner's permission, express or implied.
- Deadline: under CPLR § 214(5), an action to recover damages for a personal injury must be commenced within three years, except as provided in CPLR §§ 214-b, 214-c, 214-i and 215; under General Municipal Law § 50-i(1), a personal injury action against a city, county, town, village, fire district or school district must be commenced within one year and ninety days after the event, and a notice of claim must first be served.
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How is a car accident claim different from other injury claims?
One key difference is the serious-injury threshold. In an action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in New York, Insurance Law § 5104(a) allows no recovery for non-economic loss except in the case of a serious injury. Insurance Law § 5102(d) defines a serious injury as a personal injury that results in death; dismemberment; significant disfigurement; a 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; or significant limitation of use of a body function or system.
What should you ask a lawyer about your crash?
Ask questions that test the lawyer's experience with these rules:
- Has written notice gone to the no-fault insurer, and if it is late, what proof of justification will be submitted?
- Which part of the serious-injury definition could my injury fall under, and what medical records will show it?
- If the driver who hit me did not own the vehicle, will you look at a claim against the owner?
- When does my deadline to sue run out, and could any exception change it?
Frequently asked questions
Can a lawyer say they are a certified specialist?
Only in limited cases. Under Rule 7.1(c) of New York's Rules of Professional Conduct, as amended effective June 1, 2026, a lawyer may not state or imply being certified as a specialist in a particular field of law unless the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory, or that has been accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.
Does the serious-injury threshold apply if a car hit you while you were walking?
It can. Insurance Law § 5102(j) defines a covered person as "any pedestrian injured through the use or operation of, or any owner, operator or occupant of, a motor vehicle which has in effect the financial security required by article six or eight of the vehicle and traffic law or which is referred to in subdivision two of section three hundred twenty-one of such law; or any other person entitled to first party benefits."
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. The initial case consultation is free, and the firm can be reached at (844) 444-4444.
Related reading from William Mattar
- What It Means That William Mattar, P.C. Handles Only Motor Vehicle Accident Cases
- How to Choose a Car Accident Lawyer in New York: 7 Questions to Ask
- What Do Car Accident Lawyers Do?
Sources
- 11 NYCRR 65-1.1 (Regulation 68, NYS Department of Financial Services): https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf
- New York Insurance Law § 5102: https://www.nysenate.gov/legislation/laws/ISC/5102
- New York Insurance Law § 5104: https://www.nysenate.gov/legislation/laws/ISC/5104
- New York Vehicle and Traffic Law § 388: https://www.nysenate.gov/legislation/laws/VAT/388
- CPLR § 214: https://www.nysenate.gov/legislation/laws/CVP/214
- New York General Municipal Law § 50-i: https://www.nysenate.gov/legislation/laws/GMU/50-I
- Joint Order of the Appellate Division amending the Rules of Professional Conduct, effective June 1, 2026: https://www.nycourts.gov/LegacyPDFS/rules/comments/orders/AdministrativeOrder-JointAppDivOrder-RulesOfProfessionalConduct-AttorneyAdvertising-052726f-r.pdf
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.