A New York car accident lawyer helps injured drivers and passengers seek compensation and address insurance claims. At The Buffalo Injury Law Firm, we serve clients across New York State with clear advice and preparation for trial.
Call 716-646-8412 for a free consultation. Our Buffalo office is at 1 Seneca St, Suite 29-M39, Buffalo, NY 14203.
How Can We Help After a Car Accident in New York?
When injuries keep you from working and bills begin arriving, you need to know what happens next. We explain which insurance benefits may be available, identify filing deadlines, and investigate who may be responsible for the collision.
Our New York car accident attorney reviews the evidence, documents your losses, and prepares accepted cases for litigation and trial when needed. Where the facts and coverage support it, we pursue payment of the available policy limits. The outcome depends on the evidence, applicable law, and available sources of recovery.
An insurer may agree to settle a claim. You decide whether to accept a settlement after discussing the terms with us. If an appropriate agreement cannot be reached, we can pursue the case in court.
What Can You Expect From Our Firm?
The Buffalo Injury Law Firm is led by attorney and founder Max Adler. Our Christian faith informs our commitment to service, integrity, and compassion. We welcome people of every background and approach each accepted case with care for the person behind it.
We explain decisions in plain language, keep you informed, and answer questions about your claim. Our role includes reviewing offers with you and explaining how fees, case expenses, and identified reimbursement obligations could affect the amount you receive.
How Do We Prepare a Case for Settlement or Trial?
After accepting a case, we request records, preserve available evidence, and review each potentially relevant insurance policy. Policy limits describe the insurer’s available coverage ceiling; the amount recoverable still depends on the claim and its supporting evidence.
We work to document both responsibility for the collision and the harm it caused. Where appropriate, that may involve medical opinions, financial records, or accident reconstruction. We present the supported claim and assess the insurer’s response with you. Preparing for court allows us to advise you about settlement from an informed position while preserving the option to litigate.
Where in New York State Do We Represent Car Accident Clients?
Our Buffalo car accident lawyer represents injured people throughout New York State, including large cities, smaller communities, and rural areas. Our statewide service area includes:
- Western New York: Buffalo, Niagara Falls, Jamestown, and surrounding communities.
- Rochester and the Finger Lakes: Rochester, Canandaigua, Geneva, Ithaca, and nearby areas.
- Central New York and the Mohawk Valley: Syracuse, Auburn, Utica, and Rome.
- The Capital Region and Hudson Valley: Albany, Schenectady, Troy, Saratoga Springs, Kingston, Poughkeepsie, White Plains, Yonkers, and New Rochelle.
- The Southern Tier and North Country: Binghamton, Elmira, Corning, Watertown, and Plattsburgh.
- New York City: Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
- Long Island: Communities throughout Nassau and Suffolk counties, including Long Beach and Glen Cove.
You can discuss your situation by phone or video. Our physical offices are in Buffalo and Hamburg, with visits by appointment. New York’s vehicle insurance laws apply statewide, while the proper court, defendant, and procedural requirements depend on the particular case.
What Types of Car Accident Injury Claims Do We Handle?
We review crashes involving injured drivers and passengers, including:
- Rear-end collisions and chain-reaction crashes.
- Intersection crashes, unsafe turns, and failures to yield.
- Head-on collisions, sideswipes, and rollovers.
- Collisions involving distraction, speeding, or alcohol or drug impairment.
- Hit-and-run crashes and uninsured or underinsured motorists.
- Accidents involving delivery vehicles, rideshare vehicles, trucks, and buses.
A New York auto accident lawyer assesses how the collision happened and which claims fit the evidence. Commercial vehicles, public buses, and rideshare vehicles can involve different insurance policies or notice requirements.
Who May Be Responsible Besides Another Driver?
Depending on the facts, a claim may involve a vehicle owner, an employer, a vehicle or component manufacturer, or an entity responsible for road maintenance. An owner’s permission to use a vehicle and a driver’s employment duties can affect responsibility.
Snow, ice, and poor visibility require attention to the driver’s conduct and surrounding conditions. Road-defect claims also require investigation into ownership, maintenance duties, and any applicable prior-written-notice requirements or exceptions. The presence of a pothole alone does not establish government liability.
What Should You Do After a Car Accident?
Call 911 if someone is injured or there is an immediate safety concern. Remain at the scene, follow emergency responders’ instructions, and obtain medical evaluation. Explain when your symptoms began and that they followed a motor vehicle collision.
If safe, photograph the vehicles, road markings, traffic signals, weather conditions, and damage. Exchange driver, vehicle, and insurance information. Keep witness contact details and the police report number.
Notify the relevant insurer promptly and save all claim correspondence. A phone report of the crash does not replace required written no-fault notice. Before giving a recorded statement to another driver’s insurer or signing a release, discuss the request with your attorney. Continue meeting valid duties under your own policy.
What Evidence Helps Establish Your Injury Claim?
Police reports, photographs, witness accounts, dashcam recordings, and surveillance footage can help explain what happened. We may seek vehicle records or accident reconstruction evidence when responsibility is disputed.
Medical records should explain your injuries and their connection to the crash. Treatment findings, work restrictions, employer records, receipts, and a supported prognosis help document the losses being claimed. Early evidence preservation matters because recordings can be overwritten and vehicles repaired.
Who Pays Medical Bills and Lost Wages Under New York No-Fault Insurance?
New York’s no-fault coverage, also called personal injury protection or PIP, pays certain accident-related expenses for eligible people regardless of fault. Basic coverage provides up to $50,000 per person in combined benefits, subject to eligibility rules, statutory limits, and policy terms.
Benefits may include necessary medical treatment, rehabilitation, part of your lost earnings, and certain other expenses. Basic wage benefits cover 80% of eligible lost earnings, up to $2,000 monthly for as long as three years, subject to applicable offsets and the remaining benefit limit.
For an ordinary passenger-car crash in New York, an injured occupant usually applies to the insurer of the vehicle they occupied. Different rules can apply to bus passengers, pedestrians, work-related crashes, and accidents outside the state. Motorcycle operators and passengers generally do not qualify for no-fault benefits.
Does No-Fault Cover Vehicle Repairs or Pain and Suffering?
No-fault benefits do not pay for vehicle damage or pain and suffering. Repairs may involve collision coverage or a property-damage claim against a responsible party. Additional PIP, health insurance, or a liability claim may become relevant when basic benefits are exhausted.
Our New York auto accident attorney reviews the coverage and explains the difference between benefit applications and claims against responsible parties.
When Can You Seek Pain and Suffering After a New York Car Crash?
In negligence claims between covered people governed by New York’s no-fault law, compensation for pain and suffering requires a qualifying serious injury. A claim for economic loss beyond basic economic loss may also be available, subject to the rules governing the case.
The current categories under Insurance Law Section 5102(d) are:
- Death.
- Dismemberment.
- Significant disfigurement.
- A fracture.
- Loss of a fetus.
- Permanent loss of use of an organ, member, bodily function, or system.
- Permanent consequential limitation in the use of an organ or member.
- Significant limitation in the use of a bodily function or system.
We review claims involving fractures, neck and back injuries, whiplash, concussions, spinal injuries, and other harm. A diagnosis alone may not establish the relevant category. Medical findings should support the restrictions claimed and connect them to the collision.
Does the Former 90/180-Day Category Still Apply?
New York removed that category for actions and proceedings commenced on or after May 26, 2026. Missing work or usual activities for 90 of the first 180 days does not, by itself, satisfy the revised definition. Earlier proceedings may be governed by the former law. The commencement date matters when identifying the applicable rules.
What Compensation Can a New York Car Accident Lawyer Pursue?
Depending on liability, injury evidence, and coverage, recoverable losses may include medical expenses beyond applicable benefits, supported future care, lost earnings, reduced earning capacity, rehabilitation, and necessary assistance. Pain and suffering may be recoverable when the legal requirements are met. Vehicle damage involves the appropriate property claim.
We consider how the injuries affect your employment and everyday activities, along with your treatment and prognosis. There is no dependable settlement amount based solely on the crash type or the size of a medical bill.
If a collision causes death, the estate’s representative may pursue wrongful-death and related claims. The available losses, legal standing, and deadlines require a separate assessment.
Can a Pre-Existing Injury Affect Your Claim?
A prior condition does not automatically prevent recovery for an accident-related aggravation. Medical evidence must explain what changed because of the crash and distinguish that harm from the earlier condition. Applicable serious-injury requirements still matter.
Tell your providers and attorney about earlier symptoms and treatment. Comparing records before and after the collision can help establish the additional harm being claimed.
Are There Special Limits on Pain and Suffering Damages?
Insurance Law Section 5104(d) limits pain and suffering damages to $100,000 in certain serious-injury actions involving an injured person who shares fault and is otherwise eligible to recover. The specified categories concern drivers responsible for insuring an uninsured vehicle; drivers operating while impaired who were convicted of that offense; and drivers who operated a vehicle while committing a felony, or immediately fleeing it, and were convicted of that felony.
The uninsured provision has an exception for a coverage lapse shorter than 30 days. The cap does not apply to injuries resulting in death. These amendments apply to proceedings commenced on or after May 26, 2026; their application requires review of the individual facts.
Can You Recover if You Were Partly at Fault?
For personal-injury actions subject to New York’s no-fault law and commenced on or after May 26, 2026, your fault bars recovery if it exceeds the defendant’s fault, or the combined fault of multiple defendants. Otherwise, your share of fault can proportionally reduce damages.
For example, a 20% share of fault would reduce an otherwise recoverable $100,000 award to $80,000 before other applicable deductions. An equal division of fault does not trigger the greater-than threshold, although a proportional reduction still applies.
Different comparative-fault rules can apply outside the no-fault law or to earlier proceedings. We assess the evidence rather than treating an insurer’s allegation as a final finding. Traffic signals, lane position, speed, visibility, and witness accounts may all affect that assessment.
What Deadlines Apply to New York Car Accident Claims?
An ordinary negligence action for personal injury often has a three-year limitation period from the accident. Exceptions and shorter deadlines can apply. Insurance reporting requirements operate separately from the time allowed to sue.
- No-fault notice: Written notice is generally due within 30 days of the accident. Late notice requires a clear and reasonable written justification under the applicable rules.
- Benefit submissions: Medical bills generally must be submitted within 45 days after services, and lost-earnings proof within 90 days after the loss, subject to applicable exceptions.
- Municipal claims: Many require a notice of claim within 90 days. Many municipal negligence lawsuits have a one-year-and-90-day limitation period, with exceptions.
- Claims against New York State: Court of Claims rules can require filing and service of a claim, or service of a notice of intention, within 90 days. Specific requirements depend on the claim.
- Wrongful death: Many actions must begin within two years after death, with separate notice requirements possible.
Hit-and-run, uninsured-motorist, and MVAIC claims have additional requirements. For certain MVAIC hit-and-run claims, police reporting is required within 24 hours, subject to statutory exceptions. Children and public-authority defendants require individual deadline analysis. Contact us promptly so we can identify the applicable dates.
How Much Does It Cost to Hire a New York Auto Accident Lawyer?
We offer a free consultation and handle accepted injury claims on a contingency-fee basis. No attorney’s fee is charged unless we obtain a recovery. Case expenses are separate. The written agreement explains any expenses payable if there is no recovery.
Before you retain us, we explain the fee calculation, expenses, and how deductions affect the amount you receive. You can ask questions before signing. When comparing car accident lawyers in New York State, ask who will handle the case, how updates are provided, and what the agreement covers.
What Else Should Injured Drivers and Passengers Know?
Can You Make a Claim as an Injured Passenger?
An injured passenger may qualify for no-fault benefits and have a claim against one or more responsible drivers, including the driver of the vehicle carrying them. Coverage depends on the policies and relationships involved. Being a driver’s friend or relative does not automatically eliminate every option.
What if the Other Driver Is Uninsured or Cannot Be Identified?
Uninsured-motorist or supplementary uninsured/underinsured-motorist coverage may apply, depending on the circumstances and policy. Some qualified people without applicable coverage may have a claim through the Motor Vehicle Accident Indemnification Corporation, or MVAIC. Eligibility and notice requirements must be checked promptly.
Can You Ask for Help if You Live Outside New York?
Yes. We can review a collision that happened in New York even if you live elsewhere. Residence, the location of the crash, vehicle registration, and policy terms can affect available benefits and the claims process. We assess those facts before advising you about your options.
How Long Will a Car Accident Case Take?
Timing depends on treatment, available records, disputed responsibility, insurance issues, and court scheduling. We explain the next steps as the evidence develops. Some claims resolve through settlement; others require litigation or trial. We cannot promise a completion date or a particular financial result.
How Can You Arrange a Free Consultation?
Call 716-646-8412 or request a Free Case Review through our contact form. Tell us where and when the crash happened, what injuries you sustained, and whether an insurer has contacted you. Bring any reports, photographs, insurance letters, and medical records you already have.
Our offices are at 1 Seneca St, Suite 29-M39, Buffalo, NY 14203, and 190 Sunset Drive, Suite 10, Hamburg, NY 14075. Visits are by appointment, and phone and video consultations are available for clients across New York State.
Attorney Advertising. Prior results do not guarantee a similar outcome. This page provides general information; legal advice depends on your circumstances.