How to Build Your Car Accident Claim in New York
Updated: 1 day ago
Updated October 21, 2026
Car accidents can be a distressing and overwhelming experience, particularly when severe injuries are involved. If you're planning on making an insurance claim for damages and losses incurred in a car accident, it's crucial to understand the process and what you can do to protect your claim. In this article, we'll explore several steps that can help you build a well-documented car accident insurance claim.
Key takeaways
Get medical care right away, because the longer you wait, the harder it is to show the accident caused your injuries.
No-fault insurance pays certain costs regardless of fault, but suing beyond no-fault is allowed only in certain cases, such as a serious injury.
Keep going to your medical appointments, and if you stop, make sure your doctor's records explain why.
Take photos, collect witness contact details, and keep a record of every accident-related expense.
If you had an earlier injury or age-related wear and tear, your doctors need to address it in their reports.
No-Fault, a lawsuit, or both?
There are two main sources of recovery in New York State for those injured in car accidents. New York's “No-Fault” car insurance system, which was enacted in 1974, allows insurance companies of insured drivers to directly cover costs for policyholders, including minor injuries to parties involved in the accident, medical bills, and lost wages, up to a maximum of $50,000, without taking into consideration who was at fault for the accident. In a way, the no-fault law restricts lawsuits for car accidents.
However, there are certain circumstances where a driver can sue for damages beyond what is covered by the no-fault law. These circumstances arise when the car accident results in "serious injuries," or “basic economic loss.” See Insurance Law § 5104.
Serious injury is defined as a personal injury that results in one of the following: (1) Death, (2) Dismemberment, (3) Significant disfigurement, (4) Fracture, (5) Loss of a fetus, (6) Permanent loss of use of a body organ, member, (7) function or system, (8) Permanent consequential limitation of a body organ or member, (9) Significant limitation of use of a body function or system or (10) Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment. See Insurance Law § 5102(d).
Meeting this definition takes medical proof. In Orlando v. Gonzalez, 2026 NY Slip Op 02662 (App. Div. 2d Dep't 2026), the court held that an injured person does not need measurements taken at the time of the accident to raise a question of fact under the significant limitation category. The court still dismissed the case, though, because the plaintiffs' expert did not rebut the defense evidence that the injuries were preexisting and degenerative. If you had an earlier injury or age-related wear and tear, your doctors need to address it.
In most circumstances, victims of car accidents will be entitled to recovery under both no-fault, and civil claims. It is important to consult with a personal injury attorney after a car accident so that you are aware of your legal remedies.
How To Strengthen Your Car Accident Case
Now that you understand New York’s car accident insurance system, let's talk about the steps you should take to protect your case.
The first crucial step in building your car accident insurance claim is to collect as much evidence as possible. This includes taking photos of the accident scene, documenting any damage to your vehicle, and recording your injuries. Additionally, gathering contact information from any witnesses who saw the accident occur is essential. Good evidence helps show an insurer, or a court, what really happened.
It's important to seek medical attention as soon as possible after a car accident, especially if you have sustained injuries. This is not only beneficial for your well-being but also provides documentation of your injuries that can be used as evidence in your insurance claim. In our practice, the biggest mistake we see is waiting to get medical treatment. The longer the gap between the accident and your first visit, the harder it is to prove the accident caused your injuries, and the less believable the claim becomes to an insurer or a jury.
Keep going to your appointments, too. New York's highest court has said that a person who stops treatment while claiming a serious injury "must offer some reasonable explanation for having done so." Pommells v. Perez, 4 N.Y.3d 566 (N.Y. 2005). Courts still apply that rule. In Solano v. American United Transp. Inc., 2025 NY Slip Op 06298 (App. Div. 1st Dep't 2025), the court dismissed the plaintiff's permanent consequential limitation claims because she stopped treatment without explanation. The same court let her significant limitation claims go forward because her treating physicians found range-of-motion limitations. It dismissed her 90/180 claim because she missed less than a week of work.
If you've suffered injuries in a car accident, it's recommended that you seek the assistance of a personal injury attorney. An experienced attorney can guide you through the claims process, negotiate with the insurance company on your behalf, and pursue fair compensation for your injuries and losses.
It's important to keep an accurate record of all expenses related to the accident, such as medical bills, vehicle repairs, and other costs. This information helps document the full extent of your losses.
To sum up, a car accident insurance claim calls for proper preparation, meticulous attention to detail, and appropriate legal representation. By following the tips provided in this article, you can protect your claim and document your injuries and losses. If you've been injured in a car accident and are contemplating filing an insurance claim, we advise seeking the guidance of a skilled personal injury attorney to assist you through the process. Yassi law is here to help. If you have been injured in a car accident, contact us via the links below.
Disclaimer: Although I am a lawyer by profession, I am not YOUR lawyer. This article is for informational and educational purposes only, does not constitute legal advice, and does not establish any kind of attorney-client relationship with me. I am not liable or responsible for any damages resulting from or related to your use of this information.
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