If you were injured recently in a car accident in Queens, you should be thinking about your options for financial compensation. You might be wondering about your eligibility for a car accident claim. It is important to know that filing a lawsuit after a Queens car accident can be complicated since New York is a no-fault state, but this fact alone does not mean that you cannot sue the at-fault driver or another liable party.

Understanding No-Fault Insurance in New York

Since New York is a no-fault state, you cannot immediately file a lawsuit after a car accident in most cases. Instead, you will need to file a no-fault insurance claim through your own personal injury protection (PIP) coverage, and then determine whether you could be eligible to file a lawsuit.

Proving You Meet the Serious Injury Threshold

In order to be eligible to file a lawsuit after a Queens car accident, you will need to prove that you have losses in excess of $50,000 or that you have a serious injury as it is defined under New York Insurance Law § 5102(d). Proving that you have a serious injury means you can meet the serious injury threshold. That law cites the following as serious injuries that allow an injured person to file a lawsuit after a motor vehicle collision:

  • Death;
  • Dismemberment;
  • Significant disfigurement;
  • Fracture;
  • Loss of a fetus;
  • Permanent loss of use of a body organ, member, function, or system;
  • Permanent consequential limitation of a body organ or member;
  • A significant limitation of the use of a body function or system;
  • Medically determined injury or impairment of a non-permanent nature that 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. 

You will need to have your medical records certified to ensure that you qualify for filing a lawsuit after suffering significant harm in a traffic crash.

Motorcyclists, Bicyclists, and Pedestrians Are Not Covered by No-Fault Law

You should know that if you were injured in a car accident while you were riding a motorcycle or a bicycle, or while you were on foot, you are not covered by New York’s no-fault law. Accordingly, you do not need to prove that you meet the serious injury threshold in order to file your car accident lawsuit. One of our Queens car accident attorneys can begin working with you today to ensure that you get your lawsuit filed in a timely manner.

Determining Who to Sue

Once you know that you can file a lawsuit, the next step is determining who to sue. In most car accident cases, another motor vehicle driver’s error or negligence caused the collision. In those circumstances, you will likely be able to file a claim against that motorist. However, other parties could also be at fault separate from, or in addition to, a negligent car or truck driver. 

For example, if the accident resulted from a hazard on the property where the crash occurred, the property owner could be liable. Or, if the accident resulted from defective brakes or another vehicle part, you could be eligible to file a product liability lawsuit.

Contact a Queens Car Accident Lawyer Today


Do you have questions about filing a car accident lawsuit in New York? One of our Queens car accident attorneys can speak with you today about your case. Contact the Law Offices of Gary E. Rosenberg, P.C. to learn more about how we can assist you.