Nassau County Car Accident Attorneys

Is it worth hiring an attorney after a car accident? If you or a loved one has been in a car crash, then you understand that nothing can truly compensate you for the trauma you have suffered. But as you deal with the financial losses that follow in the aftermath of an accident, the last thing you should have to do is wrangle with a stingy car insurance company and its legal team. That’s why at Foley Griffin, our Nassau County car accident lawyers offer seasoned litigation service. We can handle all the legal challenges so that you can focus on moving forward.

We are intentional about limiting the number of personal injury and car accident cases we take on. We do this so that we can ensure each case has our undivided focus and the full force of our collective insight and resources. Our Nassau County car accident lawyers are committed to achieving the results our clients need and deserve. We are here to help you recover compensation for all your accident-related losses, from pain and suffering to medical bills and income losses. Please don’t hesitate to find out how we can be of service to you.

A Summary of Car Accident Laws in New York

New York operates under a “no-fault” system for car accidents, meaning that in most cases you will turn to your own insurance company for compensation after a collision regardless of who is to blame for the crash. Your insurance company will pay for your medical bills and other financial losses up to the limits of your personal injury protection coverage. You may only sue the other driver for losses if your losses exceed these limits and meet the state’s serious injury threshold.

Injuries are considered serious under New York’s insurance laws if they involve one or more of the following:

• Death
• Dismemberment
• Significant disfigurement
• Fractured / broken bones
• Permanent loss or significant limitation of use of a bodily organ, member, function, or system
• Injury which impairs a person’s daily activities for a minimum of 90 days in the 180 days immediately following the injury

New York’s serious injury threshold is defined under New York Insurance Law § 5102(d). As of May 2026, New York eliminated the “90/180-day” category of serious injury as part of a statewide tort reform — if your injury doesn’t clearly fall into one of the remaining statutory categories, an experienced attorney can help determine whether you still meet the threshold.

Separately, New York’s no-fault insurance provides Personal Injury Protection (PIP) benefits regardless of who caused the crash, up to these statutory limits: – $50,000 in basic economic loss (medical expenses) per person – 80% of lost earnings, up to $2,000 per month, for up to three years – $25 per day for other reasonable and necessary expenses (e.g., transportation to medical appointments)

New York recently changed how fault affects your ability to recover damages in a car accident case. As of a May 2026 change to CPLR § 1411(b), if you are found more than 50% at fault for a motor vehicle accident, you may be barred from recovering damages in a personal injury lawsuit. This is a significant change from New York’s prior “pure comparative negligence” rule, and it makes an early, thorough investigation of fault more important than ever.

Even if you have adequate coverage, actually receiving compensation from your insurance company may be challenging as insurance companies may use different tactics to limit or deny you coverage. For more information on New York’s auto insurance laws and how our attorneys can assist you, visit our Car Insurance FAQ page.

Insurance Companies Are Not on Your Side

Despite their upbeat ad campaigns, friendly slogans, and affable adjusters, auto insurance companies are often not on your side. In fact, insurance companies are often more concerned with guarding their own profits than helping the injured by paying claims. While many policyholders rely on insurance providers for much-needed financial assistance in the event of a collision, insurance companies are often less-than-eager to uphold their end of the bargain and may attempt to employ various tactics to delay, deny, or diminish a person’s claims. Making yourself aware of these tactics can be crucial to help you can protect your rights as a policyholder and maximize your chances of securing the compensation you deserve.

If you have filed an insurance claim, beware of the following strategies:

1. Telling you that you don’t need a lawyer: An adjuster will likely tell you that you are better off without a lawyer and suggest that a lawyer will only take a large portion of your settlement. While this may make sense on the surface, research has shown that claimants with experienced legal representation consistently walk away with more money than those who choose to settle directly. Likewise, if they should deny your claim, you will have a much harder time contesting your denial on your own.
2. Asking for a recorded or written statement: Insurance adjusters are trained in ways to get you to say something that they can use against you, even if it means taking your statements out of context. For example, if an insurance adjuster records a call with you and asks you how you are feeling, to which you reply “I’m doing well, thanks,” they may be able to use this statement to claim that you are “well” and do not have any serious injuries. Never, under any circumstances, submit a written statement or agree to a recorded call without the instructions of your attorney.
3. Requesting an authorization for medical information: After a collision, your insurance adjuster may ask you to sign an authorization form to access your medical records. What they don’t tell you is that this authorization gives them the ability to sift through your entire personal history in search of some sort of evidence of a past affliction that could be used to falsely suggest that your injuries were due to a preexisting condition.
4. Misrepresenting your coverage: If your insurance adjuster claims that your injuries are not covered, do not take their word for it until you have read through the terms of your policy. In many cases, coverage is hidden in dense legal terminology which can be uncovered with the assistance of an experienced attorney.
5. Delaying payment: If you have been injured, it is likely that you are facing financial struggles due to costly medical expenses and time away from work. Insurance companies know this, and they will do everything they can to delay payment of your claim until you are desperate enough to settle for a minimal amount. An attorney can help ensure you are paid on-time and in full.

Is There a Time Limit on Car Accident Lawsuits?

Yes. Like any other injury lawsuit, car accident injury lawsuits in New York are subject to a statute of limitations which imposes a hard deadline on how long you have to file a claim. In most cases, you only have three years from the date of your crash to file a lawsuit against the at-fault driver. If you file a claim after this time period has passed, the state’s court system will almost certainly dismiss your case and you will be unable to seek further legal action.

If an injury results in death, a wrongful-death claim generally must be commenced within two years after the decedent’s death under New York Estates, Powers and Trusts Law § 5-4.1. EPTL § 5-4.1 Claims involving a municipal entity may also have an earlier notice requirement: under General Municipal Law § 50-e, a Notice of Claim generally must be served within 90 days after the claim arises, subject to statutory exceptions. GML § 50-e.

When should you contact an attorney after a car accident? From a strategic standpoint, it is important to begin your car accident lawsuit early to give your attorney enough time to gather evidence and craft a compelling case. Since the statute of limitations can essentially make or break your case, it is best to act quickly and consult with an attorney as soon as possible after a crash.

How Much Could My Car Accident Claim Be Worth?

At Foley Griffin, we only take on a certain number of personal injury cases at a time, which means that if we take your car accident case, we truly believe in it and are ready to fight for your rights in trial if that is what it takes to get you the compensation you deserve. We are ready to put the full force of our collective experience, resources, and focus behind your auto accident claim. Find out how we can fight—and win—for you today.

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• How does vehicle ownership affect a car accident case?
• How much is my car accident case worth?
• Taking photos after a car accident
• How does car insurance work in New York?

What to Do After a Car Accident in Nassau County

1. Check for injuries and call 911. Get medical help moving and request police response — a police report is one of the most important pieces of evidence in your claim.
2. Move to safety if you can. If the vehicles are drivable and it’s safe to do so, move them out of traffic to avoid a secondary collision.
3. Exchange information with the other driver(s) — name, contact information, insurance details, and license plate number.
4. Document the scene. Take photos and video of the vehicles, license plates, road conditions, traffic signs, and any visible injuries. Get names and contact information for witnesses.
5. Get medical attention, even if you feel fine. Some injuries, like whiplash or concussions, don’t show symptoms right away. A medical record close to the time of the crash also strengthens your claim.
6. Notify your own insurance company promptly, but be cautious about giving a recorded statement to the other driver’s insurer before speaking with an attorney.
7. Avoid discussing fault at the scene or signing anything from the other party’s insurance company without legal advice.
8. Keep records of everything — medical bills, repair estimates, missed work, and correspondence with any insurance company.
9. Contact a Nassau County car accident attorney before accepting any settlement offer, especially given New York’s recent changes to how fault is evaluated in motor vehicle cases (see above).

Nassau County Car Accident Statistics

Car accidents remain a serious problem across Long Island. According to a June 2024 report from the New York State Comptroller’s Office, motor vehicle fatalities statewide rose 25.8% between 2019 and 2022, reaching 1,175 deaths in 2022 — the highest total in a decade. Long Island led the state in raw fatality numbers that year, with 81 traffic deaths in Nassau County and 164 in neighboring Suffolk County.

Certain Nassau County roads and parkways are consistently identified in local crash reporting as higher-risk corridors, including: – Hempstead Turnpike – Southern State Parkway – Meadowbrook State Parkway – Northern State Parkway – Sunrise Highway

(Note: the Comptroller’s fatality figures above are from an official, verifiable state source and are safe to cite directly. Any additional road-specific crash-count figures — e.g., annual crash totals for a specific parkway — should be pulled from a current, primary NYSDOT or Institute for Traffic Safety Management and Research report before publishing, since secondary sources vary in how they compile these numbers.)

Car Accidents Frequently Asked Questions

How long do I have to file a car accident lawsuit in New York?

In most car accident cases, you have three years from the date of the accident to file a lawsuit under CPLR § 214. Certain claims — such as wrongful death (two years) or claims against a government entity (which require a Notice of Claim within 90 days) — have shorter deadlines, so it’s important to speak with an attorney as soon as possible.

What is New York’s “serious injury” threshold?

To recover non-economic damages (like pain and suffering) in a New York car accident case, you generally must show that you suffered a “serious injury” as defined by Insurance Law § 5102(d) — such as a fracture, permanent disfigurement, or a significant limitation of use of a body function. As of May 2026, New York eliminated the former “90/180-day” category, so it’s especially important to have an attorney evaluate whether your injury meets the current statutory definition.

What happens if I was partly at fault for the accident?

You may still be able to recover damages, but a May 2026 change to New York law (CPLR § 1411(b)) now bars recovery if you’re found more than 50% at fault in a motor vehicle case. Because fault percentages are often contested, an early investigation into how the accident happened can significantly affect your ability to recover compensation.

What if the other driver doesn’t have insurance?

If you carry uninsured/underinsured motorist (UM/UIM) coverage — which is required on New York auto policies — you may be able to file a claim through your own insurer for injuries caused by an uninsured or underinsured driver.

How much is my car accident claim worth?

There’s no fixed formula — value depends on factors like the severity of your injuries, medical costs (current and future), lost income, and the strength of the evidence establishing fault. An attorney can review your specific facts and give you a realistic range based on similar cases.

What does New York’s no-fault insurance cover?

New York’s no-fault (PIP) coverage pays up to $50,000 in medical expenses, 80% of lost wages (up to $2,000/month for three years), and $25/day in other reasonable expenses, regardless of who caused the accident.

Do I need a police report to file a claim?

A police report isn’t always legally required to file a claim, but it’s one of the strongest pieces of evidence you can have — it documents the scene, statements, and often an initial assessment of fault, which can be difficult to reconstruct later without it.

How much does it cost to hire a car accident lawyer?

Most car accident attorneys, including Foley Griffin, work on a contingency-fee basis — you pay nothing upfront, and the fee is a percentage of any settlement or verdict you recover. If there’s no recovery, there’s typically no fee.

How long does a car accident settlement take in New York?

Timelines vary widely. Straightforward claims can resolve in a few months, while cases that require litigation often take a year or more, especially if the injury requires ongoing treatment before the full value of the claim can be assessed.