Every potential claim turns on its own medical history, evidence, responsible parties, and deadlines. The points below are a starting place—not a substitute for advice about a particular case.
Start with fault and the evidence
Police reports, photographs, witnesses, nearby video, vehicle data, and medical records can show how the collision happened and what harm it caused. More than one driver, vehicle owner, or employer may need to be investigated.
New York no-fault rules affect many claims
No-fault insurance generally addresses certain economic losses after a covered motor-vehicle collision, regardless of fault. A separate claim for pain and suffering in a covered case often requires proof of a statutory serious injury, although the rules depend on the people and vehicles involved.
Serious injury has a legal definition
Insurance Law § 5102(d) includes categories such as fracture, significant disfigurement, permanent loss of use, and significant limitation. The legal threshold requires evidence; a diagnosis or severe pain alone does not automatically establish every category.
Document the full effect of the injury
Follow-up medical care, imaging, therapy, work records, and accounts of activities you can no longer perform may matter. Keep evidence of medical expenses, lost income, future needs, and how the injury changed daily life.
Act promptly
Insurance notices and applications can have deadlines separate from the time to sue. Claims involving public vehicles or entities may require early notice. An attorney can review the coverage, possible defendants, and applicable time limits.
Related information
This article provides general information, not legal advice. Reading it or contacting Noah does not create an attorney-client relationship. Results depend on the facts and law applicable to each matter.