Over 85 years of fighting for car accident victims and their families across New York.
If you were injured in a car accident in Queens, you may be dealing with medical bills, missed time from work, vehicle damage, and an insurance company that wants to settle your claim for as little as possible. New York’s no-fault insurance system adds another layer of complexity, because the rules about when you can sue and what you can recover depend on how serious your injuries are.
A Queens, NY car accident lawyer at Edelsteins, Faegenburg, & Blyakher LLP can help you understand where you stand and what your case is worth. We offer free consultations and handle every car accident case on a contingency fee basis.
Car Accident Lawyer Queens, NY
New York’s no-fault system means your own insurance pays up to $50,000 in medical bills and a portion of your lost wages, regardless of who caused the crash. That coverage kicks in automatically under Insurance Law § 5102. But no-fault has limits, and for people with serious injuries, those limits fall far short of what they actually need.
To step outside the no-fault system and sue the at-fault driver for pain and suffering, your injuries have to meet what the law calls the “serious injury threshold.” That includes fractures, significant disfigurement, permanent loss of use of a body organ or member, or a non-permanent injury that keeps you from performing substantially all of your daily activities for at least 90 of the first 180 days after the accident. A car accident attorney in Queens can evaluate your medical records early and determine whether your injuries clear that bar, because the answer shapes the entire legal strategy.
Types of Car Accident Cases We Handle in Queens
Queens has some of the most congested and dangerous roads in New York City. The Long Island Expressway, the Grand Central Parkway, Queens Boulevard, and Northern Boulevard all see heavy volumes of traffic and a disproportionate number of serious collisions. We represent car accident victims across a range of crash types, including:
- Rear-end collisions. One of the most common types of car accidents in Queens. The driver in the rear is almost always at fault, but insurance companies still try to minimize the severity of the injuries, particularly soft tissue injuries that do not show up on X-rays.
- Intersection accidents. Drivers running red lights, failing to yield, and making illegal turns at busy Queens intersections cause some of the worst collisions. Crashes at intersections along Queens Boulevard and Northern Boulevard are especially common and frequently result in severe injuries.
- Head-on collisions. When a driver crosses the center line or enters a roadway going the wrong direction, the resulting head-on crash is often catastrophic. Our firm recovered $4,350,000 for a driver struck head-on by an intoxicated motorist.
- Sideswipe and lane-change accidents. Drivers who fail to check blind spots or signal before changing lanes cause sideswipe collisions on Queens highways daily. These crashes can send vehicles spinning into guardrails, medians, or other traffic.
- Truck accidents. When a commercial truck strikes a passenger vehicle, the occupants of the car bear the brunt of the damage. These cases involve additional layers of liability and federal regulations that standard car crash claims do not.
- Drunk driving crashes. Drivers operating under the influence of alcohol or drugs cause preventable deaths and serious injuries across Queens. In some cases, the bar or restaurant that overserved the driver may also share liability under New York’s Dram Shop Act.
- Hit-and-run accidents. When the at-fault driver flees the scene, you may still recover compensation through your own uninsured motorist coverage. But the process requires prompt investigation and an attorney who understands how to handle these claims.
- Rideshare and taxi accidents. Uber, Lyft, and taxi collisions raise questions about which insurance policy applies and whether the driver was logged into the app at the time of the crash. Our firm recovered $2,905,000 for a taxi passenger injured in a motor vehicle accident.
Why Choose Edelsteins, Faegenburg, & Blyakher LLP for Car Accident Cases in Queens, NY?
Over $131 Million Recovered for Injured Clients
Edelsteins, Faegenburg, & Blyakher LLP has secured over $131 million in verdicts and settlements for injured New Yorkers. Our motor vehicle results include a $9 million recovery for a pedestrian struck by a drunk driver, a $5.5 million recovery for a pedestrian hit by a vehicle in a crosswalk, a $4,350,000 recovery for a driver struck head-on by an intoxicated motorist, and a $2,905,000 recovery for a taxi passenger in a collision. These results reflect the preparation, persistence, and willingness to go to trial that we bring to every case.
If you need a personal injury lawyer in Queens, we handle car accidents alongside motorcycle collisions, truck crashes, and other serious-injury matters with the same dedication.
Three Generations of Trial Attorneys
Our firm dates back to 1937, when the Edelstein family began practicing law in Brooklyn. Three generations later, the attorneys at Edelsteins, Faegenburg, & Blyakher LLP still prepare every case as though it is going to trial. That mindset is what drives results, whether the case settles during negotiation or goes before a jury. The firm has been recognized by both Best Lawyers and Super Lawyers, and our attorneys are members of the American Bar Association and the New York State Trial Lawyers Association. We only get paid if we win your case.
What Is Important to Understand About a Car Accident Case?
Damages, Liability, and Compensation for Car Accident Cases
If your injuries meet the serious injury threshold, you can pursue compensation beyond what no-fault covers. The damages available in a car accident lawsuit generally include:
- Medical expenses beyond the $50,000 no-fault cap, including surgery, hospitalization, physical therapy, and projected future treatment
- Lost wages and diminished earning capacity, covering income you have already missed and any long-term reduction in what you are able to earn
- Pain and suffering, which is only available if your injuries meet the serious injury threshold. This covers physical pain, emotional distress, and the ways the crash has affected your daily life
- Property damage, including the cost to repair or replace your vehicle
New York’s pure comparative negligence rule under CPLR Section 1411 means you can still recover damages even if you were partially at fault for the accident. Your award is reduced by your percentage of responsibility, but you are not barred from recovery. Insurance companies use comparative fault aggressively in car accident cases, so having an attorney who can push back on inflated fault assessments matters.
What Are Important Aspects of a Car Accident Case?
Car accident claims in New York involve a few moving parts that can affect the outcome significantly. Getting started on the right foot makes a real difference.
- No-fault deadlines are strict. You must file your no-fault application within 30 days of the accident. Medical bills need to be submitted within 45 days of treatment. Missing these windows can result in denial of benefits
- Medical documentation has to connect your injuries directly to the crash. The insurance company will look for gaps in treatment, prior complaints of similar symptoms, and any reason to argue that the accident is not what caused your pain
- Police reports establish the basic facts of who was involved, where it happened, and whether any citations were issued. If you were not able to get a report at the scene, your attorney can request one from the NYPD
- Witness statements and photographs from the scene, the damage to both vehicles, skid marks, traffic signals, and your injuries all help build the case. The sooner this evidence is collected, the stronger it is
What Is the Car Accident Case Timeline?
Car accident cases in Queens follow a general progression, though the timeline depends on the severity of the injuries and whether liability is contested.
- The first 30 days are about getting medical treatment, filing the no-fault application, and consulting with a car accident lawyer in Queens before giving any recorded statements to the other driver’s insurer
- Over the next several months, your attorney gathers police reports, medical records, witness statements, and any available surveillance or dashcam footage
- Treatment continues until you reach maximum medical improvement. Settling before that point usually means accepting less than the case is worth, because neither side knows what the final medical picture looks like yet
- Once treatment stabilizes, your attorney sends a demand to the at-fault driver’s insurer and negotiates for a fair settlement
- If no fair offer comes, the case goes to litigation. In Queens, court timelines can add one to several years depending on the judge’s calendar and the complexity of the case
What Should You Bring to Your Car Accident Consultation?
Bring whatever you have available. Even partial documentation gives your attorney a head start:
- The police report or accident report number
- Photos of the vehicles, the accident scene, and your injuries
- Your no-fault claim paperwork and any correspondence from insurance companies
- Medical records and bills from treatment so far
- Contact information for any witnesses
We will review everything with you, explain how New York’s no-fault system and the serious injury threshold apply to your situation, and tell you straight whether we think you have a case worth pursuing.
What Are Important New York Legal Resources for Car Accident Cases?
New York’s no-fault insurance system and personal injury statutes govern car accident claims. These are the most relevant legal resources:
- Insurance Law § 5102 defines “basic economic loss,” the “serious injury” threshold, and the framework for New York’s no-fault system. This is the statute that determines whether you can sue the at-fault driver
- CPLR Section 214 sets the statute of limitations for most personal injury cases at three years from the date of the accident. Claims against government entities require a notice of claim within 90 days
- CPLR Section 1411 establishes New York’s pure comparative negligence rule, allowing you to recover damages even if you share some fault for the crash
- The NHTSA publishes national motor vehicle crash statistics and safety research through its National Center for Statistics and Analysis
- The Governor’s Traffic Safety Committee coordinates statewide traffic safety campaigns and publishes annual crash reports
Reach Out to Edelsteins, Faegenburg, & Blyakher LLP to Schedule a Consultation
If you were injured in a car accident in Queens, our firm is ready to review your case at no cost. We handle car accident cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Contact us to schedule a free consultation with a Queens car accident attorney.