Should I Get a Lawyer For A Car Accident That Wasn’t My Fault?

Been in a car accident that wasn’t your fault? Yes, you should absolutely get a lawyer, even when fault seems obvious. Insurance companies will look for any reason to reduce what they owe you, and they have teams of adjusters and lawyers working against you from the moment you file a claim.

Even in clear-cut cases, insurers often dispute fault, downplay injuries, or pressure you into accepting lowball settlements that don’t cover your actual losses. In New York’s complex no-fault insurance system, navigating PIP benefits, serious injury thresholds, and potential lawsuits requires legal expertise that most accident victims lack.

This guide explains when you need a lawyer, how New York’s insurance laws work, what compensation you can recover, and how to protect your rights after a crash that wasn’t your fault.

Should You Get a Lawyer if the Crash Wasn’t Your Fault?

Yes, you absolutely should get a lawyer, even if the accident was clearly not your fault. Insurance companies are businesses that make money by paying out as little as possible, and they’ll look for any excuse to reduce what they owe you.

Even when the fault seems obvious, insurers will try to shift blame or downplay your injuries. They have teams of lawyers and adjusters working against you from day one. You deserve someone fighting just as hard for your side.

The other driver’s insurance company isn’t your friend, no matter how nice they sound on the phone. Their job is to protect their company’s profits, not your recovery.

How Insurance Works When You’re Not at Fault in New York

New York is a no-fault state, which means your own car insurance pays for certain losses regardless of who caused the crash. This coverage is called Personal Injury Protection or PIP.

Your basic PIP coverage provides up to $50,000 to cover immediate expenses after an accident. This might sound like a lot, but serious injuries can easily exceed this amount.

Here’s what PIP covers:

• Medical expenses: Hospital bills, doctor visits, physical therapy, and prescription medications.
• Lost wages: PIP can cover a portion of your lost income, subject to your policy limits.
• Essential services: Coverage may include necessary household help or childcare.
• Death benefit: $2,000 to cover funeral expenses.

To sue the at-fault driver for pain and suffering, your injuries must meet New York’s serious injury threshold. This means you need significant injuries like broken bones, permanent limitations, or disability lasting more than 90 days.

What to Do After a Crash That Wasn’t Your Fault

What you do right after an accident can make or break your case. Follow these steps to protect yourself and build a strong foundation for your claim.

Check for Safety and Call 911

Move to safety if possible and check if anyone is hurt. Always call 911, even for minor accidents; you’re legally required to report crashes with injuries or property damage over $1,000.

The police report becomes crucial evidence later. Don’t let the other driver talk you out of calling the cops, especially if they’re at fault.

See a Doctor Within 14 Days

Get medical attention immediately, even if you feel fine. Injuries like whiplash and concussions often don’t show symptoms right away.

To protect your ability to claim no-fault benefits, see a doctor promptly after an accident. Missing this deadline can cost you thousands in medical coverage.

Document Everything at the Scene

Take pictures of the damage to your car, your injuries, the state of the road, and the traffic signs with your phone. Get the names and contact information of witnesses; their statements can show what really happened.

Take pictures from multiple angles and don’t worry about taking too many photos. Evidence disappears quickly, but photos last forever.

Exchange Information but Don’t Admit Fault

Get the other driver’s name, contact details, and insurance information. Give them yours, but never say you’re sorry or admit any responsibility.

Even saying “I didn’t see you” can be twisted into an admission of fault. Stick to the basic facts about what happened.

Report to Your Insurance but Avoid Recorded Statements

You must notify your own insurance company to start your no-fault claim. However, you don’t have to give a recorded statement to any insurance company right away.

These recorded statements are traps designed to get you to say something that hurts your case. Let a lawyer handle these conversations for you.

When to Call a Car Accident Lawyer in New York

If any of these things are true for your case, you should call a lawyer right away. Don’t wait; deadlines pass quickly, and evidence disappears.

Call a lawyer if you have:

• Serious injuries: Broken bones, surgery, scarring, or any injury requiring ongoing treatment.
• Disputed fault: The other driver is blaming you, or the stories don’t match.
• Low settlement offers: Insurance offers that don’t even cover your medical bills.
• Uninsured drivers: The at-fault driver has no insurance or not enough coverage.
• Hit-and-run accidents: The other driver fled the scene.
• Lost work time: You’ve missed significant time from your job.
• Long-term care needs: Your injuries require ongoing therapy or treatment.

The insurance company will have lawyers working on its defense within hours. You deserve the same level of protection for your rights.

What a Car Accident Lawyer Does for You

A lawyer does a lot more than just fill out forms. We fight for you against big insurance companies that have every advantage except one: they don’t have us on their side.

We Investigate and Preserve Evidence

We launch an immediate investigation to secure evidence before it disappears. This includes getting police reports, interviewing witnesses, and preserving surveillance footage from nearby businesses.

We can subpoena phone records to prove the other driver was texting, or work with accident reconstruction experts to show exactly how the crash happened. You can’t access this evidence on your own.

We Handle All Insurance Communications

Insurance adjusters are trained negotiators who know how to get you to accept lowball offers. We take over all communication so you can focus on healing.

We know the real value of your case and won’t let them shortchange you. When they see you have serious legal representation, their offers suddenly improve.

We Calculate Your Full Damages

Your losses go far beyond current medical bills. We work with medical experts to calculate future treatment costs, lost earning capacity, and the monetary value of your pain and suffering.

Most people don’t realize they can recover money for emotional trauma, loss of enjoyment of life, and how their injuries affect their relationships through personal injury settlements. We make sure nothing gets overlooked.

What if You’re Being Blamed for a Crash You Didn’t Cause?

It’s incredibly frustrating to be blamed for an accident you didn’t cause. Insurance companies do this all the time to avoid paying valid claims.

They might claim you were speeding, distracted, or should have avoided the crash somehow. These are just tactics to reduce what they have to pay you.

We fight these false accusations with hard evidence. Traffic camera footage, black box data from vehicles, and witness testimony can prove what really happened and clear your name.

Can You Still Recover if You Were Partly at Fault?

Yes, you can still recover compensation even if you were partially at fault for the accident. New York follows pure comparative negligence, which means your compensation gets reduced by your percentage of fault.

For example, if you win $100,000 but you’re found 20% at fault, you still get $80,000. Even if you’re 90% at fault, you can still recover 10% of the damages.

Our job is to minimize your assigned percentage of fault and maximize your financial recovery. An increase in your assigned fault can significantly reduce the amount you recover.

What Compensation Can You Recover After a Car Accident?

You may be entitled to recover money for both economic and non-economic losses. Economic damages are the bills and financial losses you can calculate exactly.

Economic Damages	Non-Economic Damages
Past and future medical bills	Pain and suffering
Lost wages and benefits	Emotional distress
Lost earning capacity	Loss of enjoyment of life
Property damage	Scarring and disfigurement
Household services	Loss of companionship

Non-economic damages, you can recover like pain and suffering, can often be worth more than your medical bills. But you can only recover these if your injuries meet New York’s serious injury threshold.

Does the Police Report Decide Fault in New York?

No, the police report doesn’t have the final say on who’s at fault. It’s important evidence, but it’s not legally binding in your personal injury case.

Police officers aren’t accident reconstruction experts, and they sometimes get the facts wrong. If the police report incorrectly blames you, we can challenge it with other evidence.

Witness statements, vehicle damage patterns, and expert analysis can often overturn an inaccurate police report. Don’t give up just because the report doesn’t look good.

How Much Does a Car Accident Lawyer Cost?

You pay nothing upfront to hire Grigor Law Injury & Car Accident Lawyers. We work on a contingency fee basis, which means we only get paid if we win your case.

Our fee is a percentage of whatever we recover for you. If we don’t win, you owe us nothing, not even for the time we spent working on your case.

This system allows everyone to afford top-quality legal representation, regardless of their financial situation. You get the same fierce advocacy whether you’re rich or struggling to pay bills.

How Long Do You Have to File a Claim in New York?

New York has strict deadlines for filing different types of claims. Miss these deadlines, and you lose your right to compensation forever.

Key deadlines include:

• No-fault application: 30 days from the accident date.
• Personal injury lawsuit: Three years from the accident date.
• Wrongful death lawsuit: Two years from the date of death.
• For claims against the government, a 90-day Notice of Claim is required.

Evidence also disappears over time. Witnesses move away, video footage gets deleted, and memories fade. The sooner you act, the stronger your case becomes.

What Happens if the Other Driver Is Uninsured or Flees?

If you’re hit by an uninsured driver or it’s a hit-and-run, you can still recover compensation through your own insurance policy. Your Uninsured Motorist coverage steps in to pay for your damages.

In these cases, you’re essentially suing your own insurance company under no-fault insurance rules. They’ll fight your claim just as hard as any other insurer, which is why you need legal representation.

In hit-and-run cases, you must report the accident to the police within 24 hours to preserve your right to uninsured motorist benefits.

Should You Talk to Insurance Adjusters Without a Lawyer?

Never give a recorded statement to the other driver’s insurance company without a lawyer present. You have no legal obligation to talk to them, and anything you say will be used against you.

Even your own insurance company can be problematic. While you must cooperate with them, you should be careful about giving recorded statements before consulting with an attorney.

Common things people say that hurt their cases:

• “I’m fine”: Injuries often appear days later.
• “I think” or “maybe”: Speculation becomes “fact” in their records.
• Any admission of fault: Even partial blame reduces your compensation.

Level the Playing Field: Hire an Aggressive Bronx Personal Injury Advocate

The insurance company already has a team of lawyers and adjusters working to reduce the amount you receive. You deserve a powerful lawyer who will fight just as hard for your side.

At Grigor Law Injury & Car Accident Lawyers, we know how to change the balance of power back in your favor. We handle the complex filings and high-stakes negotiations needed to protect your financial future while you focus on getting better.

Every day you wait is another day for important evidence to go missing, surveillance footage to be erased, and witnesses to forget important facts. The insurance company began working on your case as soon as they learned about your accident.

You need to start working on yours right away. Our investigative team, led by Chrissy Grigoropoulos, works quickly to keep the facts that will help your case.

We are open all the time because accidents don’t happen on a set schedule. Our team helps clients throughout New York City and Nassau, Suffolk, and Westchester counties. We speak English, Spanish, Greek, French-Creole, and Korean fluently. You don’t have to worry about losing money because of our no-fee guarantee. We don’t get paid anything for legal fees until we win your case.

Don’t let the insurance company tell you how much your life is worth. Call (718) 993-9999 today for a free, no-obligation consultation and get started on getting the results you deserve.

Frequently Asked Questions About Car Accidents That Weren’t Your Fault in New York

Do I Need a Lawyer in a No-Fault State Like New York?

Yes, you need a lawyer because no-fault only covers basic economic losses up to your policy limits. You need legal help to pursue pain-and-suffering damages or to fight insurance company denials.

What Is New York’s Serious Injury Threshold?

The serious injury threshold requires significant injuries like fractures, permanent limitations of body parts, or disability lasting more than 90 days. Only injuries meeting this standard allow you to sue for pain and suffering beyond no-fault benefits.

How Long Do I Have to Apply for No-Fault Benefits?

You must file your no-fault application within 30 days of the accident or risk losing coverage entirely. This deadline is strict and has very few exceptions.

Should I Give a Recorded Statement to the Other Driver’s Insurance?

No, you have no legal duty to provide a statement to the at-fault driver’s insurance company. These statements are designed to trap you into saying something that hurts your case.

Who Pays to Fix My Car in New York’s No-Fault System?

Property damage isn’t covered by no-fault insurance. Your car repairs are paid by the at-fault driver’s property damage liability coverage or through your own collision coverage.

Can I Recover Money if I Was Partially at Fault?

Yes, New York’s pure comparative negligence rule allows you to recover damages reduced by your percentage of fault. Even if you’re 99% at fault, you can still recover 1% of the total damages.

Will My Insurance Rates Increase if the Crash Wasn’t My Fault?

Your rates shouldn’t increase if you weren’t at fault, but some insurers raise rates based on any claim activity. This is another reason to maximize your recovery from the at-fault driver’s insurance.

What if the Other Driver Has No Insurance?

You can file a claim under your own Uninsured Motorist coverage, but you’ll be fighting your own insurance company for fair compensation. Having a lawyer is crucial in these situations.

Can I Change Lawyers if I’m Not Happy with My Current Attorney?

Yes, you can change lawyers at any time during your case. Your new lawyer will handle the transition and fee arrangements with your previous attorney so you don’t incur any extra costs.