Do I need a lawyer after a car accident in New York?
Every rule below is quoted from New York law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the New York rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
New York uses pure comparative fault. You can recover money even if you were mostly at fault, but your award is reduced by your own percentage of fault.
“the culpable conduct attributable to the claimant or to the decedent...shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”
When you can sue the other driver
You can only sue the other driver for pain and suffering if your injury is death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body part or system, a permanent consequential limitation, a significant limitation of use, or a non permanent injury that stopped you from your usual activities for 90 of the first 180 days after the crash.
“a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system”
How long you have
- 3 years
- to sue for injuriesN.Y. C.P.L.R. 214(5)
- 3 years
- to sue for car or property damageN.Y. C.P.L.R. 214(4)
- 2 years
- for a family to sue after a deathN.Y. Estates, Powers & Trusts Law 5-4.1
- 90 days
- to notify the government if a public vehicle or road was involvedN.Y. General Municipal Law 50-e
Deadline to sue for injuries
You have 3 years from the crash to file a lawsuit for your injuries.
“an action to recover damages for a personal injury”
If a government vehicle or road was involved
If a city, town, village, or other municipal vehicle or road was involved, you must serve a notice of claim within 90 days of the crash before you can sue.
“the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises”
How injury lawyers charge in New York
Contingency fee rules
New York regulates, but does not flatly ban, high contingency fees. For most personal injury and negligence cases, court rules say a fee up to one third of the recovery, or a rising sliding scale, is presumed fair. For medical, dental, and podiatric malpractice cases specifically, a state law sets a stricter sliding scale that starts at 30 percent and drops as the recovery gets bigger.
“Schedule B: A percentage not exceeding 33 1/3 percent of the sum recovered. ... 30 percent of the first $250,000 of the sum recovered; 25 percent of the next $250,000 of the sum recovered; 20 percent of the next $500,000 of the sum recovered; 15 percent of the next $250,000 of the sum recovered; 10 percent of any amount over $1,250,000 of the sum recovered.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
File a complaint against an insurance company online with the New York Department of Financial Services through its Consumer Complaint portal.
“Use our online Consumer Complaint application to file a complaint with DFS about an insurance company, bank, student loan, mortgage or foreclosure, bail agent, or other financial service or product.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.