No-Fault Insurance Doesn't End Your Case.
It's Where It Begins.
Most accident victims in New York assume their insurance settlement closes the door on further recovery. It doesn't. If your injuries meet the threshold under New York law, you have the right to sue — and I've been winning those cases for over 30 years.
What No-Fault Insurance Actually Covers — and What It Leaves Out
New York is a no-fault insurance state, which means your own insurance company pays your medical bills and a portion of your lost wages after an accident — regardless of who caused it. That sounds straightforward. What most people don't realize is how much it leaves on the table.
No-fault coverage does not compensate you for pain and suffering, permanent disability, or the full economic impact of a serious injury. To recover those damages, you need to file a separate personal injury claim — and that claim is only available if your injuries meet the "serious injury" threshold defined under New York Insurance Law § 5102.
Serious injuries under § 5102 include significant disfigurement, bone fractures, permanent limitation of a body organ or member, significant limitation of use of a body function or system, and any medically determined injury that prevents you from performing substantially all of your daily activities for at least 90 of the 180 days following the accident.
If your injuries fall into any of these categories, no-fault is step one. Holding the at-fault party accountable is step two.
Auto Accident Cases We Handle
Every vehicle accident case has its own legal terrain. The three practice areas below cover the full range of claims we litigate — from standard car accident suits to cases involving city-owned vehicles with strict procedural deadlines.
Car Accidents
Rear-end collisions, intersection crashes, distracted driving, and failure to yield — these are the cases that make up the majority of personal injury claims in the Bronx and across New York City. I pursue pre-trial summary judgment motions on liability wherever the facts support it, establishing fault before a case reaches trial and putting real pressure on the defense to settle at full value.
City Vehicle Accidents
Accidents involving MTA buses, NYC Transit Authority vehicles, or any city-owned vehicle are governed by a separate set of procedural rules — including a notice of claim deadline that is significantly shorter than the standard statute of limitations. Missing that window can eliminate your right to recover entirely. If a city vehicle was involved in your accident, the clock is already running.
Boating Accidents
Recreational and commercial boating accidents on New York waterways involve a different liability framework than road accidents — one that intersects federal maritime law, state negligence standards, and vessel operator duties. These cases require specific experience to litigate effectively.
What Happens When the Other Driver Has No Insurance?
It's one of the most common fears accident victims bring to our first conversation — the other driver had no coverage, or not enough, and they assume there's nothing left to recover. That assumption is wrong.
New York requires drivers to carry Supplementary Uninsured/Underinsured Motorist coverage, known as SUM coverage. When the at-fault driver is uninsured or underinsured, SUM coverage allows you to make a claim against your own policy for the difference between what you're owed and what the other driver can pay. Insurance companies routinely resist these claims. I won a reported decision — Matter of Country-Wide Ins. Co. v. Ramirez (2013) — specifically on SUM coverage rights, and I know exactly where carriers push back and how to push back harder.
No insurance on the other side does not mean no recovery on yours.
A $1,500,000 Recovery Against the MTA
In Lall v. Cloonen, a pedestrian struck by an MTA bus in Queens, I secured a $1,500,000 settlement — a result featured in the NY Jury Verdict Review. MTA and NYC Transit cases are among the most procedurally demanding auto accident claims in New York. They require a timely notice of claim, familiarity with the agency's internal investigation process, and the litigation experience to take the case to the mat if the agency refuses to pay full value. This case reflects exactly that.
How I Build an Auto Accident Case
1
Establish Fault Early
Where the evidence supports it, I pursue pre-trial motions to establish liability before trial — removing the question of fault from the jury and shifting the entire fight to the value of your damages.
2
Document Every Injury and Its Impact
Serious injury threshold cases live and die on medical documentation. I work with your treating physicians and, where necessary, independent medical experts to build a record that satisfies § 5102 and quantifies your full damages.
3
Identify Every Available Source of Recovery
That means the at-fault driver's policy, your own SUM coverage, any applicable umbrella policies, and — in city vehicle cases — the municipal agency responsible for the vehicle. I don't close the file until every recovery channel has been examined.
4
Litigate Aggressively or Settle at Full Value
With over 1,000 oral arguments on motions and 500+ depositions, I know what it takes to try a case. That track record is what gives defendants and their insurers a reason to pay rather than stall.
Frequently Asked Questions About Auto Accident Claims in New York
Does no-fault insurance mean I can't sue the driver who hit me?
Not if your injuries meet the serious injury threshold under New York Insurance Law § 5102. No-fault covers your immediate medical bills and partial lost wages — it does not bar you from pursuing a personal injury claim for pain and suffering, permanent injury, or full lost income. If your injuries are significant, you likely have a separate claim available.
How long do I have to file an auto accident lawsuit in New York?
For standard car accident cases, the statute of limitations is generally three years from the date of the accident. However, if a city or municipal vehicle was involved — an MTA bus, an NYPD vehicle, a city-owned truck — you must file a notice of claim within 90 days of the accident. Missing that deadline can end your case before it begins.
What if the other driver was uninsured?
Your own auto insurance policy may include Supplementary Uninsured/Underinsured Motorist (SUM) coverage, which allows you to recover from your own carrier when the at-fault driver has no insurance or insufficient coverage. These claims require the same aggressive approach as any other — insurers do not pay them voluntarily.
What does a free consultation actually involve?
I review the facts of your accident, assess whether your injuries likely meet the serious injury threshold, identify every potential source of recovery, and tell you directly what I think your case is worth. There's no obligation, and you pay nothing unless we recover.
Do you handle auto accident cases in the Bronx specifically?
The Bronx is our primary practice location. I'm a member of the Bronx County Bar Association and have handled auto accident cases throughout the borough for over 30 years. I also represent clients in Brooklyn, Manhattan, Queens, and Westchester County.
Ready to Find Out What Your Case Is Worth?
If you were injured in a car accident, struck by a city bus, or hurt in any vehicle accident in New York, you deserve a straight answer about your options — not a sales pitch. I offer free consultations, take cases on contingency, and handle every aspect of your matter personally. Call now or submit your information and I'll be in touch the same day.
Reviewed by Eric Gottfried, Esq. — Super Lawyers honoree 2009–2026, 30+ years in New York personal injury law. Learn more on our About page.
