1. Lever & Ecker, PLLC
Practice Focus: Car accidents, truck accidents, motorcycle accidents, construction accidents, slip and fall accidents, medical malpractice, wrongful death, premises liability
Case Types Handled: Motor vehicle collisions, commercial vehicle accidents, pedestrian accidents, rear-end collisions, intersection crashes, multi-vehicle pileups, catastrophic injury cases including brain injuries and spinal cord injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, evidence gathering, medical record analysis, expert witness coordination, wrongful death claims
Background: The firm has over 70 years of combined experience representing personal injury victims in Yonkers and throughout Westchester County. The attorneys have successfully represented thousands of clients across New York, securing multiple significant verdicts and settlements. The firm takes a hands-on approach and provides legal guidance through each step of the legal process.
Location: Westchester County, serving Yonkers, NY and surrounding areas
Contact: (914) 288-9191 | https://www.leverecker.com/
Consultation: Free initial consultation, contingency fee basis (no fee unless recovery is obtained)
2. Curan & Ahlers, LLP
Practice Focus: Car accidents, motor vehicle accidents, personal injury, traffic collision cases
Case Types Handled: Auto accidents, rear-end collisions, intersection crashes, multi-vehicle accidents, hit-and-run accidents
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, damage documentation, medical bill management
Background: The firm has been helping injured individuals in Yonkers, NY since 1986. Attorney Keith Ahlers is recognized for his professionalism, knowledge, and dedication to clients. The firm has decades of experience with auto accident-related cases and is known for fighting for fair compensation for injury victims.
Location: 14 Mamaroneck Avenue, White Plains, New York 10601 (serving Yonkers and Westchester County)
Contact: https://www.curanahlers.com/
Consultation: Free case consultation
3. Tomkiel & Tomkiel
Practice Focus: Car accidents, construction accidents, slip and fall accidents, workplace injuries, wrongful death, medical malpractice, serious injuries including head, neck, back, and spine injuries
Case Types Handled: Motor vehicle collisions, rear-end accidents, T-bone collisions, multi-vehicle crashes, pedestrian accidents, catastrophic injury cases including traumatic brain injuries and spinal cord injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, evidence collection, medical record analysis, damage calculation
Background: The firm has decades of experience handling personal injury cases in and around Yonkers. The attorneys have a track record of securing substantial compensation for clients. Notable case results include a $24 million verdict for cerebral palsy suffered by triplets due to medical malpractice, a $6.5 million verdict for brainstem injury with developmental delays, and significant recoveries in motor vehicle accident cases.
Location: Yonkers, NY
Contact: https://tomkiel.com/
Consultation: Free case evaluation, contingency fee structure (no payment unless case is won)
4. Hausman & Pendzick
Practice Focus: Car accidents, truck accidents, slip and fall accidents, construction accidents, premises liability, personal injury
Case Types Handled: Motor vehicle collisions, commercial vehicle accidents, rear-end collisions, intersection crashes, parking lot accidents, wrongful death cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, evidence gathering, witness interviews, damage documentation
Background: The firm is committed to helping clients navigate challenging personal injury cases in Westchester County. The attorneys investigate accidents, find evidence to support claims, and work to hold negligent parties responsible. The firm proudly represents clients in Yonkers, New York, Westchester County, and throughout the surrounding areas.
Location: Yonkers, New York (serving Westchester County)
Contact: https://www.hptriallaw.com/
Consultation: Free consultation
5. Fellows Hymowitz Rice
Practice Focus: Car accidents, truck accidents, motorcycle accidents, construction accidents, slip and fall accidents, medical malpractice, workplace injuries, wrongful death
Case Types Handled: Motor vehicle collisions, commercial vehicle accidents, rear-end accidents, side-impact collisions, pedestrian accidents, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, medical expense documentation, lost wage recovery, pain and suffering claims
Background: The firm has represented injury victims across Yonkers and the New York metro area for over 40 years. The legal team includes attorneys with experience on both the plaintiff and defense sides, providing unique insight into case strategy. The firm focuses on personal injury claims including motor vehicle accidents, slip and fall injuries, workplace accidents, and medical malpractice.
Location: Serving Yonkers, NY and the New York metro area
Contact: https://pilaw.com/
Consultation: Free consultation available 24/7, contingency fee basis
Car Accident Laws and Regulations in New York
Statute of Limitations for Personal Injury Claims: New York has a three-year statute of limitations for most personal injury claims arising from car accidents under CPLR 214. This means you must file a lawsuit within three years from the date of the accident. However, claims against municipalities, the State of New York, physicians, and hospitals have much shorter periods of limitation, sometimes as short as 90 days for filing a notice of claim.
Fault vs. No-Fault Insurance State Status: New York is a no-fault insurance state. This means that regardless of who caused the accident, your own insurance company pays for your medical expenses and lost wages up to your policy limits through Personal Injury Protection (PIP) coverage. However, you can step outside the no-fault system and pursue a claim against the at-fault driver if you meet the “serious injury” threshold defined by law.
Serious Injury Threshold: To sue the at-fault driver for pain and suffering in New York, you must have sustained a “serious injury” as defined by Insurance Law Section 5102(d). This includes death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 days during the 180 days immediately following the accident.
Comparative Negligence Rules: New York follows a pure comparative negligence system. You can recover damages even if you were partially at fault for the accident, but your recovery is reduced by your percentage of fault. For example, if you are found 40% at fault and your damages are $100,000, you would receive $60,000. Even if you are 99% at fault, you can still recover 1% of your damages.
Minimum Auto Insurance Requirements: New York requires drivers to carry liability insurance with minimum coverage of $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons per accident, and $10,000 for property damage (25/50/10). Additionally, drivers must carry Personal Injury Protection (PIP) coverage with a minimum of $50,000 and uninsured motorist coverage with minimum limits of $25,000/$50,000.
Personal Injury Protection (PIP) Requirements: New York requires PIP coverage of at least $50,000, which covers medical expenses, lost wages (up to 80% of actual earnings, capped at $2,000 per month), and other reasonable and necessary expenses regardless of fault.
Uninsured/Underinsured Motorist Coverage: New York requires drivers to carry uninsured motorist coverage at minimum levels of $25,000 per person and $50,000 per accident. Underinsured motorist coverage is optional but recommended.
Accident Reporting Requirements: In New York, you must report any accident resulting in injury, death, or property damage exceeding $1,000 to the Department of Motor Vehicles using Form MV-104 within 10 days.
Wrongful Death Claims: Wrongful death claims in New York must be filed within two years of the date of death. The personal representative of the estate files the claim on behalf of the decedent’s distributees.
Dram Shop Liability: New York has dram shop liability laws under General Obligations Law Section 11-101 that allow injured parties to pursue claims against establishments that served alcohol to visibly intoxicated individuals who subsequently caused accidents.
Frequently Asked Questions
Q: What is the deadline to file a car accident lawsuit in New York?
A: The statute of limitations for personal injury claims in New York is three years from the date of the accident for most cases. However, if you are filing a claim against a municipality or government entity, you typically must file a notice of claim within 90 days of the accident and then file a lawsuit within one year and 90 days. Cases involving physicians and hospitals also have shorter deadlines. Missing these deadlines can result in losing your right to pursue compensation.
Q: What is the “serious injury” threshold in New York, and why does it matter?
A: New York is a no-fault state, meaning your own insurance pays for basic medical expenses and lost wages regardless of who caused the accident. To sue the at-fault driver for additional compensation including pain and suffering, you must demonstrate that you suffered a “serious injury” as defined by state law. This includes death, dismemberment, significant disfigurement, fractures, permanent or significant limitation of use of a body part, or an injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident.
Q: How does New York’s pure comparative negligence rule affect my compensation?
A: New York follows a pure comparative negligence system, which allows you to recover compensation even if you were partially at fault for the accident. Your recovery is reduced by your percentage of fault. Unlike modified comparative negligence states, New York does not bar recovery even if you are more than 50% at fault. For example, if you are found 70% at fault and have $100,000 in damages, you would still receive $30,000.
Q: What are the minimum auto insurance requirements in New York?
A: New York requires drivers to carry liability insurance with minimum coverage of $25,000 for bodily injury to one person, $50,000 for bodily injury per accident, and $10,000 for property damage. Additionally, drivers must carry Personal Injury Protection (PIP) coverage of at least $50,000, which covers medical expenses and lost wages regardless of fault. Uninsured motorist coverage is also required at minimum levels of $25,000 per person and $50,000 per accident.
Q: Should I report my car accident to the New York DMV?
A: Yes, you must report any accident resulting in injury, death, or property damage exceeding $1,000 to the New York Department of Motor Vehicles within 10 days using Form MV-104. Failure to report can result in suspension of your driver’s license. Additionally, if police respond to the scene, they will file a police report (Form MV-104A), but this does not relieve you of your obligation to file your own report.