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Ruth Brown, a dedicated bus driver with a passion for traveling, crocheting, and discovering new foods, never expected her routine day at work to take a life-changing turn. While on the job, Ms. Brown’s bus was struck by another vehicle, leaving her shaken and uncertain about what to do next. Determined to understand her legal options, Ms. Brown reached out to the trusted attorneys at Hill & Moin, LLP.

From the moment she stepped into their office, Ms. Brown felt supported. The attorneys carefully walked her through a clear and compassionate game plan for her personal injury case. Ms. Brown appreciated how informative the team was, especially their commitment to keeping her in the loop every step of the way.

Thanks to the dedication and hard work of Hill & Moin, Ms. Brown’s case was successfully settled for $850,000. With her settlement in hand, Ms. Brown is now excitedly considering a new car and embracing the future with confidence. She describes the team at Hill & Moin as feeling “like family” and didn’t hesitate to leave a glowing 5-star review. “I’d recommend Hill & Moin to everyone—I wouldn’t even think twice,” Ms. Brown says.

Her story is a testament to what’s possible when compassionate legal care meets determined advocacy.

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If you’ve ever been in a car accident in New York, you probably remember the chaos: the screech of brakes, the sudden jolt, and the scramble to figure out what happens next. In those confusing moments, a term you may hear tossed around—perhaps for the first time—is no-fault insurance. It sounds reassuring. But what does it actually mean? And more importantly, how does it affect you?

At Hill & Moin LLP, we’ve spent decades helping accident victims navigate the maze of insurance claims and personal injury law in New York. No-fault insurance is one of those topics that comes up often—and understandably so. It’s a unique system, and like many things in the legal world, it has its nuances.

Let’s walk through what no-fault insurance really is, how it works in New York, and what you need to watch out for if you’ve been injured in a car accident.

What is No-Fault Insurance?

New York is one of just a handful of states that follows a no-fault insurance system. Essentially, it means that after a car accident, your own insurance company pays for your basic medical expenses, lost wages, and other reasonable costs—regardless of who caused the crash.

Yes, you read that right. Even if the other driver ran a red light, your insurance provider steps in to cover certain expenses. The system is designed to speed up the compensation process and reduce the number of lawsuits clogging up the courts.

But here’s the catch: no-fault doesn’t cover everything, and it doesn’t mean you can’t sue. We’ll get to that in a bit.

What Does No-Fault Insurance Cover?

Under New York’s no-fault law, your insurance company (not the other driver’s) must pay for certain “basic economic losses.” This includes:

• Medical bills: doctor visits, hospital stays, surgery, medication, rehabilitation, and more.
• Lost wages: up to 80% of your lost earnings, capped at $2,000 per month for up to three years.
• Out-of-pocket expenses: transportation to medical appointments, household help, and other reasonable costs related to your injury.
• A $2,000 death benefit: in tragic cases where someone dies as a result of the accident.

All of this is subject to a $50,000 limit per person, unless you’ve purchased additional coverage. These benefits are often referred to as Personal Injury Protection (PIP) coverage.

Importantly, no-fault insurance does not cover damage to your vehicle, pain and suffering, or expenses above the policy limit. Those are addressed separately, often through lawsuits or other insurance claims.

Who is Covered Under No-Fault?

New York’s no-fault law applies to:

• Drivers and passengers of insured vehicles
• Pedestrians struck by a car
• Cyclists, in some cases

It doesn’t apply to:

• Motorcyclists (a key exception)
• People injured while committing a felony or fleeing police
• Accidents outside of New York (with some exceptions)

If you’re unsure whether you’re covered, it’s best to speak with a knowledgeable personal injury attorney—like someone from our team at Hill & Moin—who can review your case and offer clear guidance.

What Happens After an Accident?

After an accident, time is of the essence. New York’s no-fault system has strict deadlines:

• You must file a no-fault application within 30 days of the accident. Miss this window, and you could lose your right to benefits.
• Medical providers must submit bills within 45 days of treatment.
• Lost wage claims must be submitted every 30 days with proof of disability.

These rules can feel overwhelming when you’re already dealing with pain, confusion, and disruption to your daily life. But missing a deadline can jeopardize your claim—and that’s where we often step in to help.

We recommend reviewing our What Makes a Good Case? guide to get a sense of how to preserve your rights early in the process.

Can You Still Sue the At-Fault Driver?

Here’s where things get interesting. While no-fault insurance covers basic economic losses, it doesn’t compensate you for pain and suffering or serious, long-term injuries. For that, you may need to file a personal injury lawsuit against the at-fault driver.

But under New York law, you can only sue if your injuries meet the “serious injury threshold”. What does that mean?

The law defines a serious injury as:

• A fracture
• Significant disfigurement
• Permanent limitation of a body organ or member
• Significant limitation of use of a body function or system
• Full disability for at least 90 of the 180 days following the accident

It’s not always clear whether an injury qualifies. For example, a herniated disc may not sound serious at first, but it can lead to chronic pain and missed work. In cases like these, our team carefully examines the medical evidence to determine whether your injury meets the legal criteria.

Common Pitfalls to Avoid

We’ve seen countless cases where well-meaning people unintentionally hurt their own claims. Some common mistakes include:

• Waiting too long to see a doctor
• Failing to file the no-fault application in time
• Downplaying injuries to insurers
• Posting about the accident on social media

Insurance companies—yes, even your own—may look for ways to deny or minimize your claim. That’s why it’s so important to document everything, follow medical advice, and speak to an attorney as soon as possible.

A Real-Life Story: Maria’s Case

Maria was a home health aide driving to a client’s apartment in Queens when another car rear-ended her at a stoplight. At first, she felt fine—just a little shaken. She didn’t go to the hospital. But over the next few days, her neck stiffened and the headaches started.

She finally saw a doctor and learned she had a cervical disc injury. By the time she filed her no-fault application, the 30-day deadline had passed. Her lost wages weren’t covered. Worse, her injury worsened, requiring physical therapy and injections.

When Maria came to Hill & Moin, we helped her gather the medical records and documentation needed to pursue a claim against the at-fault driver. Ultimately, she received a settlement that covered her pain and suffering and gave her a financial cushion while she healed.

When to Call an Attorney

If you’ve been in a car accident in New York, don’t try to figure this out alone. Between the tight deadlines, complex definitions, and insurance red tape, it’s easy to feel lost. That’s where we come in.

At Hill & Moin LLP, we take pride in helping real people—like Maria—get the care and compensation they deserve. We treat every case with compassion and tenacity, because we know how much is at stake.

Your story matters. Let us help you tell it—and fight for the outcome you need.

Call us today at (212) 668-6000 or schedule a free consultation.

External Sources Used:

• NY Dept. of Financial Services – PIP Basics
• NY Senate Law – Serious Injury Threshold
  

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While commuting through downtown Manhattan on a scooter, a Ukrainian man was struck in a crash that dramatically altered his life. A routine ride quickly turned into a significant ordeal when a truck collided with his scooter, causing serious injuries to his hips and legs. The physical pain and long recovery were compounded by uncertainty and the emotional toll of the accident. Amid the chaos, P.V. carefully searched for the dedicated legal support required to move forward.

From the initial contact with Hill & Moin, he experienced capable and compassionate legal assistance. The attorneys approached the case with urgency and care, treating every aspect with the seriousness it warranted. The legal team conducted a thorough investigation, kept P.V. informed throughout the process, and ensured that his concerns and voice were heard during every phase of the legal proceedings. Their work extended beyond paperwork—they prioritized treating P.V. with respect with proper legal translation from the firm’s paralegals. P.V. expressed appreciation for the firm’s superb translation services and unwavering attentiveness—qualities that earned Hill & Moin a five-star rating for client service. While expressing his involvement with Hill & Moin, he stated no changes were necessary for a better experience.

Every step of the way, the bilingual team ensured that P.V. clearly understood his rights, the legal proceedings, and the medical documentation necessary to build a strong case. With the firm’s support, P.V. secured a proper and meaningful settlement. The outcome represents an important step forward towards resolving the pain and suffering incur on that fateful day. P.V. plans to use the settlement funds to continue medical treatment and physical therapy, as lingering health challenges from the accident remain. His goal is to regain full mobility and reclaim the quality of life that was disrupted on that difficult day.

Hill & Moin is proud to have played a role in P.V.’s pursuit of justice and healing. The firm’s attorneys fight for every client with the same commitment and compassion as they would for their own family. His resilience and determination serve as an inspiration to the entire team. Hill & Moin extends sincere gratitude for the trust placed in their services and wishes P.V. continued recovery, strength, and success in all future endeavors.

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CK is a loving mother who enjoys cooking and spending quality time with her young son. One morning, on her way to school, her day took a devastating turn when another vehicle suddenly sideswiped her car. The impact left her shocked and injured, requiring immediate medical attention. She was rushed to the emergency room, where she was treated for multiple injuries. The experience was overwhelming, and CK didn’t know where to turn for help.

Thankfully, CK was referred to the experienced attorneys at Hill & Moin, LLP. From the very first conversation, the team made her feel supported and informed. They explained her legal options clearly and kept her updated throughout the entire process. “They were outstanding,” CK shared, emphasizing how much she appreciated their constant communication and dedication. With their help, CK’s case was resolved successfully, and she received a $650,000 settlement.

Now on the road to recovery, CK is looking forward to brighter days ahead. She plans to take her son on a relaxing Caribbean vacation—a much-needed break after such a difficult journey. The settlement has brought her both peace of mind and a sense of justice. Reflecting on her experience, CK is deeply grateful for the support she received. When asked to rate Hill & Moin, she gave them a confident five stars.

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Xavier Martinez had a routine scooter ride turn into a nightmare when he was struck by another driver, suffering painful injuries to his leg and knees. The road to recovery was long—but thankfully, he didn’t have to go through it alone. He needed a legal team that would fight for him and ensure he was compensated fairly—not just for his medical bills, but for his pain, suffering, and long-term recovery. The attorneys at Hill & Moin took on the case with urgency and care, digging into the details, communicating regularly with the client, and making sure he felt heard and supported at every step. From the moment he contacted the firm, they made it their mission to support him not just as legal representatives, but as people who truly cared about his well-being.

He later described his experience with them as excellent and gave us a 5 out of 5 rating for our service—a reflection of the hard work, dedication, and compassion our team strives to deliver in every case. Beyond the legal work, what meant the most to Xavier was the courtesy and professionalism of our staff. From the front desk to the legal team, every interaction made a positive impression. He felt respected, informed, and—most importantly—valued.

Thanks to the team’s efforts, we were able to secure a settlement that went beyond what he expected. He told us he plans to use the money to buy a car for his wife and make improvements to their home in the Dominican Republic—a meaningful step forward after an incredibly difficult time.

We are deeply grateful for this client’s trust and proud to have played a role in helping him move forward. His story is a testament to the power of strong legal representation, and the importance of choosing a team that puts people first. When someone places their trust in us after a traumatic event, we take that responsibility seriously. If you or someone you know has been injured in a motorcycle accident, don’t face the aftermath alone. Contact Hill & Moin today. We’ll fight for the compensation you deserve—and the peace of mind you need.

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In 2022, an estimated 10.8 percent of New York drivers were uninsured. This staggering fact supports the need for uninsured motorist coverage for the average New York driver. When it comes to car insurance, many drivers focus on basic coverage requirements and overlook the value of additional protections, such as uninsured motorist coverage.

In New York, where motor vehicle accidents are unfortunately common, having this coverage is essential for protecting yourself and your family. Whether you’re involved in an auto accident with an uninsured or underinsured driver, this coverage can ensure that you don’t have to bear the financial burden of medical costs, lost wages, and other expenses that arise from such incidents.

If you’ve been involved in a car accident, don’t hesitate to get help. Contact a New York car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys can evaluate your unique case for free and explain how we can assist you. 

Underinsured Motorist Coverage vs. Uninsured Motorist Coverage

Uninsured and underinsured motorist coverage helps to cover expenses such as medical costs, lost wages, and property damage when the at-fault driver doesn’t have adequate insurance to cover your losses. While both uninsured and underinsured motorist coverage protects you in the event of an accident, they differ in how they handle the situation.

Uninsured driver coverage applies when the at-fault driver doesn’t have any auto insurance at all. On the other hand, underinsured driver coverage comes into play when the at-fault driver has insurance, but their coverage limits are insufficient to cover your expenses fully. Which type of coverage may come into play depends on the circumstances surrounding your accident.

For example, if you are in a car accident with an underinsured driver who only has the minimum coverage required by New York law, but your medical bills far exceed their coverage limits, underinsured driver coverage can help you recover the remaining costs.

These are both important aspects of your auto insurance policy to ensure you have sufficient protection in the event of an accident involving an uninsured or underinsured motorist.

The Role of Liability Insurance and Bodily Injury Liability Coverage

When it comes to car insurance, liability insurance coverage is a fundamental requirement. In New York, drivers are required to carry liability coverage, which helps cover the costs associated with damage or injuries you cause to others in an accident. Basic liability insurance has its limitations, and you should understand where your coverage ends.

Bodily injury liability coverage, a part of liability insurance, helps cover medical expenses, pain and suffering, and lost wages for the other driver if you’re at fault in a car accident. This part of liability insurance may even cover the other driver’s legal fees if you are considered to be at fault for the accident.

However, liability only covers the costs associated with the other party’s injuries or damages. It doesn’t help with your own medical bills, lost wages, or property damage. That’s where your essential uninsured or underinsured motorist coverage comes in, ensuring that you’re protected if the other driver does not have sufficient insurance coverage.

Why Do You Need Uninsured Motorist Coverage in New York?

In New York, the law mandates that drivers carry a minimum amount of liability car insurance and uninsured motorist coverage. Unfortunately, though, this doesn’t always mean that the at-fault driver will have enough coverage to pay for all the damages resulting from an accident.

Many drivers on the road may have the bare minimum insurance policies, leaving you with a significant financial burden if you’re injured in an accident with an uninsured or underinsured driver.

Without additional uninsured driver coverage, also known as Supplemental Uninsured Motorist or SUM coverage, you may have to rely solely on your own auto insurance company or personal assets to cover your medical expenses and damages.

This can be particularly problematic if you’re involved in a serious accident that results in high medical costs and lost wages. Even worse, if the at-fault driver doesn’t have insurance, you may struggle to recover compensation for your injuries.

Uninsured motorist coverage is also invaluable in the case of a hit-and-run accident. If the at-fault driver flees the scene, leaving you with no way to identify him or his insurance, uninsured driver coverage can step in to cover your medical bills and other expenses.

In New York, hit-and-run accidents can be common, but UM coverage can provide the peace of mind that comes from knowing that you won’t be left without financial protection.

No-Fault Insurance and Personal Injury Protection

New York is a no-fault insurance state, which means that, regardless of who is at fault in an accident, your own insurance company policy will cover your medical expenses and lost wages up to the policy limits. This no-fault insurance coverage is provided through personal injury protection (PIP) coverage, which is mandatory under New York state law.

While no-fault insurance helps cover immediate medical expenses and lost wages, it may not be enough to cover serious injuries or significant property damage fully. This is where uninsured or underinsured motorist or SUM coverage becomes essential.

If you’re injured in an accident with an uninsured or underinsured driver, your own insurance policy can help cover expenses that exceed the no-fault coverage, such as medical costs, pain and suffering, and lost wages beyond what PIP provides.

Compassionate Legal Help From Your “Lawyer in the Family”

Uninsured motorist coverage is an essential part of any comprehensive auto insurance policy in New York. With the high number of uninsured and underinsured drivers on the road, it is critical to ensure you have adequate protection in the event of an auto accident.

This coverage can help you recover compensation for medical expenses, lost wages, and property damage caused by an uninsured or underinsured driver. By adding this coverage to your policy, you can have peace of mind knowing that you are financially protected, regardless of the at-fault driver’s insurance situation.

When facing a personal injury or car accident with a long recovery time – we often wish we had done certain things sooner, and talking about uninsured insurance coverage might be one of them. So take action now!

Get personalized advice and Personal Injury Recovery SolutionsⓇ in a free consultation today – just call Hill & Moin at (212) 668-6000. We have been told by clients that having our team is like having “a lawyer in the family” – because we care about you and your rights.

Don’t wonder about your rights!

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In the spring, while walking in his neighborhood of Great Neck, NY, YZ was struck by a vehicle while proceeding across Middle Neck Road in the crosswalk. The impact caused him to fall to the ground, resulting in injuries to several areas of his body. Concerned for their father’s well-being, YZ’s family reached out to Hill & Moin, LLP to investigate and litigate on his behalf. YZ met with the experienced attorneys at the firm, who worked with him to strategize a plan that would ensure he received the care he needed and the compensation he deserved.

Throughout the entire process, YZ and his family were kept well-informed at every step. YZ was particularly impressed by the kindness and character of the Hill & Moin team, remarking that the experience went as smoothly as possible under the circumstances. The firm’s dedication and support left YZ very satisfied with the outcome of his case.

In the end, YZ was awarded a settlement of $800,000. When asked how he would rate his experience with Hill & Moin, LLP on a scale of 1 to 5, YZ gave them his lucky number—7! With his case behind him and the financial relief secured, YZ is now looking forward to the future with hope, knowing that he can finally move on from this traumatic chapter of his life. He remains grateful to Hill & Moin for the care and dedication they provided throughout his case and the spectacular result.

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New York City is home to one of the most extensive public transportation networks in the world. According to one report, 56 percent of New Yorkers travel on public transportation, using it 3.8 billion times each year. With so many commuters on the go each day, accidents are bound to happen.

When you’re injured on New York’s bustling transit systems, the road to recovery is often filled with confusion and uncertainty. Each mode of transit has its own set of operational practices, regulatory requirements, and – consequently – unique liability issues when accidents occur.

Fortunately, understanding your legal rights can make all the difference. This comprehensive guide will walk you through the unique landscape of New York public transportation, answer popular questions, explain the legal process, and show how Hill & Moin LLP can help you secure the compensation you deserve.

Who Is Liable for New York Public Transportation Accidents?

If you’ve been injured in a bus accident or some other public transportation incident, you probably have many questions. Who is responsible if the driver makes a mistake? What if a transit authority fails to maintain the vehicles? And what happens when several parties are involved? These are common concerns among accident victims, and understanding the answers can help demystify the legal process.

The answer lies in identifying the appropriate transit agency and determining whether such an accident occurred due to driver negligence, inadequate maintenance, or a combination of factors involving multiple entities.

The most common carrier accidents happen due to:

• Driver error: Fatigue and mistakes such as misjudging distances, failing to signal, or ignoring traffic laws can result in collisions
• Distracted driving: Activities like using a mobile phone or interacting with passengers can divert attention from the road
• Inadequate training: Drivers lacking proper training may be ill-equipped to handle challenging driving conditions or emergency situations
• Mechanical failures: Poor vehicle maintenance can lead to brake failures, tire blowouts, or engine malfunctions, increasing the risk of accidents
• Pedestrian actions: Jaywalking or inattentive pedestrians can unexpectedly enter bus lanes, leading to potential collisions
• Erratic driving: Motorists who drive unpredictably, such as sudden lane changes or failure to yield, can create hazardous situations for buses
• Impaired driving: A driver under the influence of alcohol or drugs poses a significant threat to all road users, and the chances of a bus accident happening are high

The Difference Between Public- and Private-Owned Transportation in New York

While private transportation services have their own set of liability rules, public transportation systems are managed by government agencies or large, self-insured entities.

Other differences include:

• Public transportation and transit: Fully or partially owned and operated by government entities. These include quasi-public systems like Amtrak and the MTA. Most public entities have short deadlines for filing claims. When a bus accident occurs, knowing which governmental entities control the vehicles involved is key to protecting your legal rights and obtaining fair compensation.
• Private transportation: Fully owned and operated by private companies without direct government funding or strict regulation, such as private shuttles, Uber, Lyft, and other rideshares.
• Privately-owned public transportation: Privately owned by companies or individuals but serves the public under strict government regulation. This includes Medallion Yellow cabs and other For-Hire Vehicles (FHVs) that operate with city-issued licenses or medallions.

MTA public transportation accident

The Metropolitan Transportation Authority (MTA Network) is the largest operator of subways and buses in the USA, handling over 2.6 billion rides annually. Any negligence – whether through driver error or poor maintenance – can have serious consequences for many people.

The MTA is governed by the New York City Transit Authority (NYCTA), which covers up to a predetermined amount in no-fault benefits for reasonable economic damages. If you were a pedestrian injured on an MTA bus or subway, you must first file a claim through your own no-fault insurance coverage.

If you do not have coverage, you can submit a notice of claim to the agency’s No-Fault Claims Department soon after the accident occurs. The time limit to file a claim with the transit agency is different from the statute of limitations for pursuing a personal injury lawsuit.

In the notice of complaint form, you must include the time, date, and location of the event. You should also write a thorough description of what happened. Evidence in support of your claim will also help.

Additionally, a 50-H hearing, also known as a “statutory hearing,” is typically required before you can start a lawsuit against the MTA. Do not delay seeking the help of a lawyer who can help you properly prepare and submit your claim. If the MTA does not respond or pay within a reasonable timeframe, you can pursue legal action in court or file a complaint with the state.

Filing a notice of claim is among the first steps to seeking compensation with not only the MTA but also most government-owned public transportation and other agencies, including the following.

The Port Authority PABT and PATH systems

Located in Manhattan, the Port Authority Bus Terminal (PABT) is the busiest bus terminal in the world by volume, serving about 225,000 people on an average weekday and more than 65 million annually.

The Port Authority Trans-Hudson (PATH) system spans approximately 13.8 miles, connecting Manhattan with New Jersey’s urban communities. Since PABT bus operators and PATH cross state lines, when a train or bus accident occurs, the process of submitting a notice, filing a complaint, and pursuing a lawsuit may differ for your claim.

Additionally, the filing deadline is shorter than for personal injury cases or claims against the government. An experienced personal injury attorney can provide personalized legal guidance that enables you to make an informed decision.

Taxi and for-hire vehicles

Outside of NYC, taxicabs aren’t typically considered public transportation, but New York law considers them a “vital and integral part of the transportation system.” Taxis and for-hire vehicles (FHVs), such as the iconic Yellow Cab, are thus considered to be privately owned public transportation governed by the New York Taxi and Limousine Commission (TLC).

When an accident involving a taxi occurs, determining who is responsible and seeking compensation can be complex. There are differences in insurance requirements between various types of taxicabs.

All licensed taxi drivers, including individuals, must carry:

• No-fault insurance
• Third-party liability coverage on personal vehicles
• Liability coverage
• At least the minimum for injury or property damage
• No less than the maximum for bodily injury or death

Public taxi companies, also known as for-hire vehicle fleets, must possess the following coverage:

• The minimum liability per person per vehicle
• The minimum CSL per occurrence
• The minimum PIP (Personal Injury Protection)
• Personal injury insurance coverage for each vehicle
• The minimum coverage per occurrence for larger vehicles

E-Hail yellow and green taxicab providers must carry for each accident:

• Commercial General Liability Insurance
• Business Automobile Liability Insurance per occurrence
• Crime Insurance and Professional Liability Insurance per occurrence

Coverage for Medallion taxicabs, which are often driven by individual owner-operators or contractors, must include:

• The minimum liability coverage per person
• The minimum coverage per occurrence CSL
• The minimum Personal Injury Protection

According to one study, the majority of taxi drivers in the city are independent contractors while there are many unlicensed taxis as well. Why does that matter? Most hard-working independent drivers must carry their own commercial insurance and liability policies, which may provide less coverage than larger companies.

If your losses exceed an underinsured driver’s policy, you could have a long road to compensation and recovery ahead of you.

Unfortunately, many illegal cabs are also uninsured or only have the bare minimum insurance required of all NYC motorists. Since most personal insurance policies do not cover commercial use, injury victims harmed in an illegal cab accident may have difficulty getting monetary compensation.

If you are involved in a taxi collision, gather:

• The driver’s personal details
• Taxi medallion/cab number
• License plate number
• Insurance information
• Evidence from the scene

Multi-Party Public Transportation Accidents and Insurance Companies

Most public transit providers maintain commercial liability insurance or are self-insured. If multiple parties are involved, your claim might need to be coordinated among several insurers.

Negotiations with insurance companies and government entities can be challenging, and having experienced legal representation is helpful.

Our team can help you seek compensation for economic damages such as:

• Medical expenses: Costs for treatments, surgeries, medications, and rehabilitation
• Lost wages: Compensation for income lost due to the accident
• Property damage: Repair or replacement of damaged property

Understanding Your Legal Options

Along with the filing processes mentioned previously, you should seek an attorney’s guidance to develop a more thorough understanding of New York law. Be sure to take the following steps to build a strong personal injury claim or lawsuit.

Step 1: Seek medical attention immediately

Your health is paramount. Even if injuries seem minor, prompt medical treatment is essential – not only for recovery but also for creating a documented record of your injuries.

Step 2: Contact the police 

Call the police and ensure an official report is filed. A police report provides a neutral account of the accident and identifies the parties involved.

Step 3: Gather evidence

Collect as much evidence as possible, including:

• Photos and videos: Capture the accident scene, vehicle damage, and your injuries
• Witness information: Secure contact details and witness statements from anyone who saw the accident
• Medical records: Keep detailed records of emergency room visits, treatments, medical expenses, and medications
• Financial records: Track your lost wages and other financial losses so you can recover money; you may even be compensated for lost income-earning ability

Step 4: File your New York public transportation claim or lawsuit

With legal assistance from your attorney, you can file an injury claim against the responsible bus company, governmental entities, or another responsible party.

Your legal team can help with submitting evidence and working through negotiations with insurance companies or governmental entities. If necessary, your accident lawyer can take your case to court.

How Hill & Moin LLP Can Support Your Journey

At Hill & Moin LLP, we understand that public transportation accidents not only cause physical pain but also financial hardship, perhaps disrupting your life in ways you never imagined. However, you may find reassurance in the fact that New York’s legal system provides injured victims with multiple avenues to seek justice and recover compensation.

When our personal injury law firm takes on your case, we will support you every step of the way. Our goal is to make the legal process as understandable and stress-free as possible.

If you or a loved one has been injured while using public transportation in New York, do not face the aftermath alone. Contact the law firm of Hill & Moin LLP today to schedule a free consultation and learn your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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Did you know that distracted driving is one of the leading causes of car crashes in NYC? According to the New York City Department of Health and Mental Hygiene’s Epi Data Brief No. 87 for 2015, 19 percent of NYC drivers 18 years and older texted or emailed while driving. Distracted driving has led to increasingly severe accidents and complex legal cases.

Living in a bustling city like New York means dealing with distracted drivers is an unfortunate reality. Between delivery vehicles rushing to meet deadlines, taxi drivers, or rideshare drivers checking their apps, and everyday commuters multitasking behind the wheel, the risks continue to grow.

This comprehensive guide examines how New York’s distracted driving laws influence accident claims, legal consequences, insurance coverage, and the compensation you may be entitled to receive.

How Compensation Works in NYC Car Accident Cases

New York uses a “no-fault” insurance system. This means your insurance provider will offer initial coverage for medical costs and lost pay regardless of who caused the accident. If distracted driving causes significant injuries, you may be eligible for further compensation.

What is compensation?

Compensation, also known as compensatory damages, is the money a victim receives after filing a car accident claim. Compensatory damages help injured victims recover losses after a car accident. These damages include both present losses and future costs associated with your injury.

Can anyone get compensation after a car accident?

Receiving compensation for accidents that happened because of distracted driving is not as easy as some may think. Key factors come into play.

Firstly, insurance companies must examine a variety of criteria when determining compensation, including:

• The severity of the injuries experienced
• The impact on your capacity to work
• The overall effect on your quality of life

The presence of distracted driving often strengthens claims for additional compensation.

What is negligence in a car accident claim?

With distracted driving cases, as with any other car accident case, you have to prove that the other driver was negligent.

An experienced lawyer can help you gather evidence to prove the distracted driver was doing things such as the following:

• Texting
• Eating
• Grooming
• Watching a video

How Distracted Driving Impacts Compensation

The link between driver conduct and settlements for damage is important in distracted driving cases. Insurance companies and courts view accidents caused by distracted driving as serious forms of negligence that could have been avoided. This often leads to higher compensation payments for injured victims.

Strong evidence can support a distracted driving injury claim and increase the chances of maximum compensation. Key types of evidence include:

• Cell phone records can prove the at-fault driver was texting or calling at the time of the crash
• Witness statements provide firsthand accounts of distracted driving behavior
• Medical records show the full extent of injuries and link them to the accident
• Injury documentation strengthens the argument for fair compensation
• Psychological impact and trauma can influence non-economic damage awards

When combined, this evidence builds a compelling case for holding distracted drivers accountable.

Types of Damages in NYC Car Accident Cases

Personal injury damages are the financial compensation awarded to injured car accident victims.

These damages are broken up into 3 categories:

1. Economic damages
2. Non-economic damages
3. Punitive damages

Economic damages in a personal injury claim

Medical expenses form a significant portion of economic damages in distracted driving accident cases.

Medical costs may include:

• Emergency treatment
• Hospital stays
• Surgeries
• Rehabilitation services
• Ongoing care needs

Lost wages are another major component of economic damage. When serious injuries prevent you from working, you deserve compensation for lost income and benefits.

Loss of future earning capacity is another loss your accident attorney can help calculate. This is an important consideration, especially in cases involving permanent disabilities or limitations.

Property damage claims cover vehicle repairs or replacement and any personal property damaged in the crash. Additional economic damages may include transportation costs and home modifications.

Non-economic damages in a personal injury claim

Non-economic damages compensate for the physical pain and emotional toll of an injury. These losses, while not tied to specific financial costs, can significantly impact a victim’s quality of life.

Some examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Psychological harm
• Personal testimonies and evaluations

While harder to quantify, non-economic damages are essential for securing fair compensation.

Distracted Driving Laws in New York City

New York City takes distracted driving seriously, with strict laws designed to protect everyone on the road. According to the New York State Governor’s Traffic Safety Committee, drivers are prohibited from using portable electronic devices behind the wheel. Violating this law can result in serious penalties.

Cell phone usage laws in NYC

Using a cell phone is one of the most common causes of a distracted driving accident. New York maintains strict laws regarding cell phone use while driving. Section 1225-C of the Vehicle & Traffic Law makes it illegal to use a mobile phone while driving a car unless you’re using a hands-free device.

Here’s a simple breakdown of what this means:

• You can’t hold your phone to your ear or make calls while driving, even if you’re stopped in traffic
• Holding the phone to your ear or dialing by pressing more than one button counts as using the phone
• Fines for breaking the law range in cost greatly for a first offense and repeat violations within a certain time period
• Commercial drivers are prohibited from using hand-held phones while on the road, even when stopped in traffic

There are a few exceptions to the law. You are allowed to use your phone in emergencies to contact police, fire, or medical services. Public safety officers, like police officers, can use their phones while on duty.

In-vehicle distractions

NYC traffic laws don’t just talk about cell phones – it covers any portable electronic device. Section 1225-d of the New York law discusses the restrictions on using portable electronic devices while driving.

Restricted devices include:

• Personal Digital Assistants (PDAs)
• Hand-held devices with mobile data access (like tablets)
• Laptops
• Pagers
• Broadband communication devices
• Two-way messaging devices
• Electronic games
• Portable computing devices

Basically, it refers to any device that you can use to send, receive, write, or read text for communication purposes – whether it’s a message, email, or other form of text.

Today’s vehicles come with advanced infotainment systems and displays that can easily take a driver’s attention off the road. Whether it’s programming navigation, changing the climate controls, or browsing music, these actions create dangerous distractions. To stay safe, drivers should set up everything before hitting the road and rely on voice commands whenever possible.

Other common distractions

Children and passengers can create significant distractions for drivers. Attempting to manage passenger behavior or retrieve dropped items while driving demonstrates poor judgment that endangers others. These distractions frequently contribute to serious motor vehicle accidents.

Eating and drinking can also lead to distracted driving accidents. Spills or dropped items can trigger sudden reactions that lead to crashes. Evidence of food containers or beverage spills often helps establish distracted driving as a cause.

New York’s Section 1227 bans drinking alcohol or using cannabis, as well as having open alcohol containers in vehicles on public roads. Drivers and passengers who break this rule can get a traffic ticket. However, passengers in certain vehicles with special permits are allowed to drink or have open containers.

Punitive Damages in New York City

Section 70-A of New York’s Civil Practice Law and Rules addresses the recovery of damages, like punitive damages. Punitive damages are a type of compensation awarded in addition to regular damages in a lawsuit. They are intended to punish a defendant for particularly harmful, reckless, or malicious conduct.

When Are Punitive Damages Available?

Punitive damages may be available in circumstances involving extremely excessive distracted driving behavior. These additional damages serve to punish, especially serious reckless driving conduct and deter similar reckless behavior by others.

An experienced car accident lawyer can help you gather evidence proving the following:

• The distracted driver’s willful negligence
• The driver’s conscious disregard for safety
• The driver’s history of dangerous behavior

Building a Strong Distracted Driving Case

After an accident, gathering evidence quickly and thoroughly is essential for building a strong case. Taking immediate action protects your legal rights and supports your claim.

It is important to do the following:

• Take photos of the accident scene, vehicle damage, and any visible injuries
• Collect witness contact information before memories fade
• Get a copy of the police report
• Work with a personal injury lawyer

Contacting an experienced car accident attorney early ensures that all necessary evidence is properly collected and preserved, helping you pursue the compensation you deserve.

Contact an NYC Car Accident Lawyer Today

Don’t let a distracted driving injury interrupt your life and cause serious injuries. The experienced personal injury attorneys here at Hill & Moin LLP are here to help accident victims understand the legal process and fight for the best possible outcome.

With years of experience backing us up, we have helped secure millions of dollars in compensation for injured New Yorkers. We focus on providing excellent service and strong legal representation to every client.

If you’ve been injured in a car accident, don’t hesitate to get help. Contact a New York City car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys will evaluate your personal injury case and explain how we can assist you. Let us put our Personal Injury Recovery Solutions® to work for you and fight for the compensation you deserve.

Don’t wonder about your rights!

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Getting in an NYC car accident that was not your fault is bad enough. Discovering the other driver is from another state could leave you worried that you may be unable to get the compensation you need for your injuries.

New York State’s no-fault car insurance laws protect NYC motorists, providing a capped level of benefits. However, if your accident resulted in serious injuries and your losses exceed your insurance coverage, you may need to claim from the other driver’s insurance company. This is when the situation can get complicated.

An experienced New York City car accident attorney can clarify your legal options. This post will explore the legal process involved when New York residents get hit by out-of-state drivers and how New York state laws could help you seek justice.

Making an Insurance Claim in New York

If you did not sustain serious injuries in your car accident, the same initial process applies whether the car crash was caused by an out-of-state driver or a New York resident. As a no-fault insurance state, every NYC driver must first turn to his or her own insurance company for compensation after a car accident.

No-fault insurance is also called Personal Injury Protection (PIP). The goal of PIP is to pay promptly after an accident, regardless of who was at fault, and help you return to health and productivity again.

According to the New York State Department of Financial Services, PIP covers:

• Medical expenses

• Lost earnings

• Other reasonable and necessary expenses related to injuries from your car crash

There is a cap on the amount each person can claim under no-fault insurance policies. However, a driver could be ineligible for no-fault benefits if he or she was intoxicated, committing a felony, or driving an uninsured or stolen vehicle at the time of the accident.

If you sustain a serious injury in a New York City car wreck, you are likely to quickly run up medical and other expenses above the maximum limits under no-fault insurance. This may mean that you are entitled to pursue a lawsuit to seek compensation for your losses. However, the fact that it involves an out-of-state driver could complicate matters.

An experienced New York car accident attorney can listen to your story and advise whether you can pursue additional compensation for your injuries.

Serious Injury Claims Against Out-of-State Drivers

Generally, the more serious your injuries are, the more compensation you can expect to achieve in a car accident case. However, in a car accident involving an out-of-state driver, you may not have the same legal recourse as if a New York resident driver hit you.

The first question is whether your injury qualifies as serious under New York state law.

Categorizing serious injuries in New York

Your injuries must meet the threshold for serious injuries defined by New York State Law, Chapter 28, Article 51, Section 5102, to bypass the no-fault system and file a lawsuit against the other driver.

Under this statute, serious injury includes the following:

• Death

• Dismemberment

• Disfigurement

• Fracture

• Loss of an unborn baby

• Permanent loss of use of body organ

• Significant limitation to body system or function

These laws are complex, so do not try to determine whether your car accident injuries qualify without seeking legal assistance.

Compensation in serious injury accidents

If your car accident lawyer advises that your injuries are serious enough to meet the threshold, you can pursue a wider range of damages than you can through a no-fault claim. In addition to economic compensation, such as the cost of medical treatment and lost earnings, you could also pursue compensation for non-economic losses.

These damages may include:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Loss of activities

• Loss of consortium

You may have the right to pursue compensation from the negligent driver, but the fact that he or she was from another state can make obtaining compensation more complicated.

Challenges to Pursuing Compensation From Out-of-State Drivers

Pursuing compensation from out-of-state drivers presents unique challenges. However, with an experienced New York City attorney on your side, it may be possible to find a way to obtain the compensation you are entitled to.

Is the insurance company authorized in New York?

Your personal injury lawyer will first investigate whether the other driver’s insurance company is authorized in New York. The policy must match New York’s minimum requirements if the company is authorized. New York law would apply even if the other driver is from a state that has lower minimum coverage requirements.

When the insurance company is not authorized in New York

If the negligent driver’s insurance company is not authorized in New York State, he or she could be in serious trouble. According to New York Vehicle & Traffic Law §318 Subsection 5(a & b), the out-of-state driver’s license may be revoked for driving on New York roads without insurance coverage.

However, the other driver losing his or her license is likely to be of little consolation if you are facing mounting medical expenses and other costs. One legal option open to you may be to file a lawsuit against the individual.

While it may be possible to prove he or she was liable for the car crash, obtaining a payout from an individual can be challenging. If the negligent driver has no collectible assets, obtaining the compensation you need may be impossible. A qualified and experienced New York car accident lawyer can help you explore all legal avenues for compensation, including provisions under your own auto insurance.

Uninsured and underinsured motorist insurance policies

If it is impossible to recover compensation from the negligent driver, you may be able to claim against your uninsured motorist coverage. Under New York law, all motorists must carry this insurance coverage, which protects them if they are involved in a collision with an uninsured driver.

You may also be able to claim against underinsurance coverage. This is not mandatory in New York, but many drivers purchase it to protect themselves if the other driver’s insurance coverage is insufficient to cover his or her losses.

Understanding the best route to compensation can be very confusing. That is why it is essential to secure legal representation to guide you through the process.

Give Yourself the Best Chance of Success After an NYC Car Crash

After a car accident involving an out-of-state driver, take the following steps, which could make it easier to pursue compensation:

• Call 911: The police will attend and note down the facts of the case. The police report may prove to be valuable evidence in your car accident claim.

• Seeking medical attention: Even if you feel fine, getting yourself checked by a medical professional and starting a paper trail of medical documentation is vital. This could help prove your injuries were caused by your car accident. Also, follow up on any medical treatment recommended by the doctor.

• Exchange information with the other driver: Get his or her name, address, phone number, driver’s license, license plate, and insurance information. Remain calm and do not get into any discussions about liability. Try to get the contact details of any eyewitnesses as well.

• Document the scene: If you can, take as many photos of the accident scene as possible. Try to show the damage to the vehicles, their position, and any markings on the road. Capture the weather conditions and take photos of your injuries and damaged property.

• Call a car accident lawyer: As soon as you feel well enough, arrange a free consultation with a New York City car accident attorney. Your lawyer will listen to your story and advise you on protecting your legal rights while talking to your insurance company.

It is crucial to seek legal assistance from the right car accident lawyer. The key is looking for a combination of experience, a track record of success, and a determination to fight tenaciously for the rights of NYC car accident victims.

Let Hill & Moin LLP Fight Your Out-of-State Driver Car Accident Case

At Hill & Moin, we understand that an NYC car accident can be stressful, financially draining, and physically painful. We are here to evaluate your personal injury cases, even in complex ones involving out-of-state negligent drivers. If another law firm would be better suited to take your case, we will refer you to another firm in our trusted network.

We are headed up by Melisande Hill and Cheryl Eisberg Moin, who have both been practicing law in New York for over 40 years and have recovered millions in compensation for motor vehicle accident victims. Our firm’s recent settlements include $1.7 million for an automobile accident victim and $4.85 million for a pedestrian struck by a truck.

Now is the time to discover why our clients say working with Hill & Moin feels “like having a lawyer in the family.” Do not delay. Call (212) 668-6000 to learn your Personal Injury Recovery SolutionsⓇ in a free consultation. Alternatively, complete our contact form, and we will call you back soon.

Don’t wonder about your rights!

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