Motor Vehicle Injuries

Representation For A Range Of Injuries

Car, truck and other motor vehicle accidents can cause a wide range of injuries, from whiplash to traumatic brain injuries. People who are seriously injured are instantly forced to deal with a number of different challenges, from trying to get medical treatment to filing a lawsuit. At Caesar & Napoli, we help people in Brooklyn, Queens and Manhattan who have been injured in motor vehicle accidents. We know that our clients are facing hardships, and we are here to fight for your rights.

When you work with our team, you know you have an experienced advocate on your side. Our attorneys have decades of experience in the area of personal injury law. Over the years, our New York motor vehicle injury lawyers have represented thousands of injured victims and have a proven track record obtaining successful settlements and verdicts.

Aggressive, Experienced Motor Vehicle Accident And Personal Injury Attorneys

At Caesar & Napoli, we represent those who have been injured in all types of motor vehicle accidents, including:

• Car accidents. Whether you were hit by a drunk driver, were involved in a hit-and-run accident, or were injured by a driver who was texting or otherwise distracted, we can help get compensation for your injuries.
• Trucking accidents. Our attorneys will scrutinize the details of your accident to determine all the potential contributors and sources of compensation available to you. Trucking accidents can cause severe injuries; we fight for a maximum settlement so you can have the resources you need to heal.
• Bus accidents. Whether you were in an accident on public transportation or a private charter bus, you deserve full compensation for an accident that you did not cause. Our attorneys can analyze the details of your case and help you get the best possible settlement in the wake of your injuries.
• Bicycle accidents. Bicycle accidents can be particularly dangerous since cyclists lack physical protection in the event of a collision with a car or other vehicle. Additionally, cars are sometimes unaware of bikers or not looking for them, creating a greater risk of an accident in the first place. If you’ve been injured in a bike accident, our lawyers will work for every penny of compensation you deserve to help pay for your injuries, lost wages and other costs.
• Pedestrian accidents. Like bicyclists, pedestrians are particularly vulnerable to injury in collisions with cars and other vehicles. If someone violated your right of way as a pedestrian and you’re down for the count, we are ready to fight on your behalf so you can focus on recovery instead of bills.
• Hit-and-run accidents. If you’ve been injured in an accident where the responsible driver sped off, you may still have recourse to collect appropriate compensation. Our attorneys can study your situation and tell you your options.
• Fatal accidents. Nothing we can do can make up for the loss of a loved one in a motor vehicle accident. But we can help to ease the financial burden you might otherwise feel in the wake of such a tragedy. Our firm will work with you with compassion and dedication to help get you the compensation you deserve.

A Strong Foundation Of Experience And Research

At Caesar & Napoli, our attorneys bring decades of experience to our practice. We make it a priority to stay up-to-date with New York case law so we know how to build effective legal strategies when representing our clients. We are highly familiar with the procedural steps involved in filing a claim, know what documentation is needed and have a range of resources we can work with on your case (if necessary). From investigating the cause and details behind the accident to reaching a verdict or settlement, we will stick by you and advocate for your interests.

Make Your Appointment Today

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766. Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.

New York Is a No-Fault State, and That Trips People Up

After a crash in New York, your own insurance pays first regardless of who caused it. That is what no-fault means, and it comes with a deadline most people have never heard of.

• The no-fault application is generally due within 30 days of the accident. This is the single most commonly missed deadline after a crash. Miss it and basic benefits can be denied even in a clear liability case.
• Basic no-fault coverage in New York is 50,000 dollars. It pays medical treatment, a portion of lost earnings and certain other expenses. It does not pay for pain and suffering, and it does not depend on proving fault.
• Medical bills should be submitted to the no-fault carrier promptly. Providers have their own billing deadlines, and unpaid bills have a way of landing back on the injured person.
• Keep going to appointments. No-fault carriers schedule independent medical examinations, and a gap in treatment is routinely used to cut benefits off.

The Serious Injury Threshold

Because New York is a no-fault state, you generally cannot sue the other driver for pain and suffering unless your injury meets the statutory definition of a serious injury. The Insurance Law defines that by category, including death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation, significant limitation of use, and a medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident.

Whether an injury clears that threshold is one of the most heavily litigated questions in New York auto cases, and it turns almost entirely on the medical documentation. Objective findings, imaging, range of motion measurements and a consistent treatment record matter far more here than how badly someone felt at the scene. Claims for economic loss beyond the no-fault limits, such as continuing lost earnings, are handled separately from the pain and suffering question.

When the Other Driver Has No Insurance or Not Enough

New York’s minimum liability limits are low relative to the cost of a serious injury, and a meaningful number of drivers carry nothing at all. Two routes commonly matter. Uninsured and supplementary underinsured motorist coverage under your own policy can apply where the at fault driver has no coverage or too little. Where there is no applicable policy at all, the Motor Vehicle Accident Indemnification Corporation may be an avenue. Both carry their own notice requirements that run much faster than the three year lawsuit deadline, so checking your own policy early is worth doing.

Deadlines After a Motor Vehicle Accident

The no-fault application is generally due within 30 days. Most lawsuits for injury must be started within three years of the crash, and wrongful death claims within two years of the death. If a city bus, a transit authority vehicle, a sanitation truck or another government vehicle is involved, a written Notice of Claim is generally required within 90 days and the lawsuit within one year and 90 days. Uninsured and underinsured motorist claims have separate notice requirements set by your own policy.

Motor Vehicle Accident Questions We Hear Most Often

The other driver was clearly at fault. Why is my own insurance involved?

Because New York is a no-fault state. Your own carrier pays initial medical treatment and lost earnings regardless of fault, up to the policy’s no-fault limit. Fault becomes the issue for pain and suffering and for losses beyond that limit.

I felt fine at the scene and declined the ambulance. Does that hurt my case?

It is an argument the other side will make, but it is common and not fatal. Neck and back injuries in particular often present hours or days later. Getting examined promptly once symptoms appear, and being accurate about when they started, is what matters.

Should I give the other driver’s insurer a recorded statement?

You are not obligated to. Those statements are taken to be used later, and they are often requested before anyone knows the extent of the injuries. It is reasonable to speak with an attorney first.

What if I was a passenger, a pedestrian or on a bicycle?

New York’s no-fault system generally covers pedestrians and cyclists struck by a motor vehicle, and passengers are covered as well. Which policy responds depends on the circumstances, which is worth sorting out early because of the 30 day filing deadline.

What if the crash involved a rideshare vehicle or a commercial truck?

Coverage is usually larger and more layered, and more parties may share responsibility, including a motor carrier, a broker, a maintenance contractor or a vehicle owner. Commercial vehicles also generate records such as driver logs and electronic data that can disappear on a retention schedule, so preservation requests should go out quickly.

What does it cost to have my case reviewed?

Initial consultations are free. Most personal injury cases at the firm are handled on a no-win, no-fee basis, which means attorney’s fees are owed only if there is a recovery.

The information on this page is general and is not legal advice. Deadlines, coverage and outcomes depend on the specific facts of each case and on the policies involved.