If you were hurt in a Long Island car accident, the legal landscape is more complicated than you’ve been told.
New York’s no-fault insurance system was supposed to make recovery simple. It didn’t. The 30-day filing deadline is unforgiving. The “serious injury threshold” decides whether you can sue for pain and suffering at all. The available coverage often involves several insurance policies stacked on each other (the at-fault driver’s, your own, the rideshare company’s, a commercial vehicle’s umbrella, the MVAIC fund), and most lawyers pursue only the obvious one.
Amparo Law Firm represents people injured on the roads of Nassau and Suffolk Counties, and pursues every layer.
Every New York auto insurance policy includes Personal Injury Protection (PIP) coverage — what people call “no-fault.” It’s mandatory, it’s $50,000 per person at minimum, and it pays for medical bills and a portion of lost wages regardless of who caused the accident.
But: you have to file the no-fault application within 30 days of the accident. Miss the deadline and PIP coverage is gone.
PIP covers: medical expenses, 80% of lost wages up to $2,000 per month, and transportation to medical appointments. PIP does not cover pain and suffering, lost wages above the cap, or damages exceeding the PIP policy limit.
Under New York Insurance Law §5102(d), you can only sue the at-fault driver for pain and suffering if your injury meets the “serious injury threshold.” Categories include death, dismemberment, significant disfigurement, fracture, permanent loss of use of a body organ, significant limitation of use of a body function, and a medically determined injury preventing normal activities for 90 of 180 days.
We pursue: the at-fault driver’s bodily injury coverage, your own SUM/UIM coverage, PIP/no-fault, rideshare coverage ($1.25 million while the driver is on a trip), commercial vehicle coverage, county bus coverage, and MVAIC for hit-and-run and uninsured-driver accidents.
A lawyer who pursues only the at-fault driver’s policy leaves money on the table. We don’t.
We represent injured people in rear-end collisions, head-on collisions, intersection crashes, hit-and-run, drunk driving accidents, distracted driving, Uber and Lyft accidents, NICE and Suffolk County Transit bus accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and truck accidents.
Uber and Lyft each carry $1.25 million in liability coverage that applies once the driver has accepted a trip. The rideshare companies don’t volunteer this. We make sure the right policy gets pursued.
On Long Island, pedestrian and cyclist crashes cluster on a handful of wide, fast corridors like Hempstead Turnpike, Sunrise Highway, Route 25, and Route 110. Many of these are state or county roads, which affects who is responsible for dangerous design and how quickly a claim must be filed. A driver’s traffic violation is often powerful evidence.
Bob Amirian’s federal-court training shapes how we develop a record even in state court. The cases we build look like federal cases: tight pleadings, organized discovery, clear theories of liability, expert reports that hold up.
Damages include medical expenses past and future, lost wages and future earning capacity, pain and suffering, loss of consortium, and wrongful death damages where applicable.
Prior results do not guarantee a similar outcome.
We take cases everywhere on Long Island, not only in the communities listed below.
New York’s No-Fault Law (Insurance Law §5103) means your own auto insurance pays your initial medical bills and lost wages up to $50,000, regardless of who caused the crash. To sue the at-fault driver for pain-and-suffering damages, your injury must meet the “serious injury” threshold in Insurance Law §5102(d) — one of nine categories: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or system, permanent consequential limitation, significant limitation, or a medically determined injury that prevents normal daily activities for at least 90 of the 180 days following the crash.
The No-Fault statute requires you to file an application (NF-2) with your own insurer within 30 days of the accident (Ins. Law §5103). Missing it can mean losing access to no-fault medical benefits — but not your tort case. Contact a lawyer immediately; some exceptions and equitable arguments may preserve benefits.
Yes, through two pathways. Your own policy’s Uninsured Motorist (UM) coverage stands in the shoes of the missing insurance. If you don’t have UM (or were a pedestrian), MVAIC — the Motor Vehicle Accident Indemnification Corporation — covers serious injuries from uninsured drivers, hit-and-runs, and stolen-vehicle crashes. MVAIC requires a Notice of Intention within 90 days of the accident.
When a rideshare app trip is active (driver is en route or you’re in the car), the rideshare company’s commercial policy provides $1.25 million in liability and uninsured/underinsured motorist coverage in New York. This stacks on top of the driver’s personal policy. The trip status at the moment of the crash determines which layer applies — preserve trip-record evidence early.
Three years from the date of the accident for personal injury (CPLR §214(5)). If the at-fault vehicle belongs to a county, town, or village (a NICE or Suffolk County Transit bus, a town truck, a police car), you must file a Notice of Claim within 90 days under GML §50-e and then a Summons & Complaint within one year and 90 days. The municipal deadline is unforgiving; act quickly.
Photos of vehicle damage, the scene, and any visible injuries. The other driver’s license, registration, and insurance card. Witness names and phone numbers. The police report number and the responding officer’s name. If you went to the hospital, every discharge paperwork. If a rideshare or commercial vehicle was involved, screenshot your trip record or the company name on the vehicle. Don’t post about the crash on social media until you’ve talked to a lawyer.
