Can You Sue Someone For a Car Accident?
Key Takeaways
- Injured people in New York may sue an at-fault driver after a car accident when the case meets the requirements established under New York law.
- New York’s no-fault law limits lawsuits unless an injury meets the serious injury threshold.
- As of May 2026, New York removed the 90/180-day category from its serious injury definition.
- Insurance settlement offers may not fully reflect the true value of an injury claim.
- Damages available in a lawsuit may include medical bills, lost wages, and pain and suffering.
A car accident in Queens can turn a routine drive into a life-altering event within seconds. Many ask, can you sue someone for a car accident once insurance talks stall or fall short? The answer is often yes, and knowing when that path makes sense can mean the difference between a fair recovery and years of financial strain.
At the Law Office Of Cohen & Jaffe – Queens Personal Injury Lawyers, we help injured Queens residents pursue accountability after a crash, and a Queens car accident lawyer on our team can help explain how New York law applies to your specific circumstances.
Contact a Queens Car Accident Attorney Near You
Reasons To Sue Another Driver
Most car accident claims in Queens resolve through an insurance payout, but several circumstances push injured drivers toward suing another driver instead. When a driver’s carelessness, such as distracted or reckless driving, causes a crash, the injured party may have grounds for legal action. New York law requires proof of duty, breach, and the resulting injury.
Some collisions raise liability questions beyond driver error. A defective vehicle part, a poorly maintained road, or a commercial driver acting outside company policy can each provide grounds for legal action beyond a standard insurance claim. These situations usually surprise accident victims, especially when they initially assumed their case would end quietly with a settlement check.
The Role of No-Fault Laws in New York
New York operates under a no-fault insurance system, unlike many other states. Injured drivers first turn to their own insurance policy for medical expenses and lost income, regardless of who caused the crash. This system speeds up compensation, but it limits the right to sue for pain and suffering unless the injury meets a specific legal threshold under New York Insurance Law § 5104.
That threshold is known as a serious injury, a term with a legal definition rather than a general description of severity. Fractures, significant disfigurement, and permanent loss or limitation of a body part or system are among the qualifying categories. As of May 2026, New York has removed the temporary 90/180-day category, so a short-term limitation on daily activities alone no longer meets the threshold.
Once an injury satisfies New York’s legal requirements for a lawsuit, an injured person may pursue damages beyond those available through no-fault benefits, including pain and suffering where permitted by law.
Insurance Negotiations May Not Cover Your Damages
Adjusters are trained to close claims quickly, which often leaves victims with an offer that does not reflect the true cost of their injuries. Whether you can sue someone for a car accident often depends on how these negotiations unfold, not on the crash itself. Medical bills that keep growing, income lost during recovery, and long-term therapy needs usually exceed what a first settlement offer covers.
Because of this, consider speaking with a Queens car accident lawyer before accepting any settlement or signing paperwork from an insurance company. Knowing what to expect when filing an accident claim in New York helps set realistic expectations before negotiations begin. An early conversation with our team can clarify whether an offer reflects the full value of a claim or whether pursuing a lawsuit against the negligent driver would better protect a client’s financial future.
Compensation That Could Be Available to You
When a car accident lawsuit moves forward in Queens, the damages available often go beyond basic economic loss under no-fault insurance, falling into two categories: measurable financial losses and the harder-to-quantify toll an injury takes on daily life.
Common categories may include:
- Medical Expenses: Hospital bills, surgeries, and ongoing treatment tied to the crash.
- Lost Wages: Income missed during recovery, including reduced future earning capacity.
- Property Damage: Repair or replacement costs for a damaged vehicle.
- Pain and Suffering: Physical pain and emotional distress caused by the injury.
- Loss of Enjoyment: Reduced ability to participate in hobbies or daily activities.
Every case looks different, and whether you can sue someone for a car accident comes down to the severity of the injury, the strength of the evidence, and how the damages can be documented.
Contact a Queens Car Accident Lawyer Today
Every car accident case in Queens carries its own mix of insurance limits, medical bills, and unanswered questions about what comes next. At The Law Office Of Cohen & Jaffe – Queens Personal Injury Lawyers, we can answer the question, “Can you sue someone for a car accident?” and guide you through every step that follows. Contact us today at (516) 358-6900 for a free consultation.