Staten Island Car Accident Lawyer Fighting for You
On the Staten Island Expressway, Hylan Boulevard, and local streets, crashes happen fast. We protect injured drivers and passengers.
Car Crashes on Staten Island Roads
As the most car-dependent borough, Staten Island sees heavy traffic on the Staten Island Expressway (I-278), Hylan Boulevard, Richmond Avenue, and the approaches to the Verrazzano and Goethals bridges. Serious collisions are common. Our car accident attorneys help injured Staten Island drivers, passengers, and pedestrians recover what they are owed.
New York No-Fault and the Serious Injury Threshold
New York is a no-fault state, so your own insurance pays initial medical bills and a portion of lost wages regardless of fault under Insurance Law § 5104. To step outside no-fault and sue the at-fault driver for pain and suffering, your injury must meet the “serious injury” threshold of Insurance Law § 5102(d), which includes fractures, significant limitations, and permanent injuries. We document your injuries to satisfy that standard.
When the Other Driver Is Uninsured
If the at-fault driver has no insurance or flees the scene, your own uninsured and underinsured motorist (UM/SUM) coverage may apply. These claims have strict notice rules, and we make sure they are filed correctly and on time.
Damages in a Staten Island Car Accident Claim
Beyond the no-fault benefits that cover initial bills, a serious-injury claim against the at-fault driver can recover full lost wages, future medical care, property damage, and pain and suffering. The value turns on the severity and permanence of your injuries and the available insurance. We coordinate the no-fault and bodily-injury claims, deal with the adjusters, and make sure deadlines for every coverage, including UM/SUM, are met.
Talk to a Staten Island Car Accident Lawyer
We handle the no-fault paperwork, the insurers, and the litigation, and prepare every case for trial in Richmond County. You owe nothing unless we win. Contact us for a free consultation.
What it costs to hire a Staten Island car accident lawyer
The case review is free, and the representation is on a contingency fee. The fee is a share of the recovery, agreed in writing before any work starts, and there is no fee if the case does not produce one.
- Nothing is billed while the case runs No hourly charges, no monthly statements, no retainer to fund.
- Expenses are advanced by the firm Court fees, medical records, accident reconstruction and expert reports are paid as the case proceeds.
- Repayment rights are settled before distribution No-fault carriers and health insurers may have a claim against a settlement. That is resolved first, so the amount you receive is known rather than estimated.
Ask any firm to put the fee percentage and the treatment of expenses in writing at the first meeting. Both are negotiable terms, and both should be clear before you sign.
Dealing with the insurance company after a Staten Island crash
An adjuster will usually make contact within days. Their job is to close the file for as little as the facts allow, and the early stage of a claim is when the least is known about the injury.
- The recorded statement You are required to cooperate with your own insurer. You are not required to give a recorded statement to the other driver’s insurer, and doing so early rarely helps.
- The broad medical authorisation A general release opens your entire history, which is then used to attribute the injury to something that happened years earlier. A limited authorisation covers what is actually relevant.
- The early offer Made before the treatment picture is complete, and normally conditioned on releasing all future claims arising from the crash.
- The gap in treatment argument Weeks without appointments are presented as proof that the injury resolved. Where treatment stopped for another reason, the record should show why.
Whether a case can proceed beyond no-fault turns on the serious injury threshold in Insurance Law § 5102(d), which is why consistent medical documentation matters more here than in most claims.
When a Staten Island crash causes a death
Staten Island, 2025
- 2,777 reported crashes
- 1,406 people injured
- 236 pedestrians injured
- 58 cyclists injured
Staten Island records the fewest crashes of any borough, and a higher share of them happen at speed, on the Staten Island Expressway, Hylan Boulevard and Richmond Avenue rather than in slow city traffic.
A wrongful death case is brought by the personal representative of the estate under EPTL § 5-4.1 and runs on two years from the date of death, which is shorter than the general injury limit. Opening the estate is a required first step and takes time of its own.
Families are sometimes contacted with an offer framed as help with immediate expenses. Accepting it normally releases every claim connected to the death, including claims nobody has assessed yet.
New York law
The statutes that apply to this kind of claim
Each provision below links to its official text published by the New York State Senate. How a statute applies depends on the facts of a specific case.
Definition of serious injury
To sue for pain and suffering after most motor vehicle crashes, an injury has to meet the statutory definition of serious injury. The list includes a fracture, significant disfigurement, permanent loss of use of a body organ or member, and significant limitation of use of a body function or system.
No-fault first party benefits
No-fault benefits cover medical treatment and a portion of lost earnings regardless of who caused the crash. Benefits are claimed from the insurer of the vehicle, and the application has its own deadline that runs separately from the deadline to file a lawsuit.
Vehicle owner responsibility
The owner of a vehicle can be held responsible for negligence by someone driving it with permission. This matters when the driver carries little insurance and the owner carries more.
Three year limit on personal injury actions
Most personal injury cases in New York must be filed within three years of the date of the injury. Several situations change that period, including claims against a public agency and claims on behalf of a child.
Comparative fault
Being partly at fault does not end a claim in New York. Compensation is reduced in proportion to the share of fault assigned to the injured person.
This summary is general information about New York law, not legal advice about your situation. Deadlines have exceptions, and some of them are short. Speak with an attorney about the facts of your case.
What is the serious injury threshold in New York?
Under Insurance Law § 5102(d), you can sue an at-fault driver for pain and suffering only if your injury qualifies as serious, such as a fracture, significant limitation of a body function, or permanent injury. We build the medical record to meet it.
Do I use my own insurance after a Staten Island crash?
Yes. New York no-fault means your own policy pays initial medical bills and partial lost wages regardless of who caused the crash. A separate claim against the at-fault driver covers pain and suffering if your injury is serious.
What if the other driver had no insurance?
Your uninsured/underinsured motorist (UM/SUM) coverage may pay. These claims have short notice deadlines, so contact a lawyer quickly to preserve them.

Reviewed by
Erik Ikhilov, Esq.
Founding Partner & Personal Injury Attorney, Ikhilov & Associates
Founding partner of Ikhilov & Associates and New York personal injury attorney. Admitted to practice in New York, registration number 2550754.
Full biographyTalk to a lawyer about your case in Staten Island
A case review costs nothing and puts you under no obligation. We work on a contingency fee, so there is no fee unless we recover compensation for you.
