Motor Vehicle Accident

What Classifies as a Motor Vehicle Accident Case?

A motor vehicle accident encompasses any collision or incident involving cars, trucks, motorcycles, buses, taxis, bicycles, or pedestrians on public roads. In New York, these cases are governed by the state’s no-fault insurance laws, which generally require your own insurance to cover medical expenses and lost wages regardless of who caused the accident. However, when injuries are serious, meeting New York’s “serious injury” threshold, you may pursue additional compensation directly against the at-fault driver through a personal injury lawsuit.

Common motor vehicle accident claims include:

  • Car accidents caused by distracted driving, speeding, or running red lights
  • Truck and commercial vehicle accidents involving negligent operators or fleet companies
  • Motorcycle accidents resulting in severe road rash, fractures, or traumatic brain injury
  • Pedestrian knockdowns at crosswalks, intersections, or along roadways
  • Bicycle accidents caused by careless drivers opening doors or failing to yield
  • Rideshare accidents involving Uber, Lyft, or other app-based drivers
  • Bus and public transit accidents involving MTA or private carriers

Motor Vehicle Accident Attorney in New York

Motor vehicle accidents can happen in an instant, but their consequences can last a lifetime. Whether you were involved in a car crash, truck accident, motorcycle collision, bus accident, or were struck as a pedestrian or cyclist, New York’s complex no-fault insurance system and personal injury laws can make it difficult to know where to turn. The Law Office of David R. Darvish, P.C. helps accident victims throughout New York City and New York State navigate the legal process and fight for maximum compensation.

What to Bring When Contacting Our Law Office

Identification: Valid government-issued ID.

Police Report: The accident report filed by law enforcement.

Medical Records: All documentation of injuries, treatments, and diagnoses.

Insurance Information: Your auto insurance policy and the other party’s insurance information.

Photographs: Pictures from the accident scene, vehicle damage, and your injuries.

Witness Information: Contact details for any witnesses.

Vehicle Information: Registration, title, and repair estimates.

Communication Records: Any correspondence with insurers, the other driver, or their representatives.

Expense Records: Medical bills, rental car costs, lost wages documentation, and any other financial losses.

What Should You Do After a Motor Vehicle Accident?

Ensure Safety First: Move to a safe location if possible and call 911 immediately to report the accident and request medical assistance.

Seek Medical Attention Promptly: Get evaluated by a medical professional even if you feel fine. Adrenaline can mask pain. Injuries like whiplash, concussions, and internal trauma may take hours or days to become apparent, and delays in treatment can hurt your claim.

Document the Scene: Photograph all vehicles, their positions on the road, visible damage, traffic signs, road conditions, and any injuries. Note the time, date, and weather.

Exchange Information: Collect full name, phone number, address, driver’s license number, insurance company, policy number, vehicle registration, and license plate from all parties involved.

Gather Witness Information: Get names and phone numbers of anyone who witnessed the accident.

File a Police Report: A police report is critical documentation. Request the report number so you or your attorney can obtain a copy.

Notify Your Insurance Company: Report the accident promptly but be careful about the details you share. Do not admit fault and do not give recorded statements before consulting an attorney.

Contact a Motor Vehicle Accident Attorney: An experienced New York car accident lawyer can help you navigate no-fault claims, negotiate with insurance companies, and pursue a personal injury lawsuit if warranted.

Why Hire the Law Office of David R. Darvish, P.C. for Your Motor Vehicle Accident Case?

Choosing the right attorney after a motor vehicle accident incident can make a profound difference in the outcome of your case. At the Law Office of David R. Darvish, P.C., we bring over 20 years of experience practicing law in New York State, and we have the credentials, track record, and personal dedication to back it up.

Over Two Decades of New York Legal Experience

David R. Darvish, Lead Attorney, holds a JD from CUNY School of Law and has spent more than 20 years representing clients across personal injury, no-fault collections, and related practice areas throughout New York. His extensive background in both litigation and transactional matters means he understands how to fight effectively inside a courtroom and how to negotiate powerfully outside of one. David has been recognized by Super Lawyers as one of the top 5% of attorneys in New York State, a distinction earned by fewer than one in twenty practicing attorneys.

Personal Attention, Not a Case Number

David R. Darvish personally meets with clients to understand not only the legal facts of a case, but the full human story behind it, how an injury has impacted your finances, your family, your career, and your daily life. We believe that a strong attorney-client relationship built on trust and transparency is the foundation of effective legal advocacy.

Multilingual Services for New York’s Diverse Communities

New York is one of the most linguistically diverse places in the world, and we are proud to serve clients in their own language. Our office provides legal support in English, Spanish, Hebrew, Russian, Hindi, Persian (Farsi), and Mandarin, so no matter your background, you can communicate clearly and confidently with your legal team.

Conveniently Located Offices Across New York

With offices in Queens, Brooklyn, and Manhattan, the Law Office of David R. Darvish is accessible to clients throughout the New York metropolitan area. We understand that after an injury or legal crisis, traveling across the city can be a burden, which is why we strive to make working with us as convenient as possible.

No Fee Unless We Win

We handle motor vehicle accident cases on a contingency fee basis. That means you pay nothing unless we recover compensation on your behalf. You should never have to worry about upfront legal fees when you’re already dealing with the stress of an injury or legal challenge.

Frequently Asked Questions — Motor Vehicle Accidents

What is New York's no-fault insurance law and how does it affect my claim?
New York is a no-fault insurance state, meaning your own auto insurance policy’s Personal Injury Protection (PIP) coverage pays for your medical bills and a portion of your lost wages, regardless of who caused the accident. However, no-fault coverage has limits ($50,000 per person), and it does not compensate for pain and suffering. To pursue damages beyond no-fault, you must establish that your injuries meet New York’s ‘serious injury’ threshold, which includes fractures, significant disfigurement, permanent limitation of a body organ or member, or significant curtailment of daily activities for at least 90 days.
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, no-fault insurance claims must be filed within 30 days of the accident, and claims against government entities (such as MTA buses) require a Notice of Claim within 90 days. Do not wait, early consultation with an attorney protects your rights.
Yes. New York law requires auto insurance policies to include Uninsured Motorist (UM) and Supplemental Underinsured Motorist (SUM) coverage for exactly this situation. Our attorneys can help you navigate a claim against your own policy in these circumstances.
New York’s pure comparative negligence rule means you can still recover damages even if you were partly responsible. Your recovery is reduced proportionally by your share of fault. For example, if you were 25% at fault and your total damages were $200,000, you can still recover $150,000.
Beyond no-fault coverage, you may be entitled to compensation for pain and suffering, permanent injuries and disability, additional lost wages, reduced earning capacity, future medical expenses, and wrongful death damages if a loved one was killed. Our attorneys fight to maximize every category of recovery available to you.