The Complete Guide to Car Accident Litigation in Queens

A car accident in Queens can leave you dealing with far more than damage to your vehicle. Serious injuries can result in emergency treatment, ongoing medical care, lost income, and significant pain and suffering.

At Lipsig, Freund & Wisell, our attorneys understand that an accident claim can become complicated quickly, particularly when an insurance company disputes the value of an injured person’s claim. Understanding how a car accident lawsuit works can help you know what to expect.

What Happens Before a Car Accident Lawsuit?

Most car accident claims begin with insurance claims rather than immediately going to trial. After an accident, it is important to obtain medical attention, report the crash when required, preserve evidence, and notify the appropriate insurance companies.

New York requires specific reporting procedures for qualifying motor vehicle crashes. The New York State Department of Motor Vehicles provides Form MV-104 for reporting crashes that occur in New York State.

An insurance company may request medical records, accident information, photographs, statements, and other documentation. The insurer may also make a settlement offer. An injured person should remember that the insurance company’s goal is rarely, if ever, to pay the maximum amount available for the claim.

Insurance companies may attempt to settle claims for the minimum amount they believe they can pay. Our attorneys can negotiate with an insurer to seek a more appropriate settlement. If negotiations do not produce a fair result, filing a lawsuit may be necessary.

What Does Car Accident Litigation Involve?

When a lawsuit is filed, the case moves into the court system. In Queens, this is a civil action that generally begins through initiating papers such as a summons and complaint or a summons with notice. Applicable statutes of limitations also affect when an action may be filed.

A Queens car accident lawsuit may involve several stages, including:

• Filing and serving the lawsuit
• Discovery and exchange of relevant information
• Depositions and medical examinations, when applicable
• Settlement negotiations, motions, and trial preparation

What Role Does No-Fault Insurance Play?

New York is a no-fault state. In a no-fault state, like New York, your own auto insurance generally pays certain expenses from your injuries after an accident, regardless of who caused the crash.

No-fault insurance generally provides benefits for certain economic losses resulting from injuries sustained in motor vehicle accidents, regardless of who caused the crash. It does not pay for vehicle repairs or other property damage.

No-fault coverage and a personal injury lawsuit are not the same thing. Under New York law, an injured person seeking non-economic damages such as pain and suffering generally must satisfy the applicable serious-injury requirements. For actions commenced on or after May 26, 2026, New York eliminated the serious-injury category that previously allowed a claim based solely on being unable to perform daily activities for 90 of the first 180 days after a crash. Injuries must now fall under one of the remaining categories, such as a fracture, permanent loss of use, or a permanent consequential or significant limitation.

New York also moved from a pure comparative fault system to a modified rule for these claims. Under the updated law, a plaintiff found more than 50 percent at fault for the accident cannot recover non-economic damages, even if the other driver bears some responsibility. This makes how fault is allocated in a Queens accident more consequential than it was before.

This is one reason a Queens accident victim should not assume that receiving no-fault benefits resolves the entire claim.

When Does a Car Accident Case Go to Trial?

Many personal injury claims are resolved through settlement negotiations. Essentially, a lawsuit doesn’t mean a trial.

However, if the insurance company refuses to offer fair compensation, litigation can provide a path toward having the claim decided in court. Because the 2026 changes raise the bar for qualifying injuries and tie fault more directly to what a plaintiff can recover, having a clear record from the outset, thorough medical documentation, and a well-supported account of how the accident happened matters more than it once did. During litigation, our attorneys can present evidence concerning the accident, the injuries, medical treatment, lost income, and other losses.

Work With a Queens Car Accident Attorney

Queens residents deal with some of the busiest roadways and intersections in New York City. An accident on the Van Wyck Expressway, Grand Central Parkway, Queens Boulevard, or a local neighborhood street can result in significant injuries when another driver fails to operate a vehicle safely.

If you have been seriously injured in a Queens car accident, our team at Lipsig, Freund & Wisell can help you understand the insurance and litigation process. Connect with our attorneys today by calling (212) 285-3300.