Car accident lawyers serving Syracuse & Central New York

A car accident claim is really two problems at once, getting your injuries properly treated and documented, and dealing with an insurer whose job is to close the file for as little as possible. We handle the second so you can concentrate on the first.

We represent drivers, passengers, motorcyclists, cyclists and pedestrians hurt on the roads around Syracuse and Cortland — I-81 and I-690, Route 11 through Cicero and Brewerton, and the county roads where most serious crashes actually happen.

Your crash produces two separate claims

This is the part that confuses almost everybody, and getting it wrong costs people money. A New York car accident normally produces two claims that run at the same time, against different insurers, on different deadlines.

• The no-fault claim, against your own insurer. It pays medical treatment and part of your lost earnings up to the basic economic loss limit, regardless of who caused the crash. The application is generally due within 30 days. That deadline is short, it is easy to miss while you are still being treated, and missing it can cost you the coverage that pays your bills.
• The liability claim, against the driver who caused it.This is the one that covers pain and suffering, and it is subject to the serious injury threshold. Three years, not thirty days.

So the answer to "why is my own insurance paying when it was not my fault" is that the two claims are doing different jobs. What the threshold requires is on no-fault and the serious injury threshold.

Two things changed in 2026, and both went against claimants

In May 2026 the legislature deleted one of the categories that let an injury qualify for a pain and suffering claim, the route ordinarily used for injuries that were genuinely disabling for months but left no fracture and no permanent finding. Eight categories remain where there were nine.

At the same time, a new rule for motor vehicle claims means that where your share of the fault is greater than the combined fault of everyone you are suing, you recover nothing at all. Below that line, a recovery is reduced by your percentage as before. It is a cliff rather than a slope, which makes the argument about who was at fault worth far more than it used to be.

Both are measured from the date the case is filed, not the date of the crash, so an older accident that has not yet been filed is judged by the new rules. If you were hurt before May 2026 and have not started, this is worth reading now.

Car accident cases we handle

When the other driver has no insurance, or not enough

People assume an uninsured at-fault driver means there is nothing to claim. That is usually wrong, and the coverage that answers it is one of the most commonly overlooked things in a car accident file:

• Uninsured motorist coverage applies where the other driver had none, or where it was a hit-and-run and the vehicle is never identified.
• Supplementary underinsured motorist coverage, usually called SUM, applies where the other driver had insurance but nowhere near enough for the injuries. A minimum-limits policy against a serious injury is a common and unpleasant surprise.

Both are claims against your own insurer, and both carry their own notice requirements that are shorter than the deadline for suing the driver. A settlement with the at-fault driver’s insurer can also affect a SUM claim, which is a reason not to accept an early offer before the question has been looked at.

What a claim is actually made of

Nobody can tell you what a case is worth on a first phone call, and anybody who does is guessing. What can be said is what the components are:

• Medical treatment, what has been provided and what is still needed.
• Lost earnings, including the part no-fault does not cover and any lasting effect on what you can do.
• Pain and suffering, which requires the threshold to be met and is the part with the widest range.
• Out-of-pocket costs that people forget to record, travel to appointments, equipment, help around the house.
• The effect on a spouse, which is a claim in its own right.

Set against that is the fault argument, and now a rule under which crossing a line ends the claim entirely. That is why we would rather hear from you before the recorded statement than after it.

What to do after a crash

1. Get checked, even if you feel fine

   Neck, back and head injuries often present a day or two later. A gap between the crash and your first medical visit is the single most common thing insurers use against you.

2. Photograph everything while it is still there

   Both vehicles, the position on the road, skid marks, the intersection, and any visible injury. Later is too late.

3. Report it, but keep the statement short

   Give the police what happened. You are not obliged to give the other driver's insurer a recorded statement.

4. Tell your own insurer within thirty days

   The no-fault application has a short deadline of its own, separate from everything else, and it is the one people miss while they are still being treated.

5. Call before you sign or accept anything

   First offers arrive early for a reason. Once you sign a release, it is over.

Why injured drivers call us

Common questions

Do I have to pay anything up front?

The first consultation is free and there is no obligation. Fee arrangements for injury matters are set out in writing before any work begins, which New York requires. Ask about it on the first call and you will get a straight answer.

How long do I have to bring a claim in New York?

Three years from the date of the crash for most negligence claims, and two years for wrongful death. If a city, county, town, village or school district is involved it is far shorter, a sworn notice of claim within ninety days, and the action itself within one year and ninety days.

How soon do I have to tell my own insurer?

Much sooner than most people realize. The no-fault application is generally due to your own insurer within 30 days of the crash, and missing it can cost you the coverage that pays your medical bills. It runs separately from the three-year deadline for suing the other driver.

What if the insurance company already called me?

You are not required to give a recorded statement to the other driver’s insurer. Talk to us first, early statements are frequently used later to argue that your injuries were minor, and there is no deadline that requires you to give one quickly.

What if I was partly at fault?

This changed in 2026. For motor vehicle claims commenced on or after May 26, 2026, recovery is barred where your share of the fault is greater than the combined fault of everyone you are claiming against. At or below that line your recovery is reduced by your share rather than ended.

The other driver had no insurance. Is that the end of it?

Usually not. Your own policy almost certainly carries uninsured motorist coverage, and may carry supplementary underinsured coverage on top of it. Those claims run against your own insurer rather than the other driver, they carry their own notice requirements that are shorter than the deadline for suing, and they are frequently overlooked entirely.

Why does my own insurance pay when the crash was not my fault?

That is how New York’s no-fault system works. Your insurer pays medical treatment and part of your lost earnings up to the basic economic loss limit regardless of who caused the crash. Pain and suffering is a separate claim against the at-fault driver and has to clear the serious injury threshold.

Related

Sources

Insurance Law § 5102 ·CPLR § 1411 ·CPLR § 214 ·General Municipal Law § 50-e
Verified August 23, 2026. This page describes how New York treats car accident claims. It is not advice about your own case, and no outcome is promised or implied.