Hamburg Car Accident FAQs

Key Takeaways:

• New York is a no-fault state, so your own insurance covers the initial medical costs after a crash.
• You may still sue the at-fault driver if your injuries are severe enough under state law.
• The statute of limitations for most car accident claims in New York is three years.

If you or a loved one were hurt in a car accident, you likely have questions about insurance, fault, and how to recover money for your losses. You will want to know that New York follows “no-fault” rules, which means your own insurance pays for medical bills first, no matter who caused the crash. Also, you can still sue the other driver if your injuries meet a certain “threshold.” This page answers the most common questions people ask after a wreck.

According to the New York State DMV, fatal crashes in New York dropped from 766 between January and October 2024 to 681 during that same period in 2025, showing that our roads are becoming somewhat safer, although serious wrecks still happen every day in towns like Hamburg. This is also important to know: Getting legal answers before beginning the claims process can make a real difference in how successful your efforts are. Our Hamburg car accident lawyers at Dan Chiacchia Injury Attorneys have helped many local families right from the beginning, explaining their legal options and helping them build solid legal strategies. 

How Long Does a Car Accident Settlement Take in New York?

Settlement timing depends on how serious your injuries are and whether the insurance company disputes fault. Simple claims with clear liability may settle in a few months, while cases involving long-term injuries can take a year or longer. Because medical treatment must be finished before a fair settlement number is possible, patience often pays off in the end.

What Is the Statute of Limitations for a Car Accident in New York?

You generally have three years from the date of the crash to file a lawsuit for personal injury. If the case involves a government vehicle, such as a city bus, the deadline is much shorter and requires a “Notice of Claim” within 90 days. Missing these deadlines can end your right to recover money, so acting quickly matters.

What if the Other Driver Was Uninsured?

New York requires drivers to carry Uninsured Motorist (UM) coverage as part of their own policy. This coverage steps in when the at-fault driver has no insurance, allowing you to file a claim through your own carrier instead. Reporting the accident promptly and gathering evidence still matters, even when the other driver lacks coverage.

Can I Still Recover Damages if I Was Partly at Fault?

Yes, New York follows a pure contributory negligence rule, which allows you to recover damages even if you share some blame. Your total award gets reduced by your percentage of fault. For example, if you were found 20% responsible, your payout would drop by that same percentage.

What Does NYS No-Fault Insurance Cover?

New York requires every driver to carry a minimum of $50,000 in Personal Injury Protection (PIP), which pays medical bills, 80% of lost wages up to $2,000 per month, and $25 per day for other reasonable expenses like household help. This coverage applies to the driver, passengers, and even pedestrians struck by the vehicle, regardless of fault. Claims must be filed within 30 days of the crash.

When Should I Hire a Car Accident Lawyer?

Contacting a lawyer soon after a crash, especially one involving injuries, serious property damage, disputed fault, or a difficult insurance company, often leads to better outcomes. Waiting too long can mean jeopardizing your rights, losing evidence, or missing deadlines. Since insurance adjusters work for the company, not for you, having someone on your side early can level this playing field.

Where Do I File a Car Accident Claim in Erie County?

Claims typically start with a report to local police, followed by notice to your insurance carrier. If a lawsuit becomes necessary, Erie County Supreme Court handles most personal injury cases. Working with our local Hamburg car accident lawyers who know the county court system can make filing smoother.

What Courts Handle Car Accident Cases in Lackawanna?

Car accident lawsuits from Lackawanna are generally filed in Erie County Supreme Court, since Lackawanna sits within Erie County. Smaller property damage disputes may go through Lackawanna City Court instead. The specific court designation depends on the amount of damages and the type of claim being made.

Who Do I Report an Accident to in Cheektowaga?

Accidents in Cheektowaga should be reported to the Cheektowaga Police Department, which will create an official crash report. This report becomes an important piece of evidence for any insurance claim or lawsuit that follows. You must also notify your own insurance company promptly, as most policies require quick reporting after a crash; stick with the facts when speaking with them.

Do I Have to Call the police After a Minor Fender Bender?

New York law requires a police report when property damage exceeds $1,000. Calling the police also creates an official record that can be used as evidence in a claim.

Will My Insurance Rates Go Up if I File a Claim?

Your rates may increase depending on who was found at fault and your insurance history. Filing a legitimate claim is still your right, and avoiding it will not always keep your rates from rising, anyway.

Can I Switch Lawyers if I am Unhappy With My Current One?

Yes, you have the right to change legal representation at any point during your case. Most personal injury lawyers work on a contingency fee basis, so switching typically does not require upfront payment.

The Answer is Clear: Work With Our Skilled Hamburg Car Accident Lawyers at Dan Chiacchia Injury Attorneys

If you need more answers to your legal questions, contact our Hamburg car accident lawyers at Dan Chiacchia Injury Attorneys. For a free case review, call today at 716-648-3030 or complete our online contact form. Located in Hamburg, New York, we proudly serve clients in the surrounding areas.