Brooklyn Car Accident Lawyer

Brooklyn's streets were not built for the traffic they carry. Ocean Parkway, Atlantic Avenue, Flatbush Avenue, the Belt Parkway, and the BQE produce crashes every hour of the day, and the people hurt in them are drivers, passengers, cyclists, and pedestrians who did nothing wrong. New York's insurance system is supposed to take care of them. In practice, it takes a lawyer who knows how the system works to make it pay.

Shimko Law P.C. represents people injured in motor vehicle accidents throughout Brooklyn and New York City from our office at 300 Cadman Plaza West. Daniel Shimko has been admitted to practice since 2008, has run his own firm since 2013, and carries on the practice of Timothy Shimko, established more than 40 years ago. There is no fee unless we recover for you.

Two claims, two clocks

Every New York car accident case has two parts, and both have deadlines that start running immediately.

No Fault. Your own car insurance, or the insurance on the car you were in, pays your medical bills and part of your lost wages regardless of who caused the crash. To get those benefits you must file a No Fault application within 30 days of the accident. Miss it and the insurer can deny every bill. Pedestrians and cyclists hit by a car are covered by the driver's No Fault insurance.

The injury claim. For pain, suffering, and losses beyond what No Fault pays, you bring a claim against the driver at fault. New York allows that claim only if you suffered a serious injury as the law defines it, which includes fractures, significant scarring, permanent loss or limitation of use of a body part or system, and injuries that keep you from your usual activities for 90 of the first 180 days after the accident. Proving that threshold is where most car accident cases are won or lost, and it is why the medical care you get in the first months matters so much.

What we do in the first week

• Open your No Fault claim and make sure it is filed on time and with the right insurer.
• Preserve evidence: the police report, 911 recordings, intersection and business camera footage, and the vehicles themselves before they are repaired or scrapped.
• Identify every insurance policy that may apply, including the other driver's, the vehicle owner's, and your own underinsured motorist coverage.
• Send letters to every insurer so no one contacts you directly.
• Get you to doctors who will document your injuries properly and treat them.

Accidents we handle

• Rear end and intersection collisions.
• Pedestrians struck in crosswalks and on sidewalks.
• Cyclists and delivery riders hit by cars and trucks.
• Bus and MTA accidents, including passengers injured on board.
• Rideshare and taxi accidents, as a passenger or as the other driver.
• Truck and commercial vehicle crashes.
• Hit and run and uninsured driver accidents, through your own policy's uninsured motorist coverage or the Motor Vehicle Accident Indemnification Corporation.
• Accidents involving City vehicles, sanitation trucks, and police cars, which carry a 90 day notice of claim deadline.

Why Brooklyn cases are different

Brooklyn juries come from the neighborhoods where these crashes happen. They know what a Flatbush Avenue intersection looks like at rush hour, and they know what it means when a driver says he never saw the pedestrian. Cases are filed in Kings County Supreme Court on Adams Street, a few blocks from our office, and we know the judges, the calendar, and the defense firms that show up there every day.

What to do after a car accident

1. Call 911 and get a police report, even for what seems like a minor crash. The report number is the first thing every insurer asks for.
2. Photograph the vehicles, the plates, the intersection, the traffic signals, and your injuries.
3. Get names and numbers of witnesses before they drive away.
4. See a doctor within 24 hours and describe every symptom, including ones that seem small. Neck, back, and head injuries often get worse over the first days.
5. Do not give a recorded statement to any insurance company, including your own, until you have spoken with a lawyer.
6. Call us. The No Fault clock is running.

Deadlines

• No Fault application: 30 days from the accident.
• Lawsuit against a private driver: three years from the accident.
• Claims involving the City, the MTA, or another public body: notice of claim within 90 days, lawsuit within one year and 90 days.
• Uninsured and hit and run claims have their own short notice requirements.

What your case may be worth

The value of a car accident case depends on the injury, the medical treatment, the effect on your work and daily life, and the insurance available. Results in past cases handled by this firm include a 5 million dollar recovery for the family of a New York City sanitation worker who suffered a traumatic brain injury in an accident while riding on the side of a truck. Prior results do not guarantee a similar outcome.

Why Shimko Law P.C.

• Downtown Brooklyn office next to the courts, with home and hospital visits when you cannot travel.
• We handle the No Fault claim and the injury claim together so nothing falls between them.
• Free consultation by phone, video, or in person. No fee unless we win.
• Se habla español.

Frequently asked questions about Brooklyn car accidents

Who pays my medical bills after a car accident in New York? Your own car insurance, or the insurance on the vehicle you were in, through No Fault, regardless of who caused the crash. Pedestrians and cyclists are covered by the insurance on the car that hit them.

Can I sue the other driver? Yes, if your injury meets New York's serious injury threshold, which includes fractures, permanent limitations, and injuries that keep you from normal activities for 90 of the first 180 days.

What if the driver who hit me has no insurance or drove off? Your own policy's uninsured motorist coverage may apply, and pedestrians and others without a policy may have a claim through MVAIC. Both have short notice deadlines.

I was a passenger. Do I have a claim? Yes. Passengers almost never share fault and can recover from whichever driver was responsible, including the driver of the car they were in.

The insurance company offered me money. Should I take it? Not before a lawyer reviews your medical records. Early offers are made before the full extent of an injury is known and are almost always low.

How long will my case take? Cases that settle with insurers can resolve within a year. Cases that go to court in Kings County typically take longer. We will give you a realistic estimate once we know the injury and the insurance involved.

What does it cost? Nothing up front. We are paid a percentage of the recovery only if we win, under a written retainer you review first.

Talk to a Brooklyn car accident lawyer today

Call or text 718 504 5533, book a free video consultation, or send us a message. Attorney Advertising. Prior results do not guarantee a similar outcome.