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Buffalo, New York sits within the state legal framework that governs most car-accident issues. New York is a no-fault state for automobile insurance, which means your own insurance typically pays for initial economic losses - like medical bills and lost earnings - regardless of who caused the crash. To recover non-economic damages - such as pain and suffering - you generally must meet the state"s statutory "serious injury" threshold or otherwise be able to pursue an action outside the no-fault system. Time limits, insurance minimums, and special rules for suing public entities also affect how claims are handled in Buffalo and Erie County. Local courts - including Buffalo City Court, Erie County courts, and the New York Supreme Court - resolve many accident-related disputes.
Not every crash requires an attorney, but legal help can be important in many common situations:
- Serious injuries. If you suffered a serious injury or long-term disability, an attorney can evaluate whether you meet the serious-injury threshold and pursue damages beyond no-fault benefits.
- Disputed fault. When insurers disagree about who caused the crash, a lawyer can gather evidence and argue fault to maximize recovery.
- Complex damages. Cases involving lost wages, long-term care, future medical needs, or diminished earning capacity require legal and medical documentation to prove value.
- Uninsured or underinsured drivers. If the at-fault driver lacks adequate insurance, an attorney can help bring uninsured motorist or underinsured motorist claims, and explore other avenues of recovery.
- Hit-and-run crashes. Lawyers help preserve claims, work with law enforcement, and pursue uninsured motorist coverage when the other driver is not identified.
- Claims against government entities. Suing the City of Buffalo, Erie County, or a state agency requires strict notice and filing procedures - lawyers ensure compliance with notice-of-claim deadlines.
- Low or refused settlement offers. Experienced attorneys negotiate and take promising cases to trial if insurers refuse to offer fair compensation.
Key legal rules and practical items to know for car-accident cases in Buffalo and New York State:
- No-fault insurance and PIP. New York requires personal injury protection (PIP) that generally covers up to $50,000 in reasonable and necessary medical expenses, lost earnings, and other out-of-pocket economic losses.
- Serious-injury threshold. To step outside the no-fault system and pursue pain-and-suffering damages, you must meet the statutory definition of a serious injury. Examples include death, significant disfigurement, bone fracture, or a medically determined injury that substantially prevents usual daily activities for a specified period.
- Minimum liability limits. New York requires minimum liability coverage of 25,000 per person and 50,000 per accident for bodily injury, and 10,000 for property damage. Higher coverage is available and advisable.
- Comparative negligence. New York follows a pure comparative negligence rule. Your recovery is reduced by the percentage of fault attributed to you, but you can still recover even if you were more than 50 percent at fault.
- Statutes of limitations. For most personal injury claims the deadline is three years from the accident date. Property damage claims also typically have a three-year deadline. Wrongful death actions generally must be brought within two years of the decedent"s death. Claims against municipalities require a shorter notice period - usually a notice of claim within 90 days and a lawsuit within 1 year and 90 days - so act quickly when a government entity is involved.
- Uninsured and underinsured motorist coverage. Insurers must offer UM/UIM coverage; you may accept or reject it in writing. UM/UIM helps when the at-fault driver has no or inadequate insurance.
Check for injuries and call 911 if anyone needs medical help. Move to safety if possible, exchange information with the other driver, take photos of the scene and all vehicles, collect witness names and contacts, and report the crash to the police. Seek medical attention even if you feel fine - some injuries show up later. Notify your insurer as soon as possible.
No-fault insurance covers your initial economic losses regardless of fault, so you file a PIP claim with your insurer. To sue for pain and suffering or non-economic losses, you generally must meet the serious-injury threshold set by state law. If you meet that threshold, or if your claim involves certain exceptions, you can bring a claim against the at-fault driver.
For most personal injury and property damage claims in New York, you have three years from the accident date to file suit. Wrongful death actions are usually limited to two years from the date of death. Claims against a city or other public entity have much shorter notice and filing deadlines, so contact counsel quickly if a government party is involved.
Filing a claim can lead to higher premium rates depending on fault, your driving record, and insurer policies. If you are not at fault and the other driver"s insurer covers damages, your rates may be less affected. Discuss potential premium impacts with your insurer and your attorney before accepting a settlement.
If the at-fault driver is uninsured or a hit-and-run, uninsured motorist coverage on your policy may cover medical bills and other losses up to your UM limits. For hit-and-run incidents, report the crash promptly to police and your insurer, preserve evidence (photos, CCTV if available), and consult an attorney to pursue UM claims or other recovery options.
Not always. For small property-damage-only collisions handled quickly through insurance, a lawyer may not be necessary. However, if there are injuries, disputed fault, or complex coverage issues, an attorney can protect your interests and help secure fair compensation.
Many personal injury lawyers work on a contingency-fee basis, meaning they are paid a percentage of the recovery only if you win or settle. Contingency fees commonly range from about 33 percent to 40 percent, plus case expenses that may be deducted from your recovery. Fee agreements and costs vary, so get a written fee agreement and ask about expenses up front.
Case length varies widely. Minor claims and straightforward negotiations can resolve in weeks to months. Complex injury cases or those that go to trial can take a year or several years. Your attorney can give an estimated timeline based on the facts and the need for medical treatment and expert testimony.
Possible recoverable damages include medical expenses - past and future - lost earnings, loss of earning capacity, property damage, pain and suffering, emotional distress, and loss of consortium. Non-economic damages like pain and suffering are generally available only if you meet the serious-injury threshold or otherwise proceed outside the no-fault system.
Look for attorneys who handle motor-vehicle collisions regularly, have trial experience, can provide client references or case results, explain fee arrangements clearly, and communicate promptly. Local experience with Buffalo courts, Erie County rules, and relationships with medical experts can be helpful. Many lawyers offer a free initial consultation to review your case.
Helpful entities and organizations to contact or research when dealing with a car accident in Buffalo:
- Buffalo Police Department for incident reports and investigations.
- Erie County Sheriff and local municipal police for reports outside Buffalo city limits.
- New York Department of Motor Vehicles - for vehicle registration, reporting, and licensing rules.
- New York State Department of Financial Services - for insurance complaint guidance and consumer information.
- New York State Unified Court System and local Buffalo and Erie County courts - to understand filing venues and procedures.
- Erie County Bar Association and Buffalo-area law firms - for attorney referrals and local legal resources.
- Legal Aid and pro bono services - for low-income individuals needing legal help.
- Local hospitals and clinics - for medical documentation and treatment records.
If you were involved in a car accident in Buffalo, follow these practical steps to protect your rights and strengthen any potential claim:
- Immediate actions: Get medical attention, call the police so there is an official report, take photos of the scene and vehicles, and collect contact information from other drivers and witnesses.
- Preserve records: Keep medical records, bills, pay stubs documenting lost earnings, vehicle repair estimates, police reports, and all correspondence with insurers.
- Report to your insurer: Notify your own auto insurer promptly to start any PIP or UM claims, but avoid giving recorded statements about fault until you consult an attorney.
- Consult an attorney early: Especially if injuries are significant, fault is disputed, a government entity is involved, or the other driver is uninsured. Many attorneys offer a free initial consultation and can advise on deadlines, possible recovery, and strategy.
- Know timelines: Note the applicable statutes of limitations and municipal notice periods so you do not miss critical deadlines.
- Evaluate settlement offers carefully: Discuss any settlement with an attorney before accepting, particularly if you have ongoing medical care or unclear future needs.
Taking these steps promptly will improve your chances of a full and fair recovery. If you want help finding an attorney in the Buffalo area or need guidance on your specific situation, consider contacting a local personal injury lawyer who handles car-accident cases for a free case review.
