What to Do After a Motor Vehicle Accident in New York: Settle or Sue?
If you’ve been involved in a car, truck, or motorcycle accident in New York, one of the biggest decisions you’ll face is whether to accept a settlement from the insurance company or file a personal injury lawsuit. At D’Orazio Peterson, we’re an experienced New York personal injury and employment law firm that represents clients throughout the state in serious accident cases. Let’s walk through some key considerations that can help you decide the best path forward.
When Settling with the Insurance Company Might Make Sense
In some cases, it may be perfectly reasonable to settle with the insurance company—especially when:
1. Your Injuries Are Not Legally “Serious” Under New York Law
Under New York’s No-Fault Insurance Law, you can only bring a lawsuit for personal injuries if those injuries meet the legal threshold of being “serious.” This includes things like bone fractures, significant disfigurement, permanent loss of use of a body organ or system, or an injury that prevents you from performing normal daily activities for at least 90 out of the first 180 days after the accident.
If your injuries don’t meet this legal standard, your best option may be to accept the insurance company’s offer—even if it feels low.
2. The Insurance Company Offers the Full Policy Limits
If the at-fault driver’s insurance company offers you the full amount of the policy, it could make sense to settle—but only after confirming that there are no other available sources of compensation, such as:
- Umbrella or excess insurance policies
- Employer or commercial policies (if a company vehicle was involved)
We often see people miss out on these additional coverages because they’re not obvious and require deeper investigation.
When Filing a Lawsuit Is Usually the Better Option
There are situations where filing a lawsuit is the smarter and safer option, particularly when:
1. There’s a Dispute About Fault or Damages
If the insurance company is disputing who is at fault or downplaying the severity of your injuries, it’s often necessary to file a lawsuit to get to the truth. Litigation allows both sides to exchange evidence and bring in expert witnesses if needed.
2. Your Injuries Are Severe and Long-Term
Let’s say you suffered a serious injury—like a fractured knee that required multiple surgeries and a long recovery. In that case, it’s too early to know the full impact of the injury or what future treatment and limitations might look like.
If you settle too quickly, you could end up without enough compensation to cover future medical care, lost wages, or pain and suffering.
By filing a lawsuit early, we can begin building your case, consult with medical experts, and accurately assess your damages before any meaningful settlement discussions occur.
Our Philosophy: No One-Size-Fits-All Approach
At D’Orazio Peterson, we believe in tailoring our strategy to each client’s specific case and injuries. While quick settlements may work in minor cases, we’ve found that this often leaves money on the table—and that’s not something we’re okay with.
We’re committed to doing what’s best for you in the long run, even if that means taking the longer route through the court system. Our goal is always to maximize your recovery and make sure you’re fully protected under New York personal injury laws.
Need Help Deciding Whether to Settle or Sue?
If you or a loved one has been hurt in a New York motor vehicle, truck, or motorcycle accident, don’t try to navigate this decision alone. The insurance companies are looking out for their bottom line—we’re here to look out for you.
📞 Call D’Orazio Peterson today for a free consultation. We’re happy to walk you through your options and help you make the best decision for your unique situation.