Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do I have to file a personal injury claim after an accident in the Bronx?
Under CPLR §214, New York gives you 3 years from the date of the accident to file a personal injury lawsuit. However, if the accident involves a government entity (such as an MTA bus or NYC-owned property), you must file a Notice of Claim within 90 days. Acting quickly preserves your evidence and your rights.
Should I call the police after an accident in the Bronx even if injuries seem minor?
Yes. A police report creates an official record that is critical to your claim. New York law requires a police report for vehicle accidents involving injury or more than $1,000 in property damage (Vehicle and Traffic Law §605).Injuries can also worsen in the hours and days after an accident, so documenting the incident immediately protects you.
What evidence should I gather at the scene of a Bronx accident?
Photograph the scene, your injuries, and any property damage. Collect names and contact information of witnesses and any involved parties. If it is a car accident, exchange insurance and license information. Save all medical records and bills from the start — New York follows a comparative negligence rule, so thorough documentation can make the difference in how much you recover.
Can I still recover compensation if I was partly at fault for the Bronx accident?
Yes. New York follows pure comparative negligence under CPLR Article 14-A, meaning you can recover damages even if you were partially at fault — your award is simply reduced by your percentage of fault. For example, if you were found 20% at fault, you can still recover 80% of your total damages.