When To File a Lawsuit After a Bronx Car Accident

What You Need to Know About Legal Action

After a serious car accident, most people feel overwhelmed. Between medical bills, lost time at work, and the frustration of dealing with insurance, it’s hard to think straight. 

Once you realize that the insurance company might not cover your losses, it’s time to ask an important question: should you file a lawsuit?

Filing a personal injury lawsuit in the Bronx doesn’t mean you’re going to trial. It means you’re protecting your rights when the other side refuses to act fairly. 

At Horn Wright, LLP, our Bronx personal injury attorneys help crash victims hold insurance companies accountable when they offer too little or deny valid claims. We move fast, protect your rights, and handle every detail so you can focus on healing.

Start With the Basics: What Filing a Lawsuit Actually Means

Filing a lawsuit is different from filing a claim. A claim is what you open with your or the other driver’s insurance company. A lawsuit is what you file in civil court when that claim doesn’t get resolved fairly.

When you file a car accident lawsuit in the Bronx, your attorney submits a formal complaint in court. It names the person or party responsible for your injuries. It explains what happened, what injuries you suffered, and what compensation you’re seeking. From there, the legal process begins. That includes discovery, depositions, and, sometimes, trial.

Important points to keep in mind:

• You don’t need to prove fault at the time you file
• Most lawsuits settle before reaching a courtroom
• The lawsuit gives your lawyer leverage in negotiations

In New York, serious injury lawsuits from car accidents are typically filed in Bronx Supreme Court. If your case is worth over $25,000 in damages, it will likely go there.

Know the Legal Deadline: New York’s Statute of Limitations

In New York State, you have limited time to file a lawsuit after a crash. If you miss the deadline, you may lose your chance to recover anything, no matter how strong your case is.

The deadline to file a car accident lawsuit in New York is generally three years from the date of the accident. But there are exceptions, especially if the accident involved a government agency or public vehicle.

Here are some key rules:

• If a city-owned vehicle like a garbage truck or MTA bus was involved, you must file a Notice of Claim within 90 days
• You must then file the lawsuit within one year and 90 days
• If a child was injured, the deadline may be extended beyond three years

Keep in mind that filing a claim with insurance does not stop the lawsuit deadline. If your crash happened on a Bronx street like Pelham Parkway or Southern Boulevard, that date marks the start of the clock.

Recognize When Insurance Isn’t Enough

Most people hope to avoid court. But sometimes, the insurance company will not meet you halfway. If their offer doesn’t cover your medical bills or lost income, or if they refuse to accept fault, you may have no choice but to sue.

Filing a lawsuit becomes more likely when:

• The insurance adjuster denies liability
• The offer doesn’t even cover your hospital bills
• They claim you were partly or entirely at fault
• They argue your injuries were pre-existing or unrelated

In no-fault states like New York, you typically start by seeking compensation through your own policy. But if your injuries go beyond what your policy covers, you can step outside the no-fault system and file a personal injury lawsuit.

That’s where a skilled lawyer can step in and start pushing back.

Evaluate the Severity of Your Injuries

Not every accident calls for a lawsuit. But if you’re facing a long recovery, significant pain, or ongoing medical treatment, you might already meet New York’s “serious injury” threshold.

Here’s what that threshold includes:

• Bone fractures
• Permanent limitation of body function
• Significant disfigurement
• Loss of a fetus
• Disability lasting at least 90 of the 180 days after the crash

If your injury meets this standard, you can bring a lawsuit against the at-fault driver. This lets you recover compensation for things no-fault doesn’t cover, like pain and suffering or future medical costs.

Many crash victims in the Bronx start treatment at local hospitals like Jacobi Medical Center or Montefiore. Medical documentation from these providers helps establish injury severity when building a case.

Check if the Other Driver Was Clearly at Fault

Clear fault doesn’t always mean an easy insurance process. Even if the police report supports your version of events, the other side may still deny it. A lawsuit forces them to answer to the evidence.

Signs the other driver was clearly at fault:

• They were speeding, tailgating, or running red lights
• They were cited by police at the scene
• They admitted fault in front of witnesses
• Video footage shows them causing the crash

Busy Bronx intersections like Fordham Road or East 149th Street often have nearby security cameras or traffic cams. Your attorney can use these tools to support a fault-based claim.

Even when fault seems obvious, insurers may try to shift some blame your way. Filing a lawsuit puts pressure on them to take your evidence seriously.

Consider the Role of Evidence in Building a Case

A strong lawsuit starts with strong evidence. Even before a lawsuit is filed, your attorney will start collecting everything that supports your side of the story.

Evidence can include:

• Medical records and doctor reports
• Photos of your injuries and the vehicles
• Repair estimates
• Eyewitness statements
• Camera footage from businesses or public transit

Accidents near busy Bronx corridors like the Cross Bronx Expressway or Grand Concourse often have more available footage or witnesses. But that evidence doesn’t last forever.

Filing early helps preserve access to key records and gives your lawyer more time to secure statements or issue subpoenas before evidence disappears.

Understand the Benefits of Filing Even if You Hope to Settle

Most car accident lawsuits don’t go to trial. In fact, most don’t even reach the courtroom. But filing still brings major advantages.

Benefits of filing a lawsuit:

• It forces the insurance company to take your claim seriously
• It allows your lawyer to subpoena documents and depose witnesses
• It sets a timeline the defense can’t ignore

Settlement offers often improve once the lawsuit is underway. Insurers see that you’re serious and know they’ll have to spend time and resources defending the case.

A well-timed lawsuit can shift the power dynamic and open the door to better negotiations.

Work With a Lawyer Who Understands the Local Courts

Bronx Supreme Court handles many of the serious personal injury cases filed in New York City. If your case ends up there, you want a lawyer who’s worked in that courtroom before.

Experienced Bronx personal injury attorneys:

• Understand local court timelines and procedures
• Know the defense firms who often represent insurance carriers
• Have relationships with local doctors and expert witnesses

The Bronx court system can move slowly. Having a lawyer who knows how to manage deadlines, file motions, and keep pressure on the other side makes a major difference.

Avoid Waiting Until the Deadline to File

Technically, you might have months or even years to file. But waiting until the last minute is rarely a good idea.

Here’s why early filing helps:

• Evidence is easier to gather
• Witnesses are easier to contact
• Legal teams take you more seriously

If your crash happened a year or more ago, that doesn’t mean you’re out of options. But if you’re reading this within days or weeks of an accident, now is the time to act. The more time you give your lawyer, the stronger your case will be.

Waiting too long puts your evidence, your options, and your compensation at risk.

Don’t Wait to Protect Your Case

You don’t need to file a lawsuit the day after a crash. But you also don’t want to wait until your medical bills pile up or the insurance company goes silent. Filing a lawsuit helps protect your rights and puts control back in your hands.

At Horn Wright, LLP, we help Bronx accident victims understand when it’s time to move forward legally. If you’re unsure about your next step, our Bronx injury attorneys are ready to listen and help you make the right call for your future.