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NYC Rear-End Accident Lawyer · Presumed Fault on Rear Driver · 24/7

Rear-ended in NYC?

Rear-end crashes are the most common type of car accident in NYC — and the most commonly underpaid. Insurers know the injuries are usually 'soft tissue' (neck, back, shoulders) and try to settle them cheaply. But whiplash and soft-tissue injuries are real, can be permanent, and qualify for serious-injury claims if they pass the threshold. We fight the lowball offers.

Madison Law Firm PLLC  ·  579 5th Ave, 2nd Floor, New York, NY 10017

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How we handle your case

1

Lock in fault

In NY, the rear driver is presumed at fault unless they can offer a 'non-negligent' explanation. We get the police report, witness statements, and any dash cam or surveillance footage to lock liability in your favor early.

2

Document the injury thoroughly

Soft-tissue injuries don't show up well on basic X-rays. We make sure you get the right imaging (MRI for spine and disc injuries, EMG for nerve damage) and the right specialists (orthopedist, neurologist, physical therapist). Documentation is what beats the 'minor impact, no injury' insurance defense.

3

Push past the serious-injury threshold

NY's no-fault law limits pain-and-suffering recovery unless your injury meets the 'serious injury' threshold (significant limitation of body function, fracture, permanent consequential limitation, 90/180 day disability, etc.). We position your medical records to clear that bar so you can recover the full case value.

What you can recover

Medical bills (past and future)
Lost wages
Loss of earning capacity
Pain and suffering
Property damage
Loss of life enjoyment

Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.

What you need to know

The rear driver is almost always at fault.

NY courts apply a strong presumption that the rear driver caused the crash. They have to come up with a real, non-negligent explanation (an unexpected lane change, mechanical failure, etc.) to escape liability. That presumption is yours to use.

Soft-tissue injuries are real injuries.

Whiplash, herniated discs, and rotator cuff tears from rear-end crashes can become chronic, surgical, and disabling. Insurers will try to characterize them as 'minor.' Aggressive medical documentation and the right specialists turn 'minor' into a fairly valued claim.

Photos of the cars don't tell the whole story.

Insurance adjusters love to point at small dents and argue 'low-impact, no injury.' Modern bumpers absorb a lot of force without visible damage — but the energy still transfers to your spine. We use medical experts and biomechanics consultants to counter the 'small dent, no case' argument.

Hurt? Talk to us today.

We answer 24/7. Free consultation. No fee unless we win.

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