Car accidents in New York can be stressful and confusing. Knowing your rights after a crash is crucial. New Yorkโs no-fault insurance system requires drivers to carry auto insurance that covers up to $50,000 per person for medical costs and lost wages, regardless of who caused the accident.
The state also mandates liability insurance with minimum coverage of $25,000 per person and $50,000 per accident for bodily injury, plus property damage coverage. Understanding these rules helps protect your interests after a collision.
New York now uses a modified comparative negligence rule for car accident claims. If your share of the blame is greater than the combined blame of everyone you are suing, you cannot recover pain and suffering damages at all. In a typical two-car crash, that line falls at more than 50% fault. The state also sets a serious injury threshold you must meet before you can sue for pain and suffering beyond no-fault benefits.
These laws shape your options for recovery. This guide explores your rights and the steps to take after a car accident in New York, and where a New York car accident lawyer can make the difference. Learn how to safeguard your legal position.
Key Takeaways
- New York uses a no-fault insurance system, requiring drivers to have at least $50,000 in Personal Injury Protection coverage for medical costs and lost wages.
- For car accident lawsuits filed on or after May 26, 2026, New York follows a modified comparative negligence rule: if your fault is greater than the combined fault of the parties you sue, you recover nothing for pain and suffering.
- Victims must meet a โserious injury thresholdโ to sue for pain and suffering beyond no-fault benefits. There are now eight qualifying categories; the old 90/180-day category was eliminated in 2026.
- New York requires all drivers to carry Uninsured Motorist Coverage with minimum limits of $25,000 per person and $50,000 per accident.
- There are strict time limits for filing claims: 30 days for no-fault claims, three years for personal injury lawsuits, and two years for wrongful death claims.
No-Fault Insurance in New York
New York’s no-fault car insurance system aims to speed up claims after accidents. This system requires drivers to have Personal Injury Protection (PIP) coverage of at least $50,000 per person.
PIP covers medical costs, lost wages, and other reasonable expenses, no matter who caused the crash. Drivers must file claims with their own insurance companies within 30 days of the accident.
No-fault insurance in New York provides quick compensation for accident victims, regardless of fault.
The no-fault system has pros and cons. It helps victims get money faster and cuts down on lawsuits. But it also limits the right to sue for minor injuries. Only those with “serious injuries” as defined by law can file a lawsuit against the at-fault driver.
This rule helps keep insurance costs down but may leave some victims feeling short-changed.
Comparative Negligence Rule
New York changed its comparative negligence rule for car accident claims in 2026. Under CPLR ยง 1411(b), in a motor vehicle injury case covered by New Yorkโs No-Fault law, you are barred from recovering pain and suffering damages if your share of the fault is greater than the combined fault of the person or people you are suing. This applies to lawsuits filed on or after May 26, 2026.
In a typical two-car crash, that means the line falls at more than 50%. Two examples:
- You are 25% at fault in a crash with $100,000 in damages. You still recover, reduced by your share i.e. $75,000.
- You are 60% at fault in that same crash. Under the old rule you would have recovered $40,000. Under the current rule you recover nothing for pain and suffering.
Two details matter. First, the comparison is against the combined fault of everyone you sue, not a flat 50%, so multi-vehicle crashes can work out differently. Second, the bar applies to non-economic damages, meaning pain and suffering, not to your no-fault medical and wage benefits.
Juries also decide fault first now. Under Insurance Law ยง 5104(a), the trier of fact must determine who is at fault before deciding whether the injury is a serious injury. If your fault exceeds the threshold, the case stops there.
- Important: this modified rule applies only to motor vehicle cases under Insurance Law Article 51. New York still follows pure comparative negligence for other injury cases, including slip and fall and construction accident claims, where you can still recover even if you were mostly at fault.
If your lawsuit was already filed before May 26, 2026, it continues under the old pure comparative negligence rule.
Serious Injury Threshold
New York law sets a serious injury threshold under Insurance Law ยง 5102(d). You must meet it to sue the at-fault driver for pain and suffering. As of the 2026 reform, eight categories qualify:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
The 90/180-day category was removed. Until May 26, 2026, you could qualify on the strength of a non-permanent injury that kept you from your usual daily activities for at least 90 of the first 180 days after the crash. That route is gone. Soft tissue injuries, sprains, and strains that do not amount to a fracture or a permanent or significant limitation now carry far less weight, and objective medical documentation tying your injury to one of the eight remaining categories matters more than ever.
Meeting the threshold does not change your no-fault benefits. Those are available regardless. What it does is open the door to suing the at-fault driver for damages beyond the no-fault limits, including pain and suffering.
Separately, if your economic losses exceed the $50,000 basic economic loss covered by no-fault, you can pursue the excess from the at-fault driver. That is a separate rule from the serious injury threshold, not a ninth category.
Mandatory Uninsured Motorists Coverage
Moving from serious injury thresholds, we now turn to another crucial aspect of New York’s car insurance laws. Mandatory Uninsured Motorists Coverage protects drivers from financial losses caused by uninsured or hit-and-run drivers.
New York state law requires all drivers to carry this coverage, with minimum limits of $25,000 per person and $50,000 per accident. This coverage steps in when the at-fault driver lacks insurance or flees the scene.
Uninsured motorist coverage is your safety net on the road, protecting you from those who don’t play by the rules.
For those without personal or family UM policies, the Motor Vehicle Accident Indemnification Corporation (MVAIC) offers help. Drivers can also buy extra out-of-state UM coverage for added protection.
This mandatory coverage ensures that all New York drivers have a basic level of protection against uninsured motorists, reducing the financial risk of accidents. Raising your Supplementary Uninsured/Underinsured Motorist (SUM) limits is worth considering now that a high fault percentage can wipe out a claim against the other driver entirely.
Compensation You Can Claim
After a car accident in New York, you can claim several types of compensation. Your no-fault insurance covers medical bills, physical therapy, and lost wages up to $50,000, regardless of who caused the crash.
To seek compensation beyond no-fault limits for pain and suffering, your injuries must meet the state’s serious injury threshold, which the 2026 reforms narrowed. The 90/180-day category (an injury that kept you from your normal daily activities for at least 90 of the first 180 days after the crash) was eliminated, so being unable to function for that period no longer qualifies you on its own. Objective medical evidence, such as diagnostic imaging or range-of-motion testing, is what now ties your injury to one of the eight remaining categories. If eligible, you can file a claim against the at-fault driver’s bodily injury liability policy.
Time limits apply to filing claims in New York. You must submit no-fault claims within 30 days of the accident. For personal injury lawsuits, you have three years from the date of the crash. Wrongful death claims must be filed within two years. It’s crucial to act quickly to protect your rights and ensure you receive fair compensation for your losses.
Statute of Limitations for Filing a Claim
Moving from compensation claims to legal time limits, it’s crucial to understand the statute of limitations for filing a claim in New York. The law sets strict deadlines for taking legal action after a car accident.
For personal injury claims, victims have three years from the accident date to file. Wrongful death lawsuits must be started within two years of the death date. Minors get extra time, with three years after their 18th birthday to file.
Claims against government entities have a much shorter window, requiring a Notice of Claim within 90 days.
Missing these deadlines can have serious effects. Courts often dismiss claims filed after the time limit expires. This means victims lose their right to seek compensation, no matter how strong their case might be.
- The 2026 reform did not change any of these deadlines, but because the new rules apply based on when your lawsuit is filed rather than when the crash happened, the filing date now affects which rules govern your case.
Don’t wait to find out where you stand. Call (866) 288-9529 for a free case review. No fee unless we recover compensation for you.
Reporting a Car Accident
After learning about filing deadlines, it’s crucial to understand proper accident reporting. New York law requires drivers to report certain car accidents promptly. You must inform the police and NY DMV about crashes that cause injuries or deaths.
For property damage over $1,000, you need to file form MV-104 within ten days.
Failing to report a crash can lead to serious consequences. The DMV may suspend your driving privileges if you don’t file a report when required. Also, if you’re in three or more reportable crashes within 18 months, you might face a DMV re-examination.
For hit-and-run accidents, call the police right away to protect your rights and follow proper procedures.
Steps to Take After a Car Accident in New York
Car accidents can be stressful and confusing. Here are key steps to take after an auto accident in New York:
- Call 911 for emergency help and to report the accident.
- Check for injuries and move to a safe area if possible.
- Exchange contact and insurance details with other drivers involved.
- Gather contact information from any witnesses at the scene.
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Do not admit fault or discuss the accident details with other drivers.
- Notify your insurance company about the accident as soon as possible.
- Seek medical attention, even if you feel fine, to document any injuries.
- File a police report if officers did not come to the scene.
- Keep all accident-related documents and bills for insurance claims.
- Speak with a car accident lawyer in New York before you give the other driver’s insurer a recorded statement. Reach our team at (866) 288-9529 or request a free case review, and we’ll review the fault question with you before you talk to anyone else.
For more detailed guidance, we have a dedicated guide, โWhat to do immediately following a car accident in New York?โ
Additional Tips for Car Accident Victims
Car accident victims can take extra steps to protect their rights. Read on to learn more about these crucial actions.
Calling the Police Immediately
After a car crash, call 911 right away. This quick action creates an official accident report, which is crucial for insurance claims and legal matters. Police presence at the scene helps document the incident accurately.
They gather important details like driver information, witness statements, and road conditions. Prompt reporting also ensures that any injuries are addressed quickly by emergency services.
Don’t hesitate to request police assistance, even for minor accidents. Their expert help can make a big difference in sorting out the aftermath of a collision.
Documenting the Scene
Take photos from many angles to show vehicle damage and the crash site. These images can serve as key evidence later. Gather contact details and statements from everyone involved, including witnesses. Evidence that pins down fault percentages matters more than it used to, because fault is now decided before a jury even looks at your injuries.
Donโt forget to collect and keep any physical proof from the scene. This might include broken car parts or skid marks on the road. Good records can make a big difference in your case.
Notifying Your Insurance Company
After a car crash, tell your insurance company right away. This quick action helps protect your rights and starts the claims process. Give them basic facts about the accident, but avoid saying too much.
Don’t admit fault or give a recorded statement without talking to a lawyer first.
Your insurer needs to know about the crash to help you. They can guide you through the next steps and explain your coverage. Be careful when talking to the other driver’s insurance company.
They may try to use your words against you. It’s smart to get legal advice before dealing with any insurer. Now, let’s look at some more tips for car accident victims.
Need a Lawyer After a Car Accident in NY? Call Us
A NYC car accident attorney can greatly boost your chances of getting fair compensation after a car accident. Lawyers know the ins and outs of New Yorkโs complex laws and can fight for your rights.
Frekhtman & Associates has recovered more than $900 million for injured New Yorkers since 1999, including a $69.25 million motor vehicle jury verdict. We offer free consultations and work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Founder Arkady Frekhtman has spent his career on exactly these fault and serious injury disputes. Our motor vehicle accident team investigates the crash independently, challenges the fault percentages an adjuster assigns you, and documents your injury against the eight remaining serious injury categories before the insurer decides your claim does not qualify.
Call (866) 288-9529 and we will look at the fault question with you first.
FAQs
How Long Does a New York Car Accident Case Take to Resolve?
There is no average timeline. It depends on injury severity, treatment length, and whether fault is disputed. Some clear-liability cases resolve in months, but cases involving surgery, long-term disability, or serious injury threshold disputes can take longer, especially if litigation is needed.
What If I Was Partially at Fault for the Accident?
You can still recover compensation, but less, and sometimes nothing, under New York’s 2026 motor vehicle accident reforms. For motor vehicle lawsuits filed on or after May 26, 2026, New York’s modified comparative negligence rule reduces your award by your share of fault: 30% at fault in a $100,000 case means $70,000. If your fault is greater than that of the drivers you sue, recovery is barred entirely.
Do the 2026 Changes Apply to My Case?
It depends on your filing date. The 2026 changes apply to lawsuits commenced on or after May 26, 2026, not to crashes occurring after that date. A lawsuit pending before May 26 continues under the prior rules. An unfiled 2025 crash falls under the new rules.
Do I Need a Lawyer for a Minor Car Accident in NY?
Not every minor crash requires hiring a car accident lawyer. But itโs worth speaking with one if you have serious injuries, delayed symptoms, disputed fault, or if the insurer is delaying or denying payment. Minor impact collisions can still involve expensive medical care and blame-shifting defenses.