New York ranges from New York City's dense streets — with yellow cabs, rideshare cars, delivery bikes and pedestrians — to the long, snowy Thruway upstate. New York is a no-fault state with a strict 'serious injury' threshold, and its 30-day no-fault filing window catches many people off guard.
Is New York a no-fault state?
Yes — New York is a no-fault state. New York is a no-fault state. After most crashes, your own personal injury protection (PIP) pays first for medical bills and some lost income, no matter who caused the crash. You can usually claim against the at-fault driver for pain and suffering only if your injuries meet New York's threshold.
New York requires $50,000 of no-fault (PIP) coverage. You can sue for pain and suffering only if you have a 'serious injury' as defined by state law.
Learn more in our guide to what a no-fault state is.
How does shared fault work in New York?
New York follows pure comparative fault. If you were partly to blame, your compensation may be reduced by your share of fault, but you are not barred from recovering — even if your share is large.
For example, if a New York jury decided you were 30% at fault, your compensation could be reduced by 30%. Because there is no cut-off, you may still recover something even if you were mostly to blame.
Read more: what comparative fault means.
How long do I have to file a car accident claim in New York?
In New York, the general deadline to file a personal injury lawsuit is three years from the date of the injury, with some exceptions. New York's no-fault application usually must be filed within 30 days of the crash — much sooner than the three-year lawsuit deadline. Claims against cities and public agencies have much shorter notice deadlines.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of New York often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are New York's minimum car insurance requirements?
New York requires drivers to carry at least $25,000 per person / $50,000 per accident for bodily injury, and $10,000 for property damage. New York also requires 50/100 coverage for death.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in New York?
Get safe, get medical care and protect your evidence. These steps apply anywhere in New York:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like Cross Bronx Expressway (I-95) or Long Island Expressway (I-495).
- Call the police and ask how to get the crash report. New York generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine — New York PIP claims can depend on prompt treatment.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent New York attorney before signing any release, keeping the three years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in New York?
Crashes happen everywhere, but traffic is heaviest in and around New York City, Buffalo, Rochester, Yonkers, Syracuse and Albany. Major routes include Cross Bronx Expressway (I-95), Long Island Expressway (I-495), BQE (I-278), New York State Thruway (I-87/I-90), Belt Parkway and FDR Drive. Our attorney-matching service covers every county in New York.