Car Accident Laws in New York
Whether you’re navigating the busy streets of Manhattan or driving through upstate towns like Buffalo or Albany, car accidents in New York can leave you dealing with painful injuries, financial stress, and confusing legal procedures. Understanding New York’s car accident laws is critical if you want to protect your rights and seek compensation. This guide outlines how New York’s no-fault insurance system works, how fault impacts lawsuits, and how general personal injury laws apply to accident victims across the state.
New York Is a No-Fault State
New York operates under a no-fault insurance system, which means that your own insurance company pays for your basic medical expenses, lost earnings, and other reasonable costs, regardless of who caused the crash. This coverage is known as Personal Injury Protection (PIP) and is required under New York law.
However, no-fault benefits do not include compensation for pain and suffering. To pursue a lawsuit for non-economic damages, your injuries must meet the “serious injury” threshold defined by state law.
What Qualifies as a Serious Injury?
To file a personal injury lawsuit outside of the no-fault system, you must prove that you suffered a “serious injury,” such as:
- A broken bone
- Significant disfigurement
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Substantial disability lasting at least 90 days during the 180 days following the accident
If your injury qualifies, you can sue the at-fault driver for pain and suffering, emotional distress, and other damages.
Comparative Fault in New York
New York follows a pure comparative fault rule. This means that even if you are partially at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault.
For example, if your total damages are $100,000 and you’re found to be 20% at fault, you would receive $80,000.
Minimum Auto Insurance Requirements
New York requires drivers to carry the following minimum coverage:
- $25,000 for bodily injury per person ($50,000 for death)
- $50,000 for bodily injury per accident ($100,000 for death)
- $10,000 for property damage per accident
- $50,000 in no-fault (PIP) coverage
Additionally, drivers must carry uninsured motorist (UM) coverage for bodily injury.
Statute of Limitations for Car Accident Claims
The deadline for filing a personal injury lawsuit in New York is three years from the date of the accident. If the accident resulted in a fatality, the statute of limitations for filing a wrongful death claim is two years from the date of death.
Claims against government entities have shorter deadlines and require a formal Notice of Claim within 90 days of the incident.
Reporting a Crash in New York
You must report a car crash to the police if:
- Someone is injured or killed
- Property damage exceeds $1,000
In addition, a Report of Motor Vehicle Accident (MV-104) must be filed with the DMV within 10 days of the accident if required. Failure to file can lead to license suspension.
Personal Injury Laws in New York
New York allows individuals to file personal injury claims for harm caused by another’s negligence. This includes not only car accidents but also:
- Slip and fall injuries
- Workplace accidents
- Medical malpractice
- Product liability
- Dog bites
You may seek compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and emotional trauma. New York does not cap damages in personal injury cases, which can allow for full compensation.
What If the At-Fault Driver Is Uninsured?
If the at-fault driver has no insurance or flees the scene, your uninsured motorist (UM) coverage can help pay for your injuries. If the driver doesn’t have enough insurance, underinsured motorist (UIM) coverage can fill the gap—if your policy includes it.
These coverages apply only to bodily injuries, not vehicle damage.
Can Injured Passengers File a Claim?
Yes. Passengers injured in a car crash can file a claim through the driver’s no-fault insurance policy for medical expenses and lost income. If their injuries meet the serious injury threshold, they may also sue the at-fault driver or other liable parties for pain and suffering.
Passengers are rarely considered at fault, making their claims generally easier to resolve.
Do You Need a Lawyer After a New York Car Accident?
Because of New York’s no-fault system and strict legal thresholds for lawsuits, accident cases can become complicated quickly. A personal injury lawyer can help you determine whether your injuries qualify for a lawsuit, gather evidence, and negotiate with insurers. Most attorneys offer free consultations and only get paid if you recover compensation.