Frequently Asked Questions in New York

If you’ve been injured in an accident in New York, whether in Manhattan, Buffalo, or a rural town, it’s normal to feel overwhelmed and unsure about what to do next. From dealing with insurance claims to understanding your legal rights, having the right information is essential. This FAQ page answers common questions asked by victims and families navigating injury claims in the Empire State.

How long do I have to file a personal injury claim in New York?

In most cases, New York gives you three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the time limit is two years from the date of death. Claims against government agencies require a notice of claim within 90 days. Missing a deadline can prevent you from receiving any compensation.

What steps should I take immediately after an accident?

First, call 911 and get medical attention for any injuries. If it’s safe, take photos of the scene, damage, and any visible injuries. Get contact information from witnesses and those involved. Be sure to file a police report and keep all medical records and receipts.

Is New York a no-fault state for car accidents?

Yes, New York is a no-fault insurance state. This means your own insurance pays for your medical bills and lost wages, regardless of who caused the crash. However, if your injuries are serious or exceed a certain monetary threshold, you may be able to file a lawsuit against the at-fault driver.

Can I still recover compensation if I was partly at fault?

Yes. New York uses a pure comparative negligence rule. You can recover damages even if you were mostly at fault, but your compensation will be reduced by your percentage of fault. For example, if you were 30 percent at fault, your award would be reduced by 30 percent.

How do I request a police report in New York?

You can request a police accident report from the local police department or through the New York State Department of Motor Vehicles. Visit https://dmv.ny.gov for instructions on requesting a copy online or by mail. You will need the date of the accident, location, and names of those involved.

What compensation can I recover in a personal injury case?

You may be eligible for compensation for medical expenses, lost income, pain and suffering, emotional trauma, and property damage. If the injury has long-term effects, future care and loss of earning potential can also be considered. Every case is different, and a lawyer can help assess your options.

What if the at-fault driver has no insurance?

If the other driver doesn’t have insurance, you may be able to rely on your own uninsured motorist coverage. This coverage is required in New York and helps pay for medical costs and other damages. In serious cases, you may also have the option to file a lawsuit against the uninsured driver.

Can I file a lawsuit if I was injured on someone’s property?

Yes. If you were injured because of a hazardous condition on someone else’s property—such as a wet floor, icy sidewalk, or poor lighting—you may have a premises liability case. You’ll need to prove that the property owner was negligent and failed to address a known danger.

Who can file a wrongful death claim in New York?

A wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The compensation may go to surviving family members, such as a spouse, children, or parents. These claims must be filed within two years of the date of death.

Are there public resources for injured victims in New York?

Yes. Victims may qualify for Medicaid, SNAP benefits, or temporary disability assistance. If the injury resulted from a crime, the New York Office of Victim Services may help cover medical expenses, counseling, and lost income. These programs can offer financial relief during recovery.

What if my child was injured in an accident?

If a child is injured, a parent or legal guardian can file a personal injury claim on their behalf. Compensation can cover medical bills, emotional distress, and long-term impacts. While minors may have longer to file, starting early helps preserve evidence and strengthens the case.

Should I speak to the insurance company without a lawyer?

You can, but it’s not always a good idea. Insurance adjusters may try to get you to accept a low settlement or make statements that hurt your case. An attorney can handle communications and negotiations to help ensure you receive fair compensation.