New York Car Accident Laws

New York car accident laws can be confusing, but the basics come down to a few key rules: the state runs on a no-fault insurance system, you usually have three years to file a lawsuit, and you can still recover money even if the crash was partly your fault. Those rules decide how you get paid, how much, and how quickly you need to act.

The problem is that insurance companies know these laws far better than the average driver, and they count on that gap. A small misstep early on, like a recorded statement or a missed deadline, can end up costing you thousands.

That’s why it helps to understand the rules before you need them, or to have someone who already does. At Edelman, Krasin & Jaye, our Long Island car accident lawyers have spent years turning these laws to our clients’ advantage.

New York Is a No-Fault Insurance State

New York is one of a dozen or so no-fault states, which means that after most crashes, your own insurance pays your initial medical bills and lost earnings, no matter who caused the accident. This coverage is called Personal Injury Protection (PIP), and every registered vehicle must carry at least $50,000 in it, per the New York State Department of Financial Services.

The upside is speed: you don’t have to prove fault to start getting care. The downside is that no-fault has a limit, and serious injuries blow right past it.

When your costs exceed your PIP coverage, that’s when the question of fault, and a possible lawsuit, comes into play. Edelman, Krasin & Jaye regularly steps in at exactly this point to pursue the at-fault driver for everything no-fault leaves behind.

For a free legal consultation, call (800) 469-7429

The Serious Injury Threshold

Here’s where New York car accident laws get strict. To sue the at-fault driver for pain and suffering, your injury has to meet the state’s “serious injury” threshold under Insurance Law § 5102(d). That legal definition includes:

Death
Broken bones
Significant disfigurement
Permanent loss or limitation of a body part, organ, or system
A medically determined injury preventing normal activities for at least 90 of the 180 days after the crash

If your injury doesn’t clear this bar, you’re generally stuck inside the no-fault system. Insurers know this, so they fight hard to label injuries as “minor.” Proving a case meets the threshold often takes detailed medical records and expert testimony, which is a big part of what a car accident lawyer handles.

How Fault Is Shared: Comparative Negligence

New York uses a rule called pure comparative negligence, and it’s good news for injured drivers. Under CPLR § 1411, you can recover compensation even if you were partly, or even mostly, to blame for the crash. Your award is simply reduced by your share of fault, for example:

Found 10% at fault on a $100,000 claim? You collect $90,000.
Found 50% at fault? You still collect $50,000.
Found 99% at fault? You can technically still recover 1%.

The catch is that insurers will try to pile as much blame on you as possible to shrink the payout. Pushing back on an inflated fault percentage is one of the most valuable things our team does on a claim.

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New York Deadlines You Can’t Miss

Timing is one of the most unforgiving parts of New York car accident laws. Under the state’s CPLR § 214, you generally have three years from the date of the crash to file a personal injury lawsuit. A few situations move much faster, though:

Claims Against Government Entities

If your crash involved a city vehicle or an MTA bus, you may have to file a formal “notice of claim” within 90 days. Miss it, and your case can be over before it starts.

Reporting the Accident

New York requires drivers to report any crash involving injury, death, or property damage over $1,000 to the New York State DMV within 10 days. Failing to do so can put your license at risk.

Because these windows vary so much, talking to Edelman, Krasin & Jaye early is the safest way to make sure none of them slip by.

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What You’re Required to Carry

Every driver in the state has to meet minimum insurance requirements before they can register a vehicle. New York mandates at least:

$25,000 for bodily injury per person / $50,000 per accident
$50,000 for death per person / $100,000 per accident
$10,000 for property damage
$50,000 in no-fault (PIP) coverage

Those minimums are lower than what a severe crash often costs, which is why uninsured and underinsured motorist coverage matters so much. When the at-fault driver doesn’t carry enough, our attorneys look to other sources, including your own policy, to close the gap.

New York Car Accident Laws FAQs

Can I Still Sue If the Accident Was Partly My Fault?

You can still sue if the accident was partly your fault, because New York follows pure comparative negligence under CPLR § 1411. Your compensation is reduced by your percentage of blame, but there’s no cutoff that bars you from recovering, even if you were more at fault than the other driver.

This is very different from states with a 50% bar. In New York, being partly responsible lowers your payout, but it never automatically ends your claim. An insurer may imply otherwise, so it’s worth confirming your rights before accepting that a partial-fault crash isn’t worth pursuing.

How Long Do I Have to File a Car Accident Lawsuit in New York?

You generally have three years to file a car accident lawsuit in New York, measured from the date of the crash under CPLR § 214. That’s the standard deadline for personal injury claims tied to a motor vehicle accident.

Some exceptions shorten that window dramatically, especially claims against a government agency, which can require a notice of claim within 90 days. Because missing a deadline usually means losing the right to sue entirely, it’s smart to confirm which clock applies to your specific situation early on.

Do I Have to Report a Car Accident in New York?

You have to report a car accident in New York if it caused injury, death, or more than $1,000 in property damage, under state Vehicle and Traffic Law. The report goes to the New York State DMV and must be filed within 10 days of the crash.

Beyond the legal requirement, a documented report creates an official record that supports your insurance claim. Drivers who skip this step often find insurers using that gap to question whether the accident happened the way they describe.

Talk to a Lawyer About the New York Car Accident Laws

Understanding New York car accident laws is one thing; using them to get every dollar you’re owed is another. If you’ve been hurt in a crash, the team at Edelman, Krasin & Jaye can explain exactly where you stand, handle the insurers, and protect your claim from the mistakes that cost people money. Reach out today for a free, no-pressure consultation.

Call or text (800) 469-7429 or complete a Free Case Evaluation form