New York Car Accident Law

If you were recently in a crash on the FDR Drive, a fender-bender in Buffalo, or a serious collision anywhere in between, you're probably asking the same questions most New Yorkers ask after an accident: Who pays my medical bills? Can I sue the other driver? How long do I have to act? New York car accident law answers these questions differently than most other states, largely because of its no-fault insurance system and a set of significant legal changes that took effect in 2026.

This matters because New York's rules are more layered than a simple "at-fault driver pays" system. Missing a short filing deadline, misunderstanding the no-fault process, or not realizing how a recent change to the "serious injury" definition affects your situation can limit what you're able to recover — regardless of how clearly the other driver was at fault.

This guide walks through how New York car accident law works today: the no-fault insurance system, the serious injury threshold, statutes of limitation, comparative fault rules, and the practical steps people commonly take after a crash. It's written for general education, not as legal advice for your specific situation.

What Is New York's No-Fault Insurance System?

Direct answer: No-fault insurance means your own auto policy pays your basic medical bills and some lost wages after a crash, regardless of who caused it, instead of you having to prove the other driver was at fault first.

Every registered vehicle in New York must carry at least $50,000 in Personal Injury Protection (PIP) coverage under Insurance Law Article 51. After an accident, this coverage generally applies to:

• Reasonable and necessary medical expenses related to the crash
• Up to 80% of lost earnings, capped at $2,000 per month, for a limited period
• Certain other out-of-pocket expenses, such as transportation to medical appointments
• A death benefit paid to the estate if the accident is fatal

No-fault does not cover pain and suffering, emotional distress, or vehicle damage. Those losses are addressed separately, either through a property damage claim or a personal injury lawsuit if the serious injury threshold is met.

The 30-Day No-Fault Filing Deadline

One of the most important early deadlines is submitting the Application for No-Fault Benefits, known as Form NF-2, to the correct insurer within 30 days of the accident. Insurers can deny an application filed after this window unless there is a documented, reasonable justification for the delay. Because this deadline is short and strictly enforced, it's one of the first things people typically address after seeking medical care.

When Can You Sue the At-Fault Driver in New York?

Direct answer: You can generally step outside the no-fault system and sue the at-fault driver only if your injury meets New York's "serious injury" threshold, or if your economic losses exceed your no-fault benefits.

Under Insurance Law § 5102(d), a "serious injury" is defined by specific categories rather than by how much pain a person is in. As of a 2026 change in New York law, the recognized categories generally include things such as:

• 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 a body organ or member
• Significant limitation of use of a body function or system

Courts have consistently required objective medical evidence — such as diagnostic imaging, clinical testing, and physician evaluations — rather than subjective pain complaints alone, to support a serious injury claim.

Important 2026 Change: The "90/180-Day" Category Was Eliminated

For decades, New York also recognized a category sometimes called the "90/180-day rule," which allowed a person to qualify as seriously injured if a non-permanent injury prevented them from performing their usual daily activities for at least 90 of the 180 days following the accident. As part of a broader package of motor vehicle tort reforms enacted in New York's FY2027 state budget, this category was eliminated effective May 26, 2026. This means claims filed on or after that date generally cannot rely on the 90/180-day category alone; they must instead fit within one of the remaining, more objective categories. Because this is a recent and significant change, anyone evaluating a claim tied to an accident on or after that date should confirm current requirements with an attorney or the official statutory text.

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

Direct answer: In most cases, you have three years from the date of the accident to file a personal injury lawsuit in New York, but the deadline can be shorter for claims against government entities and different for wrongful death cases.

Because timelines vary by the type of claim and the party being sued, here is a general overview. This is educational information only — deadlines can vary based on individual circumstances, so always confirm exact dates with a qualified attorney.

These figures are general and can shift based on the facts of a case — for example, whether the injured person is a minor, whether the at-fault party is a government entity, or whether the case involves a delayed death. Because missing a deadline can prevent a case from moving forward at all, confirming the applicable date early is one of the most important early steps.

How Does Fault Get Determined in a New York Car Accident?

Direct answer: New York generally follows a comparative negligence rule, meaning compensation can be reduced by a person's own percentage of fault, and recent reforms added a new limit for motor vehicle cases where a person is found more than 50% at fault.

Historically, New York applied "pure" comparative negligence under CPLR § 1411, which allowed an injured person to recover damages reduced by their own percentage of fault, even if they were mostly at fault. As part of the 2026 auto-insurance reform package, a new provision was added specifically for motor vehicle personal injury actions under Insurance Law Article 51: if a claimant's fault is found to be greater than the combined fault of the defendant(s), certain non-economic damages may be barred. This is a targeted change for auto cases rather than a full repeal of the state's general comparative negligence rule, which still applies broadly outside this context.

Because insurers and courts assess fault based on police reports, witness statements, traffic camera footage, and physical evidence, how fault is documented at the scene and afterward can materially affect a claim.

Common Situations After a New York Car Accident

After a Rear-End Collision

Rear-end crashes are common on highways such as the Long Island Expressway and BQE. Even when liability seems straightforward, injuries like whiplash may not immediately meet the "serious injury" threshold without proper, timely medical documentation.

After a Hit-and-Run

If the at-fault driver cannot be identified, New York's Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide a path to certain benefits, separate from a standard no-fault or liability claim.

After an Accident Involving a Pedestrian or Cyclist

Pedestrians and cyclists struck by a vehicle are generally covered by that vehicle's no-fault policy and may also pursue a liability claim if the serious injury threshold is met.

After a Crash Involving a City or MTA Vehicle

Claims against government-owned vehicles involve special, shorter notice requirements that differ from claims against private drivers, making early action especially important.

Evidence and Documents That Commonly Matter

Direct answer: Police reports, medical records, and photographic evidence are typically central to both no-fault claims and any later personal injury lawsuit.

• Police accident report (MV-104 or officer-generated report)
• Photographs of vehicle damage and the accident scene
• Contemporaneous medical records and diagnostic imaging
• No-fault application (Form NF-2) and insurer correspondence
• Wage and employment records, if lost income is claimed
• Witness contact information and statements
• Insurance policy declarations for all involved vehicles

Common Mistakes People Make After a Car Accident in New York

• Waiting too long to seek medical care, which can create gaps that insurers point to when disputing an injury's severity.
• Missing the 30-day no-fault filing deadline for Form NF-2.
• Giving a recorded statement to an insurer without understanding how it may be used later.
• Assuming a claim against a city vehicle works the same as a claim against a private driver, when notice deadlines are often much shorter.
• Not documenting the accident scene before vehicles are moved or repaired.
• Overlooking updated 2026 threshold and comparative fault rules when researching older articles or outdated information online.

When Might Someone Consider Speaking With an Attorney?

Direct answer: Many people consult an attorney when injuries are significant, fault is disputed, a claim is denied, or a government vehicle is involved, since these situations often involve tighter deadlines or more complex proof requirements.

Not every fender-bender requires legal representation, but circumstances that commonly lead people to seek an attorney's guidance include:

• The no-fault insurer has delayed, reduced, or denied benefits
• The injury may meet the "serious injury" threshold and pain-and-suffering compensation is being considered
• Fault is disputed between drivers
• A government vehicle or municipal entity was involved
• The accident resulted in a fatality
• Multiple insurance policies or out-of-state coverage are involved

An attorney cannot guarantee a particular outcome, but can help clarify which deadlines and rules apply to a specific set of facts.

Practical Next Steps After a Car Accident

1. Seek medical attention promptly, even if injuries seem minor at first.
2. Report the accident to the police and request a copy of the report.
3. Notify your insurer and file Form NF-2 within 30 days.
4. Document the scene with photos and collect witness information.
5. Keep records of medical treatment, bills, and missed work.
6. Avoid giving recorded statements to an insurer before understanding your rights.
7. Consider speaking with a qualified New York Car Accident Lawyer , especially if injuries are significant, fault is disputed, or a claim is denied.

Frequently Asked Questions