New York Car Accident Lawyer
Serving drivers across New York, including New York City, Buffalo, Rochester, Syracuse, Albany.
No cost. No obligation. Submitting does not create an attorney-client relationship.
New York combines dense urban traffic, aggressive insurers, and a no-fault system that can trip up anyone who was not injured seriously enough to meet the state’s "serious injury" threshold. The good news: New York’s 3-year personal injury statute of limitations is longer than most states, and its pure comparative fault rule is one of the most plaintiff-friendly in the country.
New York Car Accident Laws at a Glance
- Statute of limitations (personal injury)
- 3 years from the date of the crash (CPLR § 214)
- Statute of limitations (wrongful death)
- 2 years from the date of death (EPTL § 5-4.1)
- Fault rule
- Pure comparative fault — you can recover damages even if you were 99% at fault, reduced by your percentage of responsibility. No percentage bar.
- Insurance system
- No-fault state. Personal Injury Protection pays your medical bills regardless of fault, up to coverage limits. To sue the at-fault driver, you must meet the "serious injury" threshold of NY Insurance Law § 5102(d).
- Minimum liability coverage
- 25/50/10 BI liability + $50,000 PIP + $25,000/$50,000 UM (uninsured motorist, required)
- UM/UIM coverage
- UM is mandatory (25/50 minimum). Supplementary UM (SUM / UIM) must be offered.
- Claims against government entities
- Claims against NY municipal or state entities require a Notice of Claim typically within 90 days (Gen. Mun. Law § 50-e) — the shortest window of any major state.
Source: New York State Department of Financial Services, NY CPLR, NY Insurance Law § 5102. Rules change. Verify current deadlines and requirements with a licensed New York attorney before relying on any specific figure.
How New York fault rules affect your recovery
New York follows pure comparative fault. There is no percentage threshold that bars your recovery. Even if a jury finds you 90% responsible for the crash, you still recover 10% of your damages. Practically, insurers will still fight hard on percentages because every point shifted to you reduces what they owe — but they cannot eliminate your claim solely by arguing you were mostly at fault.
New York insurance system and your claim path
New York is a no-fault state. Every policy must include at least $50,000 of "basic economic loss" coverage (medical, 80% of lost wages up to $2,000/month, and other expenses). To sue the at-fault driver for pain and suffering, you must meet the "serious injury" threshold in Insurance Law § 5102(d) — which includes permanent loss of use, permanent consequential limitation, significant limitation of use, fracture, and several other categories. Not every injury qualifies.
Damages available in a New York car accident claim
Inside the no-fault system, economic losses (medical, wages, household services) are covered without regard to fault. Outside the no-fault system (with a serious injury), plaintiffs can pursue pain and suffering, loss of enjoyment, future medical expenses, and lost earning capacity. Punitive damages are available in cases of egregious conduct but are not capped by statute.
What to do after a New York crash
- Get medical care immediately. Delayed treatment is one of the most common reasons insurers discount claims. Same-day or next-day records tie injuries directly to the crash.
- Report the crash and file any required state accident report. Most states require a written report within 10 days for qualifying crashes.
- Document the scene. Photos, video, skid marks, debris positions, traffic signals, and weather all matter. Get the names and contact information of witnesses before people disperse.
- Do not give recorded statements. Early insurer statements are used to undercut claim value later. Be factual with police; defer substantive statements until legal review.
- Preserve evidence. Keep damaged clothing, equipment, and vehicle photographs. Do not authorize repairs or disposal until documented.
- Track expenses and losses. Every medical bill, every missed work shift, every receipt for transportation to medical appointments.
Request a free car accident case review from a participating New York attorney. There is no cost and no obligation to retain anyone.
Get My Free Case ReviewSubmitting does not create an attorney-client relationship. Participation varies by state.
New York Car Accident FAQ
How long do I have to file a car accident lawsuit in New York?
Generally 3 years from the crash date. Claims against the City of New York, state, or other municipalities require a Notice of Claim within 90 days — and you must sue within 1 year and 90 days.
What counts as a "serious injury" in New York?
NY Insurance Law § 5102(d) defines nine categories, including death, fracture, permanent loss of use, permanent consequential limitation, significant limitation of a body function or system, and significant disfigurement. Soft-tissue cases without objective findings often face fights over whether the threshold is met.
Can I still recover if I was mostly at fault in New York?
Yes. New York’s pure comparative fault means no percentage bar. You recover your damages minus your fault percentage.
Do I have to use my own New York PIP first?
Yes. NY no-fault (PIP) covers your medical bills and a portion of lost wages up to policy limits regardless of fault. You generally must submit a no-fault application within 30 days of the crash.
What if the New York driver who hit me had no insurance?
Your mandatory UM coverage (minimum 25/50) applies. SUM/UIM (if purchased) fills the gap between the at-fault driver’s policy and your own SUM limits.
Can I sue if a NYC bus or MTA vehicle hit me?
Yes, but you must file a Notice of Claim within 90 days and the lawsuit within 1 year and 90 days. MTA claims have their own procedural rules.
How long do most New York car accident cases take?
Timelines vary widely. Straightforward cases may settle within 6–12 months. Litigated cases commonly take 18–36 months, longer in NYC courts.