New York is a no-fault state with unique rules that affect every car accident claim. Understanding the no-fault system and the serious injury threshold before you do anything else is essential.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
New York statute of limitations for car accident claims: 3 years from the date of the accident (CPLR § 214). No-fault PIP claims must be filed within 30 days of the accident — this is a critical short deadline.
New York requires all drivers to carry Personal Injury Protection (PIP) also called no-fault insurance (Insurance Law § 5102). Your own PIP coverage pays your medical bills and lost wages up to $50,000 regardless of who was at fault. However to step outside the no-fault system and sue the at-fault driver for pain and suffering, you must meet the 'serious injury' threshold — defined as death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, permanent consequential limitation, significant limitation, or a medically determined injury preventing normal activities for at least 90 of the 180 days following the accident.
New York-Specific Tip
New York City car accident claims involving taxis, Uber/Lyft, city buses, or MTA vehicles have different rules and much shorter notice of claim deadlines — as short as 90 days for city vehicles. If any government or quasi-government vehicle was involved, contact an attorney immediately.
📊 New York City has the highest volume of car accident claims of any metropolitan area in the United States. The MTA and New York City Transit are also frequently involved in accident claims with very short notice of claim requirements.
Call 911 — New York requires a police report for accidents involving injury
Exchange insurance, license, and registration information
Photograph all vehicles, road conditions, and injuries
File a no-fault PIP claim with your own insurer within 30 days — this is a strict deadline
Get witness contact information
Seek medical attention immediately — no-fault covers your medical bills up to $50,000
Do NOT give a recorded statement to the other driver's insurer without an attorney
Contact a New York personal injury attorney if your injuries may meet the serious injury threshold
New York requires all drivers to carry PIP (Personal Injury Protection) coverage that pays your medical bills and lost wages up to $50,000 regardless of who caused the accident. To sue the at-fault driver for pain and suffering beyond no-fault, you must meet the serious injury threshold. Your PIP claim must be filed with your own insurer within 30 days of the accident.
To sue outside the no-fault system in New York, you must have suffered a 'serious injury' as defined by Insurance Law § 5102(d): death, dismemberment, significant disfigurement, bone fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury preventing normal activities for at least 90 out of the 180 days following the accident.
3 years from the date of the accident under CPLR § 214. However your no-fault PIP claim must be filed within 30 days of the accident. If a government vehicle was involved (NYPD, MTA, city bus, sanitation truck), you must file a Notice of Claim within 90 days — missing this deadline bars your claim against the government entirely.
New York — particularly New York City — has some of the highest car accident settlements and verdicts in the country. Serious injury cases involving permanent injuries frequently settle for $200,000 to over $1 million. New York juries, particularly in the five boroughs, have historically awarded very significant verdicts in serious injury cases.
No upfront cost. Contingency fees — you only pay if you win.
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