If you were injured in a car accident in New York City, you have three years from the date of the crash to file a personal injury lawsuit under New York CPLR § 214. However, certain steps taken in the days immediately after the accident determine whether you can actually collect compensation. This guide covers exactly what to do, what New York’s no-fault insurance system means for your claim, and when a personal injury attorney can help you recover damages beyond what no-fault covers.
How New York’s No-Fault Car Insurance System Works
New York is a no-fault state. Under New York Insurance Law § 5102, every driver is required to carry Personal Injury Protection (PIP) coverage of at least $50,000. After a car accident, you file a claim with your own insurance company regardless of who caused the crash. Your insurer pays for medical bills and lost wages up to the policy limit, without requiring you to prove fault.
No-fault covers:
- Necessary medical expenses related to the accident
- 80% of lost wages, up to $2,000 per month
- Other reasonable expenses, such as transportation to medical appointments
No-fault does not cover:
- Pain and suffering
- Property damage to your vehicle
- Damages above the policy limit
To file a no-fault claim in New York, you must notify your insurer within 30 days of the accident and submit proof of claim forms within 45 days.
When You Can Sue the At-Fault Driver in New York
New York’s no-fault system limits lawsuits to cases involving a “serious injury” as defined under Insurance Law § 5102(d). A serious injury includes:
- Significant disfigurement
- A bone fracture
- 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
- A medically determined injury that prevents the injured person from performing substantially all of their usual and customary activities for at least 90 of the 180 days immediately following the accident
If your injuries meet the serious injury threshold, you can bring a lawsuit against the at-fault driver for pain and suffering, full lost wages, and other damages not covered by no-fault.
Steps to Take After a Car Accident in NYC
1. Call 911
New York law requires you to report any accident involving injury, death, or property damage exceeding $1,000 to the police. In New York City, the responding officers will file an MV-104 police report. Request the report number before they leave the scene.
2. Get Medical Attention Immediately
Emergency room records, ambulance reports, and same-day treatment notes establish that your injuries were caused by the accident, not something else. A gap in treatment gives insurance companies grounds to argue that your injuries were minor or pre-existing. If you feel any pain at the scene, go to the emergency room the same day.
3. Document the Scene
Photograph the vehicle positions, skid marks, traffic signals, and any visible injuries before vehicles are moved. Get the other driver’s name, license plate, insurance company, and policy number. Collect contact information from witnesses.
4. Notify Your Insurance Company
Report the accident to your insurer within 30 days to preserve your no-fault benefits. You are not required to give a recorded statement to the other driver’s insurance company.
5. Preserve Evidence
Do not repair your vehicle until it has been inspected and photographed. Keep all medical bills, prescription receipts, and records of time missed from work. Save any communications from insurance adjusters in writing.
6. Consult a New York Car Accident Attorney
If you have suffered a serious injury, an attorney can evaluate whether your case exceeds the no-fault threshold, identify all sources of insurance coverage, and handle negotiations with insurance companies while you focus on recovery.
Common Causes of Car Accidents in New York City
New York City’s density and traffic volume make it one of the most dangerous driving environments in the United States. The most common causes of injury-producing crashes in NYC include:
- Distracted driving: Texting, phone use, and in-vehicle distractions are cited in a significant percentage of NYC collision reports
- Failure to yield: Intersection accidents caused by drivers running red lights or failing to yield at crosswalks
- Speeding: Particularly on highway ramps and expressways including the BQE, FDR Drive, and Belt Parkway
- Drunk or drugged driving: DUI-related crashes are a leading cause of fatal accidents in all five boroughs
- Truck and commercial vehicle negligence: Wide-turn accidents, loading zone violations, and fatigued driving involving delivery vehicles
How Car Accident Damages Are Calculated in New York
In a successful personal injury lawsuit, New York allows recovery of:
- Medical expenses: Past and future costs of treatment, rehabilitation, and any necessary medical equipment
- Lost wages: Income lost while unable to work, plus lost earning capacity if the injury is permanent
- Pain and suffering: Physical pain and emotional distress, which are not covered by no-fault and can be substantial in serious injury cases
- Property damage: The cost to repair or replace your vehicle
New York follows pure comparative negligence under CPLR Article 14-A. If you were partially at fault for the accident, your damages are reduced by your percentage of fault. You can still recover even if you were 99% at fault, though few cases reach that level.
Frequently Asked Questions: Car Accidents in New York
How long do I have to file a car accident lawsuit in New York?
Three years from the date of the accident under CPLR § 214. If your claim involves a government vehicle or city-owned property, a Notice of Claim must be filed within 90 days.
What if the other driver was uninsured?
Your own policy’s Uninsured Motorist (UM) coverage applies. New York requires a minimum UM coverage of $25,000 per person and $50,000 per accident.
Can I sue for a car accident even if the airbags did not deploy?
Yes. Airbag deployment is not a legal threshold. What matters is whether your injuries meet the serious injury standard under Insurance Law § 5102(d).
What if I was a pedestrian hit by a car?
Pedestrians injured by a motor vehicle in New York can access no-fault benefits through the vehicle owner’s policy and can sue the at-fault driver if the serious injury threshold is met. You do not need to be in a vehicle.
How much is a car accident case worth in NYC?
Every case is different. Factors include the severity of your injuries, the amount of medical treatment needed, your lost wages, and whether the injury is permanent. Settlements for serious injuries in New York regularly reach six and seven figures, particularly in cases involving fractures, spinal injuries, or traumatic brain injuries.
Talk to a New York City Car Accident Lawyer
At Liakas Law, our attorneys represent car accident victims throughout the five boroughs of New York City. We handle every aspect of the claim: filing no-fault paperwork, negotiating with insurers, and litigating in New York Supreme Court when a fair settlement is not offered. Our firm works on a contingency fee basis, so you pay nothing unless we recover compensation for you.
If you were injured in a car accident in New York, contact Liakas Law for a free consultation.
