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New York car accident laws
Is New York a no-fault state? Yes. New York is a no-fault state: your own personal injury protection (PIP) pays first, with at least $50,000 required, and you can sue the other driver only past the state's threshold. Give your own auto insurer written notice of the accident as soon as you reasonably can and no later than 30 days after the crash, unless you can show clear and reasonable justification for being late.
New York gives you three years to file a personal injury lawsuit (N.Y. C.P.L.R. § 214(5)).
The legal minimum liability coverage in New York is $25,000 per injured person, $50,000 per crash and $10,000 for property (25/50/10).
For car-crash injury claims (actions subject to the no-fault law, Insurance Law Article 51), you recover nothing if your fault is greater than the other party's (51% or more), and otherwise your award is reduced by your share. This replaced New York's pure comparative rule for these claims in May 2026; other kinds of cases remain pure comparative under CPLR 1411(a).
Quoted from New York statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | New York | Source |
|---|---|---|
| Deadline to sue for an injury | Three years for an action to recover damages for a personal injury (accrual at injury; exceptions in CPLR 214-b, 214-c, 214-i and 215) | N.Y. C.P.L.R. § 214(5) |
| Deadline for vehicle damage | Three years for an action to recover damages for an injury to property | N.Y. C.P.L.R. § 214(4) |
| Deadline for a wrongful death claim | Two years after the decedent's death | N.Y. Est. Powers & Trusts Law § 5-4.1(1) |
| Claims against a government body | A notice of claim must be served on a public corporation (city, county, town, school district) within 90 days after the claim arises (for wrongful death, 90 days from appointment of the estate's representative); suit then must be brought within one year and 90 days. | N.Y. Gen. Mun. Law § 50-e(1)(a) |
| Insurance system | no-fault; PIP required ($50,000). To sue: You can sue the other driver for pain and suffering (non-economic loss) only if you have a 'serious injury': 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 use of a body organ or member; or significant limitation of use of a body function or system. Your own no-fault (PIP) benefits pay basic economic loss up to $50,000 per person regardless of fault. | N.Y. Ins. Law § 5102(d) (serious injury), § 5102(a) ($50,000 basic economic loss), § 5104(a) (no recovery for non-economic loss absent serious injury) |
| Deadline to use your PIP coverage | Give your own auto insurer written notice of the accident as soon as you reasonably can and no later than 30 days after the crash, unless you can show clear and reasonable justification for being late. | 11 NYCRR 65-1.1 (Mandatory Personal Injury Protection Endorsement, Conditions, Notice) |
| If you were partly at fault | modified comparative (51% bar). For car-crash injury claims (actions subject to the no-fault law, Insurance Law Article 51), you recover nothing if your fault is greater than the other party's (51% or more), and otherwise your award is reduced by your share. This replaced New York's pure comparative rule for these claims in May 2026; other kinds of cases remain pure comparative under CPLR 1411(a). | N.Y. C.P.L.R. § 1411(b) (added by 2026 budget Part EE); § 1411(a) |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $10,000 property | N.Y. Veh. & Traf. Law § 311(4) |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in New York can tell you the date that applies to you.
Next steps after a New York crash
How to get a New York crash report (Online: $7.00 search fee plus $15.00 report fee per report. By mail (form MV-198C): $10 non-refundable search fee plus $15 per report).
Check your deadline and a rough claim range
A filing date and a rough value range for New York. Both take under a minute.
Questions
How long do you have to sue after a car accident in New York?
Three years for an injury claim (N.Y. C.P.L.R. § 214(5)) and three years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is New York a no-fault state?
Yes. New York is a no-fault state: your own personal injury protection (PIP) pays first, with at least $50,000 required, and you can sue the other driver only past the state's threshold. Give your own auto insurer written notice of the accident as soon as you reasonably can and no later than 30 days after the crash, unless you can show clear and reasonable justification for being late.
Can I recover if I was partly at fault in New York?
New York follows modified comparative (51% bar). For car-crash injury claims (actions subject to the no-fault law, Insurance Law Article 51), you recover nothing if your fault is greater than the other party's (51% or more), and otherwise your award is reduced by your share. This replaced New York's pure comparative rule for these claims in May 2026; other kinds of cases remain pure comparative under CPLR 1411(a).
What is the minimum car insurance in New York?
The legal minimum liability coverage in New York is $25,000 per injured person, $50,000 per crash and $10,000 for property (25/50/10).
Sources
- Deadline to sue for an injury (N.Y. C.P.L.R. § 214(5)): www.nysenate.gov/legislation/laws/CVP/214
The following actions must be commenced within three years: [...] 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;
- Deadline for vehicle damage (N.Y. C.P.L.R. § 214(4)): www.nysenate.gov/legislation/laws/CVP/214
The following actions must be commenced within three years: [...] 4. an action to recover damages for an injury to property except as provided in section 214-c;
- Deadline for a wrongful death claim (N.Y. Est. Powers & Trusts Law § 5-4.1(1)): www.nysenate.gov/legislation/laws/EPT/5-4.1
Such an action must be commenced within two years after the decedent's death
- Claims against a government body (N.Y. Gen. Mun. Law § 50-e(1)(a)): www.nysenate.gov/legislation/laws/GMU/50-E
In any case founded upon tort where a notice of claim is required by law as a condition precedent to the commencement of an action or special proceeding against a public corporation, as defined in the general construction law, or any officer, appointee or employee thereof, the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises
- Insurance system (N.Y. Ins. Law § 5102(d) (serious injury), § 5102(a) ($50,000 basic economic loss), § 5104(a) (no recovery for non-economic loss absent serious injury)): www.nysenate.gov/legislation/laws/ISC/5102
(d) "Serious injury" means a personal injury which results in 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 use of a body organ or member; or significant limitation of use of a body function or system.
- Deadline to use your PIP coverage (11 NYCRR 65-1.1 (Mandatory Personal Injury Protection Endorsement, Conditions, Notice)): www.law.cornell.edu/regulations/new-york/11-NYCRR-65-1.1
written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the Company, or any of the Company's authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation.
- If you were partly at fault (N.Y. C.P.L.R. § 1411(b) (added by 2026 budget Part EE); § 1411(a)): www.nysenate.gov/legislation/laws/CVP/1411
(b) In any action to recover damages for personal injury subject to article fifty-one of the insurance law, the culpable conduct attributable to the claimant shall bar recovery if the culpable conduct attributable to the claimant is greater than the culpable conduct of the person against whom recovery is sought or is greater than the combined culpable conduct of the persons against whom recovery is sought.
- Minimum liability coverage (N.Y. Veh. & Traf. Law § 311(4)): www.nysenate.gov/legislation/laws/VAT/311
of twenty-five thousand dollars because of bodily injuries to and fifty thousand dollars because of death of one person in any one accident and, subject to said limit for one person, to a limit of fifty thousand dollars because of bodily injury to and one hundred thousand dollars because of death of two or more persons in any one accident, and to a limit of ten thousand dollars because of injury to or destruction of property of others in any one accident provided
Read October 2, 2026. Laws and fees change; the linked page is the authority.