New York Car Accident Laws: Everything You Need to Know (2026)

# New York Car Accident Laws: Everything You Need to Know

> **AT A GLANCE:**
> – **System:** No-fault with fault-based option for serious injuries
> – **PIP:** $50,000 minimum (among the highest in the US)
> – **Comparative fault:** Pure comparative negligence (CPLR 1411)
> – **Serious injury threshold:** Must qualify to sue for pain and suffering
> – **Statute of limitations:** 3 years PI, 3 years PD
> – **Minimum insurance:** 25/50/10 + $50,000 PIP

—

## New York’s No-Fault System Explained

New York is a **no-fault state**, which means your own insurance pays for your medical bills and lost wages after an accident — regardless of who caused it. This is fundamentally different from fault states like Texas or California.

### How No-Fault Works

1. **After an accident**, you file a claim with **your own insurer** (not the other driver’s)
2. Your **PIP (Personal Injury Protection)** covers:
– Medical expenses
– Lost earnings (up to $2,000/month)
– Other reasonable expenses (household services, transportation to medical appointments)
3. PIP covers up to **$50,000** — one of the highest PIP minimums in the country
4. PIP pays **regardless of fault**

### The Catch: You Cannot Sue Unless Your Injury Is “Serious”

New York’s no-fault system limits your right to sue. You can only file a liability lawsuit for **pain and suffering** if your injury meets the **”serious injury” threshold** under NY Insurance Law § 5102(d).

—

## The Serious Injury Threshold

To step outside the no-fault system and sue for pain and suffering, your injury must qualify under one of these categories:

1. **Death**
2. **Dismemberment**
3. **Significant disfigurement**
4. **Fracture**
5. **Loss of a fetus**
6. **Permanent loss of use** of a body organ, member, function, or system
7. **Permanent consequential limitation** of use of a body organ or member
8. **Significant limitation of use** of a body function or system
9. **Non-permanent injury** preventing substantially all daily activities for **90+ days out of 180 days** following the accident (the “90/180 rule”)

### The 90/180 Rule

Category 9 is the most commonly litigated. To qualify:
– Your injury must have prevented you from performing **substantially all** of your customary daily activities
– For at least **90 days** within the first **180 days** after the accident
– This requires strong medical documentation and consistent treatment records

—

## Pure Comparative Negligence

When your injury qualifies as “serious” and you can sue, New York follows **pure comparative negligence** (CPLR 1411). This means:

– You can recover damages even if you were **99% at fault**
– Your recovery is reduced by your fault percentage
– There is **no fault bar** — unlike Texas (51%) or Georgia (50%)

**Example:**
– Total damages: $200,000
– Your fault: 40%
– Recovery: $120,000 (reduced by 40%)

This is the most plaintiff-friendly fault system possible, shared with California among the states covered on this site.

—

## Minimum Insurance Requirements

| Coverage | Minimum |
|———-|———|
| Bodily Injury per Person | $25,000 |
| Bodily Injury per Accident | $50,000 |
| Property Damage | $10,000 |
| PIP (Basic Economic Loss) | $50,000 |
| Uninsured Motorist (UM) | 25/50 |
| SUM (Supplementary UM) | Required to be offered |

**Key points:**
– New York **requires** PIP and UM coverage (unlike most fault states)
– The $50,000 PIP minimum is among the highest nationally
– **SUM (Supplementary Uninsured/Underinsured Motorist)** coverage must be offered by insurers

—

## Statute of Limitations

**Critical:** Claims against New York government entities (NYC, MTA, state agencies) require a **Notice of Claim within 90 days** — much shorter than the standard 3-year deadline.

—

## Accident Reporting Requirements

File the **MV-104** form with the NY DMV within 10 days. This is separate from the police report.

—

## How New York Compares to Other States

—

## Key Concepts for New York Accidents

### No-Fault Benefits (PIP) vs. Liability Claims

– **PIP claim:** File with your own insurer. Covers medical bills and lost wages up to $50,000. No fault determination needed.
– **Liability claim:** File against the at-fault driver. Only available if your injury meets the serious injury threshold. Covers pain and suffering, excess medical costs, and other damages beyond PIP.

### Property Damage Is Always Fault-Based

New York’s no-fault system only applies to **personal injury**. Property damage claims are always fault-based — you pursue the at-fault driver’s insurer for vehicle repairs.

### Uninsured/Underinsured Motorist Coverage

New York requires UM coverage at 25/50. **SUM** (Supplementary Uninsured/Underinsured Motorist) provides additional protection and must be offered by all insurers.

—

## Frequently Asked Questions

### Do I file with my insurance or the other driver’s?
For **medical bills and lost wages**: file PIP with your own insurer (no-fault). For **property damage**: file with the at-fault driver’s insurer. For **pain and suffering**: only if your injury is “serious.”

### What counts as a “serious injury” in New York?
The categories are defined in NY Insurance Law § 5102(d): death, dismemberment, fracture, significant disfigurement, permanent loss of use, permanent limitation, significant limitation, loss of a fetus, or a non-permanent injury preventing daily activities for 90+ days.

### Can I sue even if I was partly at fault?
Yes. New York uses pure comparative negligence — you can recover even at 99% fault, with your recovery reduced by your fault percentage. But you must first meet the serious injury threshold.

### What about government vehicles (NYPD, MTA bus)?
You must file a **Notice of Claim within 90 days**. This is a strict deadline. Missing it typically bars your claim.

—

## Related Guides

– [What to Do After a Car Accident in New York](/new-york/car-accident-guide/)
– [How to File an Insurance Claim in New York](/new-york/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in New York?](/new-york/do-i-need-a-lawyer/)

—

**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.

Were You in an Accident? Get a Free Case Evaluation

This is not a guarantee of legal representation. A local attorney may review your case at no cost.