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New York car accident law: deadlines, fault and your claim

New York is a no-fault state: your own coverage pays medical bills first, pain-and-suffering suits need a serious injury, and most injury suits must be filed within three years.

Last reviewed By the Editorial team 6 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In New York you generally have 3 years from the crash to sue for injuries and 2 years from the date of death for a wrongful death claim. New York is a no-fault state: Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary pays medical bills and part of lost pay up to $50,000, and you can sue for pain and suffering only after a "serious injury". Since a 2026 change, you recover nothing in a car-crash injury suit if you were more at fault than the people you sue.

New York law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury3 yearsN.Y. CPLR 214(5)
Vehicle or property damage3 yearsN.Y. CPLR 214(4)
Wrongful death2 yearsfrom the date of deathN.Y. Est. Powers & Trusts Law § 5-4.1(1)
Shared fault51% bar Modified comparative fault (51% bar)N.Y. CPLR 1411(b) (motor-vehicle injury claims); CPLR 1411(a) pure comparative for other claims

Since May 26, 2026, a car-crash injury plaintiff more at fault than the defendant(s) recovers nothing; wrongful death and property damage claims stay pure comparative, and suits filed before that date follow the old pure rule.

Key facts

Injury lawsuit deadline
3 yearsN.Y. CPLR 214(5)
Vehicle damage deadline
3 yearsN.Y. CPLR 214(4)
Wrongful death deadline
2 yearsFrom the date of death
Fault rule (injury suits)
Barred if more at fault than the defendantsDamages cut by your share
Notice to a local government
90 daysNotice of claim
Minimum liability insurance
$25,000 / $50,000 / $10,000Per person / per crash / property
Fault system
No-fault$50,000 of basic no-fault benefits
Traffic deaths in New York, 2024
1,101IIHS
State bar referral service
Online request formNew York State Bar Association Lawyer Referral Service

Filing deadlines in New York#

The Civil Practice Law and Rules set the Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for most crash lawsuits. The clock usually starts on the day of the crash, but claims against government bodies start with much shorter notice deadlines.

ClaimDeadlineLaw
Personal injury3 yearsN.Y. CPLR 214(5)
Damage to your vehicle or other property3 yearsN.Y. CPLR 214(4)
Wrongful death2 years from the date of deathN.Y. Est. Powers & Trusts Law § 5-4.1(1)
Claim against a city, county, town or villageNotice of claim within 90 days; lawsuit within 1 year and 90 daysGen. Mun. Law §§ 50-e, 50-i
Claim against New York StateClaim or notice of intention within 90 daysCourt of Claims Act § 10(3)
No-fault benefits claimWritten notice within 30 daysInsurance Regulation 68

For an injured child, the deadline is generally extended to three years after the child turns 18, a form of Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary. Local governments need a notice of claim, served within 90 days, before suing a city, county, town, village, fire district or school district. A court can allow a late notice in some cases, but never past the time limit to sue. Claims against the State go to the Court of Claims; if you serve a notice of intention in time, the claim itself is due within 2 years after it arose.

How fault is shared in New York#

New York changed its fault rule for car crashes in 2026. Under CPLR 1411(b), in an injury suit covered by the no-fault law, your own fault bars recovery if it is greater than the fault of the person you sue, or of all the people you sue together. If your share is smaller, your damages are reduced by it. This is a form of Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary.

Wrongful death and property damage claims still follow CPLR 1411(a): your fault only reduces what you recover. Older cases may follow the earlier rule, so a lawyer can confirm which version applies.

Try the fault-rule explainer to compare New York with other states.

Insurance in New York#

Every New York policy must include liability coverage of at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. It must also include basic no-fault coverage, which pays "basic economic loss" up to $50,000 per person, whoever caused the crash:

  • Medical and rehabilitation costs, including psychiatric services.
  • Lost earnings: 80% of lost pay, up to $2,000 a month for up to 3 years.
  • Other reasonable and necessary expenses, up to $25 a day for up to a year.

No-fault does not pay for car repairs; those come from the at-fault driver's insurer or your own collision coverage. See who pays medical bills.

Other coverage on a New York policy:

  • Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary: Required: same as the bodily injury minimums ($25,000/$50,000), for accidents in New York.
  • Underinsured motorist: Supplementary UM/UIM (SUM) is added at your bodily injury limits unless you decline or lower it in writing.
  • Medical payments: Optional.

The Insurance Information Institute estimates that 8.6% of New York drivers were uninsured in 2023. Questions about an insurer go to the New York State Department of Financial Services (DFS) hotline at 800-342-3736.

After a crash in New York#

The Vehicle and Traffic Law sets two separate duties:

  1. Stop and report injuries. Under § 600, a driver who knows or should know someone was hurt must stop, show their license and give their name, address and insurer to the injured person and to a police officer, or report to the nearest police station if no officer is there.
  2. File your own report. Under § 605, every driver in a crash that kills or injures anyone, or damages any one person's property by more than $1,000, must send a written report (form MV-104) to the DMV within 10 days. Telling the police does not replace it, and the DMV may suspend your driving privilege until it is on file.

To get a copy of a crash report, order it from the New York DMV online, through the DMV's Records Request Navigator, or by mail with form MV-198C. Online orders cost a $7 search fee plus $15 per report. A paper police report is available at least 30 days after the crash, and a driver's own report at least 60 days after. NYPD reports can also be pulled from an online portal; see the New York City guide and our guide to police reports.

Special rules in New York#

The serious injury threshold. Under Insurance Law § 5104(a), you can sue another driver for pain and suffering only if you have a serious injury, and for economic losses only beyond what no-fault pays. The Serious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary is defined in § 5102(d), revised in 2026. The current text lists 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.

Owners are liable for permitted drivers. Under Vehicle and Traffic Law § 388, every vehicle owner is liable for deaths and injuries caused by the negligence of anyone driving it with the owner's permission. If a borrowed car hit you, the owner's policy may be part of the claim.

Dram shop law. Under New York's dram shop law, a person injured because of someone's intoxication can sue whoever caused or contributed to it by selling alcohol unlawfully, such as to a visibly intoxicated person or someone under 21.

Crashes on New York roads#

IIHS counted 1,101 crash deaths in New York in 2024, or 5.5 per 100,000 people, against 11.5 per 100,000 people nationally. That year, 33% of deaths were speeding-related and 26% happened on rural roads.

Finding a lawyer in New York#

The New York State Bar Association Lawyer Referral Service takes requests through an online form and assigns a participating lawyer. For personal injury cases, the first consultation is free. It does not serve Bronx, Dutchess, Erie, Kings, Monroe, Nassau, New York, Oneida, Onondaga, Orange, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester counties; for New York City, the City Bar's service answers at 212-626-7373. Read how referral services work.

Before you hire anyone, look the lawyer up in the courts' Attorney Search. For questions about discipline, contact the grievance committee for the Appellate Division that admitted the lawyer.

Questions people ask

What is the statute of limitations for a car accident in New York?

Generally 3 years from the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Claims against a local government or the State start with a notice or claim due within 90 days.

Is New York a no-fault state?

Yes. Your no-fault coverage pays medical bills and part of lost earnings up to $50,000, whoever caused the crash. Pedestrians claim from the car that hit them. You must give the insurer written notice within 30 days.

Can I sue for pain and suffering after a New York car accident?

Only if your injury meets the serious injury definition in Insurance Law § 5102(d), such as a fracture or a significant limitation of use of a body function or system. You can sue for economic losses above what no-fault pays without meeting that test. See pain and suffering.

Can I recover if I was partly at fault in New York?

In a car-crash injury suit, yes, if your fault is not greater than that of the people you sue. Your damages are reduced by your share. Property damage and wrongful death claims are reduced by your share but never barred.

Do I have to report a car accident to the DMV in New York?

Yes, if anyone was hurt or killed, or any one person's property damage is over $1,000. File form MV-104 within 10 days; telling the police does not replace it.

How do I check a New York lawyer's license?

Search the New York courts' Attorney Search for the lawyer's registration and date of admission.

Sources

  1. New York State Senate, CPLR 1411 — comparative fault and the 2026 rule for motor-vehicle injury suits
  2. New York State Senate, Insurance Law § 5102 — basic economic loss and the current serious injury definition
  3. New York State Senate, General Municipal Law § 50-e — notice of claim and late notice
  4. New York State Senate, General Municipal Law § 50-i — suits against cities, counties, towns and villages
  5. New York State Senate, Vehicle and Traffic Law § 600 — duties after a crash
  6. New York State DMV, Order and access motor vehicle crash (accident) reports
  7. New York State Department of Financial Services, Auto insurance — no-fault benefits
  8. New York State Senate, CPLR 214 — as of October 2026
  9. New York State Senate, EPTL 5-4.1 — as of October 2026
  10. New York State Bar Association, Lawyer Referral Service — as of October 2026
  11. New York State Senate, Court of Claims Act § 10(3) — as of October 2026
  12. New York State Senate, CPLR 208(a) and CPLR 105(j) — as of October 2026
  13. New York State Senate, Vehicle and Traffic Law § 605(a)(1) — as of October 2026
  14. New York State Senate, Insurance Law § 5104(a) — as of October 2026
  15. New York State Senate, Vehicle and Traffic Law § 388(1) — as of October 2026
  16. New York State Senate, General Obligations Law § 11-101 (with Alcoholic Beverage Control Law § 65) — as of October 2026
  17. New York State Bar Association, Lawyer Referral Attorney Application — as of October 2026
  18. New York City Bar Legal Referral Service, Request a Lawyer — as of October 2026
  19. New York State Unified Court System, Ask a Law Librarian: How do I research an attorney? — as of October 2026
  20. New York State Department of Motor Vehicles, New York State Insurance Requirements — as of October 2026
  21. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  22. New York State Department of Financial Services, Contact — as of October 2026
  23. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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