Statute of Limitations
New York imposes a 3-year statute of limitations for personal injury claims under CPLR § 214. The state is a no-fault insurance state with mandatory $50,000 PIP coverage — the highest in the nation. To sue for pain and suffering, injuries must meet the "serious injury" threshold under Insurance Law § 5102(d), which includes 9 categories: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, significant limitation of use, and non-permanent medically determined injury preventing normal activities for 90 of 180 days. Pure comparative negligence applies. Minimum liability is 25/50/10.
3 years from accident date
Exposure in New York
Source: NY DOT 2024
Source: Insurance industry data
Source: NHTSA FARS 2024