Car accident claims: what to do next in New York

Who pays first: no-fault benefits

New York is a no-fault state. No-fault coverage, also called personal injury protection or PIP, pays your economic losses quickly, no matter who was at fault. It pays first, before your health insurance. It does not pay to fix your car. You usually claim from the insurer of the car you were in, or, if you were walking, the car that hit you.

No-fault pays up to $50,000 per person. That covers medical costs, lost pay of up to $2,000 a month for up to 3 years, and other reasonable costs. You must send written notice of your claim to the insurer within 30 days of the crash, unless you can show a good reason for the delay.

Source: N.Y. Insurance Law § 5102: No-fault definitions (current) · as of Oct 5, 2026

Source: N.Y. Insurance Law § 5102: No-fault definitions (current) · as of Oct 5, 2026

Claiming against the other driver

You can sue the other driver for economic losses above what no-fault pays. You can sue for pain and suffering only if you have a serious injury, as state law defines it. That includes death, losing a body part, serious disfigurement, a broken bone or losing a pregnancy. It also includes a lasting loss or limit in how part of your body works, or a major limit in how a body function works.

A 2026 law, chapter 58, changed these rules for lawsuits filed on or after late May 2026. It removed a type of serious injury based on being unable to do daily tasks for 90 of the first 180 days. It also caps pain and suffering money at $100,000 for some injured drivers who were partly at fault. This covers a driver who drove their own uninsured car, or who was convicted of impaired driving or a felony in the crash. The cap does not apply to death cases.

Source: N.Y. Insurance Law § 5104: Claims for personal injury · as of Oct 5, 2026

How fault is shared

For years, New York let you recover even if you were mostly at fault, with your money cut by your share. The 2026 law added a new rule for car crash injury lawsuits under the no-fault law. In those cases, you get nothing if your fault is greater than the fault of the people you sue, combined. If your fault is equal or less, your money is cut by your share.

The Assembly record shows the law was signed on May 26, 2026, and it took effect right away. It applies to lawsuits filed on or after that date. The new rule is written only for injury lawsuits. Claims for property damage still use the older rule, and the law does not name claims for a death.

Coverage drivers must carry

New York policies must cover at least $25,000 for an injury and $50,000 for a death of one person. For two or more people, the minimums are $50,000 for injuries and $100,000 for deaths. Policies also need $10,000 for property damage. Uninsured motorist coverage is required too, and you can choose to add more for drivers with too little insurance.

Source: New York DMV: Insurance requirements · as of Oct 5, 2026

Source: New York DMV: Insurance requirements · as of Oct 5, 2026

Source: New York DMV: Insurance requirements · as of Oct 5, 2026

Reporting the crash

If a crash hurts someone, the driver must stop and show their license and insurance card. They must give their details to the injured person and to a police officer. If no officer is nearby, report it as soon as you can to the nearest police station. If you damage property and the owner is not there, report that to the police too.

Each driver must send form MV-104 to the DMV within 10 days of a crash with a death, an injury or more than $1,000 in damage to one person's property. Failing to file is a misdemeanor, and your license or registration may be suspended until you file.

Source: New York DMV: Form MV-104, Report of Motor Vehicle Crash · as of Oct 5, 2026

Deadlines

Most New York injury lawsuits must be filed within 3 years. A claim for a death must be filed within 2 years. If the other driver had no insurance, a claim to MVAIC, the group state law set up to pay in such cases, has its own short notice rules.

New York has a 30-day no-fault claim rule, a 3-year lawsuit limit and new 2026 fault rules, and exceptions can apply. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.