New York car accident laws
Fault rules, the filing deadline, insurance minimums and crash data for New York, from public sources.
New York at a glance.
Insurance system
No-fault
Your own insurance (PIP) pays first for medical bills and lost pay, no matter who caused the crash. Suing the other driver usually depends on meeting the state's injury threshold.
Fault rule
Pure comparative
You can recover even if you were mostly at fault. Your award shrinks by your share of the blame.
Injury filing deadline
3 years
N.Y. CPLR 214(5). Government defendants need notice of claim within 90 days.
Minimum liability coverage
25/50/10
$25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. PIP is also required. PIP of $50,000 is required (N.Y. Ins. Law § 5103).
Crash deaths, 2023
1,114
That's 5.7 per 100,000 residents. Below the national rate of 12.2 per 100,000.
How New York compares.
$50,000 claim, 30% at fault
$35,000
Your award is cut by your 30% share under New York's pure comparative rule.
Same fault rule
9
Other states and DC that also follow pure comparative fault.
Time to file
3 yr
26 places give less time, and 7 give more.
Crash death rate rank
#50
Of 51 states and DC, where #1 has the highest rate per 100,000 residents.
What else moves an estimate.
State law sets the frame. The details of your crash fill it in. Each estimate weighs these against our proprietary data from hundreds of thousands of cases.
- Working with a lawyer
- Of everything here, this moves an estimate the most. Your estimate shows the range for cases like yours with a lawyer and without one.
- When you got care
- Care on the day of the accident ties your injuries to the crash. Insurers often point to a delay in care to argue an injury is minor.
- The injury itself
- What the injury is, and how long it lasts, shapes most claims. Lasting symptoms usually count for more than injuries that heal quickly.
- Medical bills
- Medical bills are usually a large part of a claim, including care you'll likely still need.
- Missed work
- Lost wages can be claimed, and so can lost earning ability if your injury limits your work.
- Who caused it
- Clear fault on the other driver usually makes a claim stronger. Most states reduce what you can recover by your share of the blame.
- A police report
- A police report helps show what happened and who was involved.
Frequently asked questions.
- Is New York a no-fault state?
- Yes, New York is a no-fault state. Your own insurance (PIP) pays first for medical bills and lost pay, no matter who caused the crash. Suing the other driver usually depends on meeting the state's injury threshold.
- How long do I have to file a car accident lawsuit in New York?
- Usually 3 years from the crash for most injury lawsuits. N.Y. CPLR 214(5). Government defendants need notice of claim within 90 days. Exceptions apply, such as claims against a government agency, so talk to a lawyer soon if time is short.
- What if I was partly at fault in New York?
- New York follows pure comparative fault. You can recover even if you were mostly at fault. Your award shrinks by your share of the blame.
- What car insurance is required in New York?
- Drivers need at least 25/50/10 in liability coverage: $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. Personal injury protection (PIP) is also required. PIP of $50,000 is required (N.Y. Ins. Law § 5103).
Sources for New York.
Last updated November 2026. Laws change, so confirm your deadline with a lawyer licensed in New York.
- Insurance Institute for Highway Safety, IIHS state-by-state fatality facts (2023 deaths and rates)
- Justia, Comparative & Contributory Negligence Laws: 50-State Survey
- AccidentClaimLawyers.com, Accident claim laws by state (deadlines, fault, negligence, minimums)
- QualitySpace, US 50-state auto insurance minimum liability limits (2026)
- 800 Perkins, Statute of limitations by state for personal injury claims
- Alabama Department of Insurance, State auto insurance laws (list of tort and no-fault states)
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