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Motor Vehicle Accidents New York
Legal Guide for Injury Claims and Compensation
Motor vehicle accidents in New York are governed by unique rules under state law. From no-fault insurance requirements to litigation options for serious injuries, it is essential to understand your legal rights after a crash.
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1. Motor Vehicle Accidents New York: No-Fault Insurance Basics
New York is a no-fault state, meaning drivers must turn to their own insurance companies first after a crash, regardless of fault. This coverage includes Personal Injury Protection (PIP), which pays for medical bills and lost wages up to $50,000.
However, if a person suffers a “serious injury” as defined in Insurance Law §5102(d)—such as permanent limitation, significant disfigurement, or fracture—they may step outside the no-fault system and sue the at-fault driver.
2. Motor Vehicle Accidents New York: Required Auto Insurance Coverage
Under New York law, all vehicle owners must carry the following minimum insurance:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $10,000 for property damage
- $50,000 per person in no-fault (PIP) coverage
- Uninsured Motorist (UM) coverage: $25,000/$50,000
Failure to maintain this insurance can result in license suspension or revocation.
3. Motor Vehicle Accidents New York: Fault-Based Claims and Serious Injuries
While New York begins with a no-fault structure, the law allows for lawsuits in cases of serious injury, such as:
- Dismemberment
- Fractures
- Loss of a fetus
- Permanent loss of use of a body organ or system
In these cases, victims may sue for pain and suffering and other noneconomic damages. Proof of medical diagnosis and permanency is crucial for these claims.
4. Motor Vehicle Accidents New York: Time Limits and Reporting Rules
In New York, accident victims must file a Notice of Intention to Claim Benefits under no-fault insurance within 30 days of the accident. Additionally, if filing a lawsuit, the statute of limitations is:
- 3 years for personal injury
- 2 years for wrongful death
- 90 days to file a notice of claim against government entities
Failure to act within these deadlines may result in dismissal of your claim.
5. Motor Vehicle Accidents New York: Comparative Negligence Rules
New York follows a pure comparative negligence system. This means that if you are partially at fault, your compensation will be reduced by your percentage of fault—but you can still recover damages even if you are 99% responsible.
For example, if your damages total $100,000 and you are 30% at fault, you can still recover $70,000.
Motor Vehicle Accidents New York: Hit-and-Run and Uninsured Drivers
Hit-and-run drivers can be pursued through the Motor Vehicle Accident Indemnification Corporation (MVAIC) if the victim has no other insurance. UM coverage also applies when the at-fault driver is uninsured or cannot be identified.
New York also criminalizes leaving the scene of an accident under Vehicle & Traffic Law §600.
Motor Vehicle Accidents New York: What to Do After a Crash
After a collision in New York:
1. Stop and remain at the scene
2. Exchange information (license, insurance, registration)
3. Call 911 if there are injuries
4. Take photographs and gather witness details
5. Report the crash to the DMV if damage exceeds $1,000
6. Notify your insurance company promptly
7. Seek legal advice if injuries are serious
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
