Who Pays After a New York Truck Accident? Your Options

How Truck Accident Costs Are Paid in New York

New York is a no-fault state for motor vehicle accidents. After a truck crash, your own PIP generally pays certain medical expenses and other basic economic losses regardless of who caused the collision, up to policy limits (NYS Department of Financial Services).

Because truck crashes often cause serious injuries and major property loss, you may pursue claims against at-fault parties and their insurers if you meet the legal threshold to step outside no-fault—typically by having a qualifying “serious injury” or by exceeding basic economic loss (N.Y. Insurance Law § 5102(d)). Property damage is not covered by no-fault and is commonly pursued against the at-fault party’s liability coverage or through your own collision coverage (DFS auto insurance basics).

Potentially Responsible Parties

• Truck driver: negligent driving such as speeding, distraction, or hours-of-service issues.
• Motor carrier (trucking company): vicarious liability for the driver’s negligence and potential direct liability for hiring, training, supervision, maintenance, or scheduling practices.
• Vehicle owner: if different from the carrier, may be liable for permissive use under New York law (VTL § 388).
• Cargo shipper/loader: improper loading or securement contributing to a crash.
• Maintenance contractor or manufacturer: negligent repair or a defective component (e.g., brakes, tires, steering components).
• Other motorists, municipalities, or roadway contractors: unsafe driving or roadway hazards, signage, or negligent work zones (special notice and timing rules may apply for public entities).

Insurance Coverages That May Apply

• Your PIP (no-fault): pays certain medical and basic economic losses up to policy limits, regardless of fault (DFS no-fault).
• Liability insurance for the truck/defendant(s): pays bodily injury and property damage for proven fault, up to policy limits. Commercial carriers often carry higher limits and may have multiple policies (primary, excess, umbrella).
• Uninsured/Supplementary Underinsured Motorist (UM/SUM): may apply if the at-fault party has no insurance or insufficient limits (DFS on SUM).
• Medical Payments (Med-Pay) or health insurance: can help with medical costs not covered by PIP, subject to policy terms and coordination of benefits.
• Collision/Comprehensive: for vehicle repairs or total loss, subject to deductibles, with potential subrogation against the at-fault party.

Stepping Outside No-Fault

To pursue a bodily injury liability claim or lawsuit against an at-fault driver or company, you must meet New York’s legal threshold to step outside no-fault. This typically requires a qualifying “serious injury” (e.g., significant disfigurement, fracture, or other categories defined by statute) or economic loss that exceeds basic economic loss. Whether you qualify depends on medical documentation and the facts of your case (N.Y. Insurance Law § 5102(d)).

Comparative Fault and How It Affects Payment

New York follows a pure comparative negligence rule: if you are partially at fault, your recovery may be reduced by your percentage of fault, but you can still recover from other negligent parties (CPLR § 1411). Multiple defendants can share liability, and insurers may apportion responsibility based on evidence such as electronic logging device (ELD) data, telematics, dash cams, inspections, and witness testimony.

Special Issues in Truck Cases

• Safety regulations: federal and state rules govern driver qualifications, hours-of-service, maintenance, and cargo securement.
• Carrier responsibilities: recordkeeping, vehicle inspections, and supervision duties can affect liability and proof.
• Evidence preservation: ELD data, GPS/telematics, driver logs, bills of lading, dispatch communications, maintenance records, and post-crash inspections are often critical.
• Insurance layers and corporate structure: parent/subsidiary entities, brokers, and contractors can influence who pays and how much coverage is available.

Practical Tips

What To Do After a Truck Crash (Checklist)

Common Sources of Compensation

• Medical expenses and future care needs.
• Lost wages and reduced earning capacity.
• Out-of-pocket costs and replacement services.
• Property damage and diminished value.
• Pain and suffering and loss of enjoyment of life, if you meet the threshold to sue outside no-fault.

Availability and amounts depend on liability, coverage limits, and the evidence supporting your claim.

How an Attorney Can Help

• Identify all potentially responsible parties and insurance policies.
• Preserve critical evidence from trucking companies and third parties.
• Coordinate PIP, health insurance, and lien resolution.
• Build liability with experts in accident reconstruction, trucking safety, and biomechanics.
• Negotiate with multiple insurers and, when necessary, file suit and pursue discovery to hold the right parties financially responsible.

Ready to talk? Contact us to discuss your options.

FAQ

Who pays for my medical bills after a New York truck crash?

Your PIP generally pays first, up to policy limits, regardless of fault. If you meet the threshold to sue or your losses exceed basic economic loss, you may recover additional damages from at-fault parties.

Can I recover for vehicle damage under no-fault?

No. Property damage is outside no-fault. You typically claim against the at-fault party’s liability insurance or use your collision coverage.

What if the truck’s insurance is not enough?

Your UM/SUM coverage may help if the at-fault party is uninsured or underinsured, subject to your policy terms.

How long do I have to file a lawsuit?

Deadlines vary by claim type and defendant. Some claims against public entities have very short notice requirements. Speak with a New York attorney promptly.

Does partial fault ruin my claim?

No. Under pure comparative negligence, your compensation may be reduced by your percentage of fault but you can still recover from other negligent parties.

References

• New York State Department of Financial Services: No-Fault (PIP) Insurance
• New York State Department of Financial Services: Auto Insurance Basics
• CPLR § 1411 (Comparative Negligence)
• N.Y. Insurance Law § 5102(d) (Serious Injury)
• DFS: Supplementary Uninsured/Underinsured Motorists (SUM) Coverage
• N.Y. Vehicle & Traffic Law § 388 (Owner Liability for Permissive Use)

Legal disclaimer

This blog post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines can change and can vary based on your circumstances. Consult a New York attorney about your specific situation.