New York Car Accident? Protect Your Rights and Pursue Compensation

First Steps After a New York Crash

• Get to safety and call 911. Request a police response and medical evaluation, even if injuries seem minor.
• Exchange information and document the scene: photos of vehicle positions, damage, road conditions, skid marks, traffic signals, and visible injuries.
• Identify witnesses and capture their contact details before they leave.
• Seek prompt medical care and follow all treatment recommendations. Gaps in care can undermine your claim.
• Notify your own auto insurer promptly to start no-fault (PIP) benefits. Delays can complicate benefits eligibility.

How New York’s No-Fault (PIP) Benefits Work

New York is a no-fault state. After most crashes, your own policy’s Personal Injury Protection (PIP) is the first source for medical expenses and certain economic losses, regardless of who caused the collision. PIP can cover reasonable and necessary medical care and a portion of lost wages, subject to policy limits and conditions. You must cooperate with your insurer’s reasonable requests, attend independent medical examinations when required, and submit timely documentation. If expenses exceed PIP or you qualify under the serious injury threshold, you may pursue additional recovery from an at-fault party. See the New York Department of Financial Services overview of no-fault benefits: DFS No-Fault Insurance.

Timeframes for No-Fault

PIP claims are time-sensitive. For example, no-fault applications generally must be submitted promptly (often within 30 days of the crash, subject to limited exceptions). Check your policy and the DFS guidance for details.

The Serious Injury Threshold

To bring a negligence claim for pain and suffering against an at-fault driver in New York, an injured person generally must meet the statutory “serious injury” threshold in Insurance Law § 5102. Examples include significant disfigurement, fracture, loss of a fetus, permanent loss or limitation of a body organ, member, function or system, or a medically determined non-permanent injury that prevents customary daily activities for a period defined by law. Objective medical findings and clear documentation are critical to establishing threshold.

Avoid Insurer Tactics That Can Shrink Your Recovery

• Don’t give a recorded statement to the other driver’s insurer before getting legal advice.
• Don’t sign blanket medical authorizations that allow broad access to unrelated records.
• Be careful on social media; insurers may review posts for inconsistencies.
• Track all out-of-pocket costs: copays, prescriptions, mileage to appointments, home help, and medical devices.
• Keep a symptom journal and employment records showing missed time and duty limitations.

Proving Fault and Maximizing Value

Even in a no-fault system, fault matters for claims beyond PIP. Strengthen your case with:

• Police report and any traffic citations issued.
• Scene photos, vehicle damage assessments, and dashcam footage.
• Witness statements and surveillance video from nearby businesses.
• Medical records linking injuries to the crash, with objective testing.
• Expert opinions (accident reconstruction, biomechanics, vocational, and life care planners) when appropriate.

Comparative Fault in New York

New York follows a pure comparative negligence rule. If you are partly at fault, your recovery may be reduced proportionally, but you can still recover damages from others responsible. See CPLR § 1411.

Time-Sensitive Notifications and Claims

Act promptly. Insurance policies and New York law impose strict timeframes for notifying insurers, submitting PIP applications, providing supporting medical proofs, and, where applicable, asserting claims against at-fault parties or public entities. For claims against many municipal entities, a notice of claim is typically required within 90 days. See General Municipal Law § 50-e. Missing a required notice or filing date can limit or bar recovery.

When You Can Sue Beyond No-Fault

You may pursue a liability claim against an at-fault driver if your economic losses exceed applicable no-fault benefits or if your injuries qualify as “serious” under New York law. Such claims can seek damages for pain and suffering, full lost earnings, future medical care, and other losses not covered by PIP.

What To Bring to a Free Case Evaluation

• Accident/incident number and police report, if available.
• Photos/video, dashcam files, and witness contacts.
• Health insurance and auto policy information.
• Medical records, discharge papers, prescriptions, and bills to date.
• Pay stubs, employer notes on missed work, disability forms.
• Any communications from insurers, including denial letters or independent medical exam requests.

FAQ

How long do I have to file a lawsuit in New York after a car crash?

Deadlines vary. Many negligence claims have a three-year statute of limitations, but claims against municipalities often require a notice of claim within 90 days. Speak with an attorney about your specific timeline.

Will my premiums go up if I use PIP?

PIP is no-fault coverage under your policy. Premium impacts depend on many factors and your insurer’s underwriting; using PIP does not automatically mean a surcharge.

What if I am partly at fault?

Under New York’s pure comparative negligence rule, you can still recover, but your damages may be reduced by your percentage of fault.

Do I need a lawyer?

Serious injury threshold issues, IME disputes, and municipal notice requirements are complex. A lawyer can protect your rights and maximize your claim.

No-Cost Consultation

Get answers now. We will review the facts, outline your options, and help protect you from insurer tactics. If we take your case, attorney’s fees are typically contingency-based (you may be responsible for costs and expenses). Contact us today.

Key Legal References

• New York State Department of Financial Services — No-Fault Insurance
• Insurance Law § 5102 (including “serious injury” and basic economic loss)
• CPLR § 1411 (Contributory negligence; effect)
• General Municipal Law § 50-e (Notice of claim)

This blog is for general information only, based on New York law, and is not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome. Legal outcomes depend on specific facts, and deadlines vary (including special notice requirements for claims against municipalities). Consult a New York-licensed attorney about your situation.