Auto Accidents

Under New York's no-fault system, your own auto insurance (or the insurance of the vehicle you were in) pays for your basic economic losses, no matter who caused the accident. This is called Personal Injury Protection (PIP). It generally covers up to $50,000 for:

• medical and hospital bills;
• lost wages (generally 80% of lost earnings, up to a monthly limit); and
• certain other reasonable expenses.

Pedestrians and cyclists hit by a car are generally covered by the no-fault insurance of the vehicle that hit them. Motorcyclists are an exception: they generally are not covered by no-fault benefits.

No-fault benefits have strict deadlines, and missing them can lead to denied benefits. (Learn more: NYS Department of Financial Services (opens in a new tab))

Fault plays a major role in New York car accident cases (CPLR § 1411 (opens in a new tab)):

• For lawsuits filed on or after May 26, 2026, if your fault is greater than the fault of the person you are suing, you cannot recover. For example, if you are found 51% at fault, you recover nothing. If you are found 50% or less at fault, your recovery is reduced by your share of fault.
• Fault is decided first at trial, before the jury considers whether you have a serious injury.
• A $100,000 cap on pain-and-suffering damages can apply to an injured driver who bears some fault for the crash and who (a) was uninsured, other than a lapse of less than 30 days, (b) is convicted of an alcohol- or drug-impaired-driving offense arising from the crash, or (c) is convicted of a felony arising from the crash.

• Pedestrians, cyclists, and motorcyclists: the courts have not yet settled exactly how this fault rule applies to these cases. If you were hurt while walking, cycling, or riding a motorcycle, get legal advice about how fault may affect your case.

  Because fault can decide whether you recover at all, early evidence matters: police reports, witness statements, photos, dashcam or surveillance video, vehicle data, and phone records.

• The at-fault driver
• The vehicle owner. In New York, a vehicle's owner is generally responsible for the negligence of anyone driving it with permission. Rental and leasing companies are generally exempt under federal law.
• Employers of drivers who were working at the time, such as delivery or commercial drivers
• Government agencies, for example when a city bus or municipal vehicle is involved, or a dangerous road condition contributed

• No-fault application: generally within 30 days of the accident.
• Lawsuit against a private driver: generally three years from the accident (CPLR § 214 (opens in a new tab)).
• Claims against New York City, the MTA, or another public agency: a notice of claim generally must be filed within 90 days, and a lawsuit generally within one year and 90 days.
• Wrongful death: generally two years from the date of death.