New York Car Accident Laws (2026)
Fact-checked by Claimelo's editorial team.
Quick answer
New York uses a no-fault. state. No-fault state: your own PIP coverage pays first; lawsuits are limited to serious injuries. Pure comparative negligence: your award is reduced by your share of fault, whatever it is. You generally have 3 years to file an injury lawsuit.
Who pays after a crash in New York?
No-fault state: your own PIP coverage pays first; lawsuits are limited to serious injuries.
Auto-system source: NAIC 2022/2023 Auto Insurance Database Report, published 2025.
In practice: your own Personal Injury Protection (PIP) pays your initial medical bills and part of your lost wages regardless of fault. To sue the at-fault driver for pain and suffering, your injuries generally must cross the state's "serious injury" threshold (or a monetary threshold): fractures, permanent injuries, and significant disfigurement typically qualify.
What if you were partly at fault?
Pure comparative negligence: your award is reduced by your share of fault, whatever it is.
Comparative-fault reference: Justia 50-state survey, with links to the controlling statutes and cases. Claim-specific exceptions can apply.
Fault percentages are assigned by adjusters and, ultimately, juries: they are negotiable opinions, not facts. Evidence like photos, witness statements, and citations moves them.
Your filing deadline
The general reference period is 3 years for many injury claims: details and exceptions in the New York statute of limitations guide.
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Frequently asked questions
Is New York a no-fault state?
No-fault state: your own PIP coverage pays first; lawsuits are limited to serious injuries.
Can I still recover if the crash was partly my fault in New York?
Pure comparative negligence: your award is reduced by your share of fault, whatever it is.
How long do I have to file after a car accident in New York?
Generally 3 years for injury claims. Claims against government entities can require notice within months.
General legal information, not legal advice. Claimelo is not a law firm. Laws and deadlines depend on your circumstances and may change. Consult a licensed attorney about your situation.