New York Car Accident Lawyer

Will my own insurance pay first after a New York crash?

Yes. Under New York's no-fault system, the policy covering the car you were in, or your own policy if you were walking or cycling, pays your basic economic losses regardless of who caused the crash.

Those benefits generally include reasonable medical treatment, a portion of lost earnings, and some other reasonable expenses, up to the policy limit. The basic required coverage is $50,000 per person, and many drivers buy more. No-fault does not pay for pain and suffering, and it does not pay for vehicle damage, which is handled separately.

The paperwork is unforgiving. The written application for benefits is generally due within 30 days of the crash, and doctors must submit bills on time as well. Insurers can also schedule independent medical exams and examinations under oath. Missing one can lead to a denial, so treat every letter from the no-fault carrier as a deadline.

When can I sue the other driver in New York?

You can sue for pain and suffering once your injury meets the serious injury threshold in state insurance law. Separately, you can pursue economic losses that go beyond basic no-fault benefits, such as lost wages over the policy limit.

The threshold is where most New York car cases are fought. Insurers often argue that a disc herniation or shoulder tear was degenerative, or that the injury did not limit you enough. The cases that hold up tend to share a few features:

• Treatment that started soon after the crash, with no long unexplained gaps
• Imaging, such as MRI, that shows the injury objectively
• Measured loss of range of motion recorded by your own doctors
• A clear medical explanation of why the injury is related to the crash

Our New York injury law overview lists the threshold categories. This page focuses on how a crash claim moves through each stage.

How is fault divided after an intersection crash in New York City?

Once you are past the threshold, New York's pure comparative fault rule applies. Your recovery is reduced by your share of fault, with no cutoff.

Take a typical Queens intersection. A driver making a left turn is struck by a car coming straight through on a stale yellow light. The turning driver had to yield, but the straight-through driver was speeding. A jury values the straight-through driver's pain and suffering and excess economic losses at $200,000 and finds that driver 30% at fault. The recovery is $140,000. The turning driver, if seriously hurt, can also recover 70% of their own damages from the other side.

Traffic camera footage, signal timing records and vehicle event data are often decisive in these disputes, and they need to be requested early.

What if the other driver had no insurance or minimum coverage?

Your supplementary uninsured and underinsured motorist coverage, known as SUM, is often the answer. It lets you claim against your own policy when the at-fault driver has no insurance or not enough.

For hit-and-run crashes, or drivers who are truly uninsured, New York also has a fund that can provide coverage for people with no other policy available, subject to strict notice rules. SUM claims and uninsured claims usually require prompt written notice to the carrier, so they should be raised as soon as it is clear the other driver's limits will fall short.

Do rideshare, taxi and delivery vehicles follow different rules?

They follow the same fault and threshold rules, but the insurance picture is different. Taxis and app-based vehicles in New York City are licensed and must carry their own commercial coverage, including no-fault.

Passengers in a rideshare usually claim no-fault through the vehicle's policy. Delivery drivers on e-bikes and mopeds raise separate coverage questions, since those vehicles may not carry auto insurance at all. Our rideshare and taxi accident page explains how these layered policies work. If you were on foot, see our pedestrian accident page.

What reports and deadlines apply after a New York crash?

Drivers must report a crash involving injury to the Department of Motor Vehicles within 10 days, in addition to any police report. Most lawsuits against a private driver must be filed within 3 years.

1. Get the police report or incident number at the scene.
2. File your no-fault application within 30 days.
3. Submit the DMV report within 10 days if anyone was hurt.
4. Notify your own carrier of any possible SUM claim.
5. If a city bus, police car or other municipal vehicle was involved, a notice of claim is generally due within 90 days.

If a tractor-trailer or box truck hit you, the claim usually involves more parties, as our New York truck accident page explains. We offer a free case review, and you pay no fee unless we win.