New York Car Accident Laws: What You Need to Know

Insurance Requirements

New York operates under a no-fault insurance system, meaning that after an auto accident, each driver's own insurance carrier covers their medical bills and a portion of lost wages regardless of who caused the accident. The primary purpose of no-fault is to ensure prompt payment for injuries without requiring fault to be established first. To pursue compensation for pain and suffering or other non-economic losses, your injury must meet New York's serious injury threshold, which is covered in the next section.

Minimum required coverages

All registered vehicles in New York must carry the following minimum coverage:

• Personal Injury Protection (PIP): $50,000 per person minimum
• Bodily Injury Liability: $25,000 per person / $50,000 per accident
• Property Damage Liability: $10,000 per accident
• Uninsured Motorist (UM): $25,000 per person / $50,000 per accident

Note that New York requires uninsured motorist coverage by law, unlike most states, where it is optional.

Optional coverages

Drivers may also carry:

• Supplementary Uninsured/Underinsured Motorist (SUM): Provides additional protection beyond the mandatory UM minimums when the at-fault driver's coverage is insufficient
• Collision and comprehensive: Covers damage to your own vehicle regardless of fault
• Medical Payments (MedPay): Supplements PIP for costs not fully covered under your PIP policy

Rideshare coverage requirements

For drivers working for platforms such as Uber or Lyft, coverage requirements depend on the driver's status at the time of a crash:

• App on, no ride accepted: $50,000 per person / $100,000 per accident for bodily injury; $25,000 for property damage. These are provided by the rideshare company
• Ride accepted or passenger onboard: $1,000,000 in liability coverage, also provided by the rideshare company

Rideshare drivers should notify their own insurer of their driving activities to avoid coverage gaps when the app is off.

Penalties for non-compliance

Driving without the required insurance policy in New York can result in fines, suspension of your driver's license and vehicle registration, and potential vehicle impoundment. Driving uninsured also exposes you to personal liability for all damages caused in an accident.

Fault & Negligence Laws

Comparative fault standard

New York applies a modified comparative fault rule, effective May 26, 2026. Under this standard, an injured party can recover damages from the at-fault driver only if their own share of fault does not exceed 50 percent. If you are found to bear more than half the responsibility for the crash, your car accident claim is barred entirely. If your fault is at or below 50 percent, your compensation is reduced in proportion to your share. For example, if you are found 30 percent at fault and your damages total $100,000, you recover $70,000.

This represents a significant change from New York's prior pure comparative fault rule, under which an injured party could recover damages even if they were found to be 99 percent responsible, with recovery reduced proportionally. That rule no longer applies to lawsuits filed on or after May 26, 2026. For accidents that occurred before that date, where a personal injury lawsuit was already pending, prior law may still govern.

Fault determination

New York is an at-fault state for purposes of the civil claim beyond no-fault PIP benefits. Fault application is determined by reviewing police reports, witness statements, dashcam and surveillance footage, medical records, and, in complex cases, accident reconstruction analysis. In multi-vehicle crashes, fault is allocated among all involved parties based on each one's contribution to the crash.

Special circumstances

A new rule introduced by the 2026 tort reforms caps non-economic damages at $100,000 when the defendant was uninsured, impaired, or committing a felony at the time of the crash. This cap does not apply to wrongful death cases. Additional compensation limit details below.

Passenger rights

Passengers injured in a crash are typically not considered at fault and can file claims against any at-fault driver involved, including the driver of the vehicle they were traveling in. Passengers may also draw on their own UM/UIM coverage if the at-fault driver is uninsured or underinsured.

The Serious Injury Threshold

Because New York is a no-fault state, your own PIP coverage pays for your initial medical care expenses, as well as some lost wage reimbursement, after a crash, regardless of who caused it. However, PIP does not cover pain and suffering or other non-economic losses, and it caps economic benefits at $50,000. To pursue a lawsuit against the at-fault driver for those additional damages, your injury must qualify as a serious injury under New York Insurance Law § 5102(d).

What qualifies as a serious injury

Under the current law, a serious injury is one that results in any of the following:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system

This list is exhaustive. An injury must fit within one of these eight categories to support a lawsuit for pain and suffering. The strength of the claim depends heavily on objective medical documentation; imaging results, clinical findings, and physician assessments of functional limitation carry more weight than subjective reports of pain alone.

What changed in 2026

Prior to May 26, 2026, New York's serious injury threshold included a ninth category known as the 90/180 day rule. Under that rule, a non-permanent injury that prevented a person from performing all of their usual daily activities substantially for at least 90 of the first 180 days following the crash could also qualify as a serious injury. Assembly Bill A10008, effective May 26, 2026, eliminated this category.

The practical effect is significant. Soft-tissue injuries, herniated discs, and other conditions that resolve substantially over time previously had a viable path to a lawsuit through the 90/180 rule. That path no longer exists. These injuries must now satisfy one of the eight remaining categories, all of which require evidence of permanence or significant documented limitation.

The new rules apply to lawsuits filed on or after May 26, 2026, regardless of when the underlying accident occurred.

Statute of Limitations

The statute of limitations sets the deadline for filing a lawsuit after a car accident. Missing the applicable deadline almost always bars the claim permanently, regardless of its merits.

Standard filing deadlines in New York

• Personal injury: 3 years from the date of the accident
• Property damage: 3 years from the date of the accident
• Wrongful death: 2 years from the date of the victim's death

Claims against government entities

If your claim involves a government entity, such as a municipality, county, state agency, or public transit authority, a separate and much shorter deadline applies. You must file a formal notice of claim within 90 days of the accident. The lawsuit itself must then be commenced within one year and 90 days from the date of the accident. Failing to meet the notice of claim deadline will typically bar the lawsuit entirely, even if the standard three-year period has not yet expired. See our article on sovereign immunity and suing the government for a fuller explanation of how these rules work.

Tolling and exceptions

• Minors: The statute of limitations is paused for plaintiffs under 18 until they reach adulthood, after which the standard period begins. Note that the government entity notice of claim deadline is generally not tolled for minors, making prompt action critical in cases involving government defendants
• Discovery rule: In limited circumstances where injuries were not immediately apparent, the limitations period may begin when the injury was or reasonably should have been discovered
• Incapacity: The clock may be tolled if the injured person was legally incapacitated at the time of the accident

A note on the 2026 reforms

The 2026 motor vehicle tort reforms did not change New York's standard statute of limitations periods. However, if your accident occurred before May 26, 2026, and your case involves questions about which version of the comparative fault or serious injury threshold rules applies, contacting a car accident lawyer for a case evaluation promptly is advisable, given the transition period.

MVA Procedures & Police Involvement

When you are required to report an accident

New York law requires you to report a motor vehicle accident if it resulted in injury or death to any person, or if it caused property damage exceeding $1,000 to the property of any one person. The report must be filed with the New York State Department of Motor Vehicles within 10 days of the accident using Form MV-104 (Report of Motor Vehicle Accident). Failure to file when required can result in suspension of your driver's license.

If law enforcement responds to the scene and files a police report, that report satisfies the documentation requirement but does not replace your obligation to file the MV-104 if the accident meets the reporting threshold.

How to access your accident report

The process for obtaining a copy of your accident report depends on which agency investigated the crash.

Accidents investigated by the New York City Police Department (NYPD):

• Within 30 days of the accident: Request a copy at the precinct where the accident occurred, in person or by mail
• After 30 days: Records transfer to the NYS DMV; request through the DMV's online portal or by mail using Form MV-198C

Accidents investigated by the New York State Police: Reports can be searched, purchased, and downloaded online. A $7.00 search fee and a $15.00 report fee apply. Mail requests using Form MV-198C carry a $10.00 search fee plus $15.00 per report. Verify current fees at the DMV website before submitting a request, as these amounts are subject to change.

Accidents on the New York State Thruway: Requests must be made directly to the New York State Thruway Authority using Form TA-W4310, available on the Thruway Authority's website.

Why your accident report matters

Your accident report is one of the first documents your insurer and any attorney will request. It establishes the basic factual record of the crash, including the parties involved, witness information, and the responding officer's initial assessment. Errors in an accident report are more common than most people expect and can affect insurance and legal outcomes if left uncorrected. If you believe your report contains inaccurate information, it can be disputed. See our article on what to do if your car accident police report is inaccurate for the steps involved.

Compensation: Types & Limits

New York does not cap compensatory damages in personal injury cases, meaning injured parties can pursue the full value of their documented losses. What you can recover depends on the nature and severity of your injuries and whether your claim proceeds through no-fault PIP, a third-party claim against the at-fault driver, or both simultaneously.

Economic damages

Economic damages cover measurable financial losses and are not capped in New York. They include:

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Property damage and vehicle repair or replacement costs
• Out-of-pocket costs directly related to the crash and recovery

Non-economic damages

Non-economic damages address losses that cannot be reduced to a receipt or invoice, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. New York does not impose a general cap on non-economic damages in personal injury cases.

One important exception introduced by the 2026 tort reforms: when the defendant was uninsured, impaired by alcohol or drugs, or committing a felony at the time of the crash, non-economic damages are capped at $100,000. This cap does not apply to wrongful death cases.

Wrongful death damages

When a crash results in death, surviving family members or the estate may pursue a wrongful death claim. Recoverable damages include the financial support the deceased would have provided, funeral and burial expenses, and the value of services the deceased performed for the household. New York does not permit recovery for grief or emotional distress of surviving family members in wrongful death claims, which is a meaningful limitation compared to some other states.

Loss of consortium

A spouse or domestic partner of a seriously injured person may bring a separate loss of consortium claim for the loss of companionship, support, and the other intangible benefits of the relationship.

Punitive damages

Punitive damages are available in New York in cases involving intentional harm or conduct reflecting gross recklessness or willful disregard for others' safety. There is no statutory cap, but courts apply proportionality review to ensure awards bear a reasonable relationship to the harm caused and the compensatory damages awarded.

Claims against government entities

When pursuing a claim against a state or municipal entity, additional procedural requirements apply, and damage recovery may be subject to limitations specific to the government defendant. Consult an attorney early regarding your legal options, given the shortened notice deadlines covered in the statute of limitations section above.

Medical Payments & Health Coverage

New York's no-fault system is designed to ensure that medical expenses are covered promptly after a crash, without waiting for fault to be determined. Understanding how the available coverage types interact helps you avoid payment gaps and prepare for reimbursement obligations that may arise when a settlement is reached.

Personal Injury Protection (PIP)

PIP is mandatory in New York and serves as the primary source of medical coverage and lost-wage reimbursement immediately after a crash. Your own PIP policy pays regardless of who caused the accident. Coverage includes:

• 80% of medical expenses up to the policy limit
• 80% of lost wages, capped at $2,000 per month for up to three years
• Up to $25 per day for reasonable and necessary expenses, such as household help during recovery
• Funeral expenses in the event of a fatal accident

The mandatory PIP minimum is $50,000 per person. Additional PIP coverage beyond the minimum is available and worth considering, given how quickly serious injury costs can exceed that threshold.

Medical Payments (MedPay)

MedPay is an optional coverage that supplements PIP. It can cover 20 percent of medical expenses that PIP does not pay, as well as certain costs that fall outside PIP's scope. Unlike PIP, MedPay typically has no income-replacement component and is simply a medical-expense supplement.

Health insurance

Once PIP benefits are exhausted, your health insurance becomes the next source of coverage for ongoing medical costs. Most health insurers will cover accident-related treatment, but many will assert a subrogation lien on any settlement you receive from the at-fault driver, meaning they may seek reimbursement for what they paid on your behalf. Understanding your policy's subrogation terms before settling is important, as failing to account for a lien can result in owing money back to your insurer after a settlement is disbursed.

Uninsured and underinsured motorist coverage

New York requires drivers to carry a minimum of $25,000 per person / $50,000 per accident in uninsured motorist coverage. This protects you if the at-fault driver has no insurance. Supplementary Uninsured/Underinsured Motorist (SUM) coverage, which is optional, extends that protection when the at-fault driver's liability limits are insufficient to cover your full losses.

MVAIC

New York's Motor Vehicle Accident Indemnification Corporation (MVAIC) provides a backstop for victims who are injured by an uninsured or hit-and-run driver and who do not have their own UM coverage to draw on. MVAIC is unique to New York and represents an important resource for victims who would otherwise have no avenue for recovery. Eligibility requirements apply.

Unique Local Considerations

Urban driving and congestion

New York City accounts for a disproportionate share of the state's total crash volume, driven by high pedestrian and cyclist traffic, dense intersections, and the mixing of commercial vehicles, rideshare cars, and personal vehicles at scale. Crashes in New York City involve jurisdictional considerations that do not arise elsewhere in the state: the NYPD, rather than the State Police, investigates most urban crashes, accident reports follow a different access process as described above, and government entity claims against the Metropolitan Transportation Authority or city agencies carry their own notice requirements.

Rural roads and wildlife

Upstate New York's rural highways carry a significant risk of deer collisions, particularly at dawn and dusk during the fall months. Single-vehicle crashes involving wildlife can raise questions about whether the collision meets the serious injury threshold and whether any government entity is responsible for road design or signage in the area.

Winter road conditions

Snow and ice materially affect fault determinations in New York. A driver who loses control on an icy road is not automatically insulated from liability; courts look at whether the driver adjusted speed appropriately for conditions. Road authorities can also face claims when inadequate maintenance contributed to an accident, subject to the notice requirements and sovereign immunity limitations described above.

The 2026 tort reform landscape

New York's May 2026 motor vehicle tort reforms represent the most significant change to the state's accident law framework in decades. The shift from pure to modified comparative fault, the elimination of the 90/180-day threshold category, and the new damages cap for impaired and uninsured defendants collectively change the strategic calculus for both plaintiffs and insurers. Victims injured in crashes on or after May 26, 2026, are operating under meaningfully different rules than those in cases filed before that date, and early legal guidance is particularly valuable during this transition period.

Local Resources & Contacts

New York State Department of Motor Vehicles (DMV)
The DMV handles driver licensing for New Yorkers, vehicle registration, accident report requests, and Form MV-104 submissions.

• Website: dmv.ny.gov
• Phone: (518) 486-9786
• Address: 6 Empire State Plaza, Albany, NY 12228

New York State Police
For accidents occurring on state highways or in areas outside local law enforcement jurisdiction.

• Website: troopers.ny.gov
• Phone: (518) 457-6721

New York City Police Department (NYPD)
For accidents occurring within New York City's five boroughs.
Website: nyc.gov/nypd
Phone: 311 (or (212) 639-9675 from outside New York City)

Motor Vehicle Accident Indemnification Corporation (MVAIC)
MVAIC provides compensation to eligible victims injured by uninsured or hit-and-run drivers who have no other source of UM recovery. This resource is unique to New York.

• Website: mvaic.com
• Phone: (646) 205-7800
• Address: 100 William Street, 14th Floor, New York, NY 10038

New York State Department of Financial Services
For insurance complaints, questions about coverage disputes, or issues with your insurer's handling of a claim.

• Website: dfs.ny.gov
• Phone: (800) 342-3736

For accident laws in other states, visit our state-specific legal information page.