New York Car Accident Laws Explained

Insurance Requirements

System type

New York operates under a no-fault insurance system. This means that after an accident, your own insurance policy covers your medical expenses and certain other losses, regardless of who was at fault. The primary aim is to ensure prompt payment for injuries without the need to establish fault, thereby reducing the number of personal injury lawsuits.

Minimum coverage requirements

New York law mandates that all drivers carry the following minimum insurance coverages:

• Personal injury protection (PIP): At least $50,000 per person to cover medical expenses, lost earnings, and other reasonable and necessary expenses resulting from an accident
• Liability insurance:
  • Bodily injury: $25,000 per person and $50,000 per accident for injuries
  • Property damage: $10,000 per accident
• Uninsured motorist coverage: $25,000 per person and $50,000 per accident for bodily injury, to protect you if you’re involved in an accident with an uninsured driver

Penalties for non-compliance

Driving without the required insurance in New York can lead to severe consequences, including fines, suspension of your driver’s license and vehicle registration, and potential vehicle impoundment. Additionally, if you’re involved in an accident without insurance, you may be held personally liable for any damages or injuries caused.

Rideshare drivers

In New York, rideshare companies like Uber and Lyft provide insurance coverage for their drivers, but the specifics depend on the driver’s status at the time of the accident:

• App on, no ride accepted: The company’s insurance provides liability coverage of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger onboard: The coverage increases to $1 million for liability, and may include uninsured/underinsured motorist coverage

Rideshare drivers should also inform their personal auto insurance providers about their driving activities to ensure there are no coverage gaps.

Optional coverages

While New York requires specific minimum coverages, drivers can opt for additional protections:

• Collision coverage: Pays for damage to your vehicle resulting from a collision, regardless of fault
• Comprehensive coverage: Covers non-collision-related damages, such as those from theft, vandalism, or natural disasters
• Supplementary uninsured/underinsured motorist (SUM) coverage: Provides additional protection if you’re involved in an accident with a driver who has insufficient insurance

Fault Laws

Pure comparative negligence in New York

New York follows a pure comparative negligence rule. This means that if you’re involved in an accident, you can recover damages even if you’re partially at fault. However, your compensation will be reduced by your percentage of fault. For instance, if you’re found to be 30% at fault for an accident and your damages amount to $10,000, you would be entitled to $7,000.

Multi-vehicle collisions

In accidents involving multiple parties, fault is distributed among all involved based on their contribution to the incident. Accurate documentation, witness statements, and sometimes expert analysis are essential to determine each party’s degree of fault.

Special considerations for passengers

Passengers injured in a car accident can file claims against any at-fault driver involved in the collision. Since passengers are typically not at fault, they have a strong basis for claims to cover medical expenses, lost wages, and other related damages.

Statute of Limitations

Personal injury claims

In New York, you have three years from the date of the accident to file a personal injury lawsuit. This includes claims for medical expenses, lost wages, and pain and suffering. Failing to file within this timeframe can result in losing your right to seek compensation.

Property damage claims

For claims related to property damage, such as vehicle repairs, the statute of limitations is also three years from the date of the accident.

Wrongful death claims

If an accident results in a fatality, the deceased’s family or representatives have two years from the date of death to file a wrongful death lawsuit.

Exceptions to the statute of limitations

Discovery rule: If injuries or damages aren’t immediately apparent, the statute of limitations may begin when the injury or damage is discovered or should have reasonably been discovered.

Minors: For individuals under 18, the statute of limitations is paused until they reach adulthood, after which the standard filing period begins.

Claims involving government entities: If your claim is against a government entity, you must file a notice of claim within 90 days of the accident, and the lawsuit must commence within a year and 90 days from the date of the incident.

Accident Reporting Requirements

When to report an accident: In New York, you’re required to report a motor vehicle accident to the Department of Motor Vehicles (DMV) if:

• The accident caused injury or death to any person
• There is damage exceeding $1,000 to the property of any one individual

The report must be filed within 10 days of the accident using the Report of Motor Vehicle Accident (Form MV-104). 

Filing accident reports: If law enforcement is present at the scene, they will typically file a report. However, if they don’t, or if the accident meets the criteria above, it’s your responsibility to do so.

How to access accident reports in New York

Obtaining a copy of your accident report is an essential step following a collision, as it contains critical information for insurance claims and potential legal actions. In New York, the process to access these reports varies depending on the investigating agency and the location of the accident.

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

Within the first 30 days: You can request a copy of the collision report at the precinct where the accident occurred. To do this, complete two copies of the Police Collision Report (Request for Copy of Collision Record) and either mail them or deliver them in person to the respective precinct.

After 30 days: If more than 30 days have passed since the report was filed, the records are forwarded to the New York State Department of Motor Vehicles (DMV). At this point, you can request the report through the DMV’s online portal or by mail.

Accidents investigated by the New York State Police:

Online Requests: For accidents handled by the New York State Police, you can search, purchase, and immediately download certified crash reports online. A $7.00 search fee and a $15.00 report fee apply for each report. 

Mail Requests: Alternatively, you can request a copy by mail by completing form MV-198C (Request for Copy of Accident Report) and sending it with the applicable fees to the DMV.
Accidents on the New York State Thruway:

If the accident occurred on the New York State Thruway, requests for copies of the report must be made to the New York State Thruway Authority. The required form (TA-W4310) is available online. 

Fees:

• Online requests: $7.00 search fee plus $15.00 per report
• Mail requests: $10.00 search fee plus $15.00 per report

It’s advisable to check the availability of your report before making a request, as processing times can vary depending on the agency and the specifics of the accident.

Compensation Limits in New York

Understanding the types of compensation available and any applicable limits is vital for anyone involved in a motor vehicle accident in New York.

Economic damages

New York does not impose caps on economic damages, allowing victims to recover the full extent of their measurable financial losses. These damages include:

• Medical expenses
• Lost income
• Loss of earning capacity
• Property damage
• Other out-of-pocket costs directly related to the accident

Non-economic damages

Similarly, there are no caps on non-economic damages in New York. These damages address intangible losses such as:

• Pain and suffering
• Loss of companionship
• Reduced quality of life

Punitive damages

Punitive damages may be awarded in New York to penalize defendants for egregious misconduct, such as intentional harm or gross negligence. While there is no explicit cap, courts scrutinize such awards to ensure they are proportionate to the harm caused.

Claims against the state

When filing a claim against the State of New York or its entities, specific procedures and limitations apply. It’s essential to consult with an attorney to navigate these complex rules effectively.

Being well-informed about these procedures and compensation limits can significantly impact the outcome of your case. It’s always advisable to consult with a legal professional to ensure that you are taking the appropriate steps following a motor vehicle accident in New York.

Unique Local Factors

New York’s diverse geography and bustling urban centers present unique challenges for drivers. Understanding these local factors is crucial for safe navigation and accident prevention.

Weather and road conditions

New York experiences a wide range of weather conditions that can significantly impact driving safety. In winter months, snow and ice create slippery roads, increasing the risk of accidents. Wet leaves during the fall can also be hazardous, reducing tire traction. Drivers are advised to reduce speed and increase following distances in such conditions. The New York State Department of Motor Vehicles recommends using the “three-second rule” to maintain a safe distance between vehicles. 

Traffic congestion and urban driving

Urban areas, particularly New York City, are known for heavy traffic congestion. In 2022, there were 100,508 reported accidents in NYC, highlighting the challenges of city driving.  Drivers should remain vigilant, anticipate sudden stops, and be prepared for frequent lane changes. Adhering to traffic signals and being cautious at intersections can help prevent collisions.

Wildlife and rural roads

In rural parts of New York, encounters with wildlife, especially deer, are common, particularly during dawn and dusk. These areas may have less lighting and fewer road signs, increasing the risk of accidents. Drivers should stay alert, use high beams when appropriate, and reduce speed in areas known for wildlife crossings.

Tourism and special events

New York hosts numerous events and attractions that draw large crowds, leading to increased traffic and potential for accidents. Events like the New York State Fair in Syracuse or major parades in NYC can cause road closures and detours. Planning routes in advance and allowing extra travel time during these periods can help mitigate risks.

By being aware of these unique local factors and adjusting driving habits accordingly, motorists can navigate New York’s roads more safely and reduce the likelihood of accidents.

Legal Resources & Contacts

If you’re involved in a motor vehicle accident in New York, it’s crucial to know where to turn for assistance. Several state agencies and organizations offer resources to help you navigate the aftermath of an accident, from reporting the incident to seeking legal advice.

New York State Department of Motor Vehicles (DMV): The DMV handles driver licensing, vehicle registration, and maintains records of traffic violations and accidents. You can report accidents, request driving records, and access various forms through their services.

• 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 without local law enforcement, the State Police can assist with accident reports and investigations.

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

New York City Police Department (NYPD): If your accident occurs within New York City, the NYPD is responsible for responding to and documenting traffic accidents.

• Website: nyc.gov/nypd
• Phone: 311 (or (212) 639-9675 outside NYC)

Motor Vehicle Accident Indemnification Corporation (MVAIC): If you’re involved in an accident with an uninsured or hit-and-run driver, MVAIC provides compensation to eligible individuals.

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

Remember, consulting with an experienced attorney can help protect your rights and ensure you receive fair compensation after an accident. Many law firms offer free initial consultations, allowing you to discuss your case without financial obligation.