Car Accident in New York:
No-Fault, Serious Injury & Your Rights.

New York Car Accident Law Overview (2026)

New York is a no-fault state. After an accident, you first file with your own insurer's PIP (Personal Injury Protection) coverage for medical bills and lost wages — regardless of who caused the accident. To sue the at-fault driver for pain and suffering, your injuries must meet a specific "serious injury" threshold.

Sources: SetCalc Settlement Statistics 2025; NY Department of Financial Services; CPLR §214

New York No-Fault (PIP) Coverage

Every New York auto policy must include at least $50,000 in basic no-fault PIP coverage (among the highest mandatory minimums in the US). PIP pays:

• Medical expenses: All necessary and reasonable medical bills up to $50,000
• Lost wages: 80% of gross wages lost due to injury, up to $2,000 per month
• Other reasonable expenses: $25 per day for up to 3 years (household help, transportation to medical appointments)
• Death benefits: $2,000 for funeral expenses

No-fault doesn't cover

• Pain and suffering
• Lost wages above $2,000/month
• Future medical costs beyond the cap
• Non-economic damages of any kind

The Serious Injury Threshold — When You Can Sue

To recover pain and suffering (and economic losses beyond PIP limits) from the at-fault driver, your injuries must meet at least one of these categories under NY Insurance Law §5102(d):

• Death
• Dismemberment
• Significant disfigurement
• A fracture (including hairline fractures)
• 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
• 90/180 category: A non-permanent medically determined injury that prevents you from performing substantially all usual daily activities for at least 90 of the first 180 days following the accident

New York Insurance Minimum Requirements (2026)

• Bodily injury liability: $25,000 per person / $50,000 per accident
• Property damage: $10,000
• No-fault PIP: $50,000 (mandatory)
• Uninsured motorist: $25,000 per person / $50,000 per accident (mandatory)
• SUM (underinsured motorist): Must be offered; strongly recommended to match your liability limits

SUM Coverage: Critical Protection in New York

Supplementary Uninsured/Underinsured Motorist (SUM) coverage is your most important protection when:

• The at-fault driver was uninsured (approximately 5% of NY drivers)
• The at-fault driver's policy limits are too low to cover your damages
• You are a pedestrian or cyclist hit by an uninsured vehicle

Recommendation: Match your SUM limits to your bodily injury limits — if you carry 100/300 liability, carry 100/300 SUM. The premium difference is modest; the protection is substantial.

Statute of Limitations in New York

• Personal injury: 3 years from the date of accident (CPLR §214)
• Wrongful death: 2 years from the date of death
• NYC and government entities: Notice of Claim within 90 days of the accident; lawsuit must be filed within 1 year and 90 days
• Minors: Statute tolled until age 18, then 3 years

Steps to Take After a New York Car Accident

• Call 911 — required if anyone is injured or killed, or if damage exceeds $1,000
• Seek medical treatment promptly — you must begin treatment quickly to establish a record and meet no-fault documentation requirements
• File a no-fault claim with your insurer within 30 days — NY no-fault requires timely notice to your insurer; late notice can result in denial
• File MV-104 form — required to be filed with DMV within 10 days if injury, death, or property damage over $1,000
• Attend all medical appointments — gaps in treatment give insurers grounds to dispute causation and deny claims
• Consult a NY personal injury attorney — especially if injuries may meet the serious injury threshold