Car Accident Settlement in New York
New York car accident laws — statute of limitations, fault rules, minimum insurance requirements, no-fault vs. tort rules, and typical settlement amounts.
New York is a no-fault state with mandatory PIP of $50,000 minimum per person. Your own no-fault insurance pays medical bills and lost wages regardless of fault. You can sue for pain and suffering only if you suffered a "serious injury" under New York Insurance Law §5102(d).
New York requires reporting any accident involving injury, death, or damage over $1,000 to the New York DMV within 10 days using form MV-104. Failure to report can result in license suspension. NYC accident reports also require NYPD Report #.
Frequently Asked Questions
How long do I have to file a car accident claim in New York?
3 years. New York's statute of limitations for personal injury from a car accident is 3 years from the date of injury (CPLR §214). Wrongful death claims are 2 years from death. Accidents involving government vehicles require a notice of claim within 90 days.
Is New York a fault or no-fault state?
No-fault state. New York is a no-fault state with mandatory PIP of $50,000 minimum per person. Your own no-fault insurance pays medical bills and lost wages regardless of fault. You can sue for pain and suffering only if you suffered a "serious injury" under New York Insurance Law §5102(d).
What are the fault rules for car accidents in New York?
New York follows Pure Comparative Fault. New York follows pure comparative negligence — you can recover damages reduced by your percentage of fault, even if more than 50% at fault. Courts apportion fault among all parties.
What is the minimum car insurance required in New York?
25/50/10 (bodily injury per person/per accident/property damage). New York minimum liability: $25,000 per person / $50,000 per accident bodily injury / $10,000 property damage. New York also requires uninsured motorist coverage (25/50) and SUM (supplemental uninsured/underinsured motorist) coverage.
How much is a car accident settlement worth in New York?
$25,000–$90,000. New York car accident settlements are among the highest nationally, particularly in NYC where jury verdicts are high. New York's mandatory SUM coverage often provides additional recovery beyond at-fault driver's limits.
What should I do immediately after a car accident in New York?
Call 911 if there are injuries. Exchange insurance, license, and registration with other drivers. Document the scene with photos. Get witness contact information. Seek medical attention immediately — do not wait. New York requires reporting any accident involving injury, death, or damage over $1,000 to the New York DMV within 10 days using form MV-104. Failure to report can result in license suspension. NYC accident reports also require NYPD Report #.