FAQs: Car Accident & Auto Insurance Laws in New York State

New York auto insurance laws determine which insurer pays your medical bills, how much coverage drivers must carry, and when you can pursue additional compensation. These answers to frequently asked questions explain what to expect when filing a car accident claim.

Many people ask us about New York state auto insurance claim laws following an accident. Given the complexity of the state’s rules, it’s not surprising.

New York state car accident laws encompass various aspects, such as liability, insurance requirements, and the statute of limitations for filing claims.

Understanding these laws is crucial for both drivers and accident victims to protect their rights and seek appropriate compensation for damages and injuries.

If you suffered injuries in a car accident, please contact our New York car accident lawyers to discuss your legal options. Get started with a free consultation by calling (646) 450-4110 or reaching out to our firm online.

NYC DOT reported 205 traffic deaths in 2025, including 111 pedestrians. Coverage questions affect people walking through an intersection as well as people behind the wheel. The right claim depends on how the accident happened and which policies apply.

What Should I Do If I Am Involved in a Car Accident in New York Resulting in an Injury? 

After a car accident, you should first call 911 to report the accident and request medical assistance. You should also exchange contact and insurance information with the other drivers involved in the accident. If there are any witnesses, try to get their contact information. Taking pictures of the accident scene and vehicle damage is also a good idea.

Do I Need to Call the Police After a Car Accident in New York? 

You must immediately notify the police when someone is injured or killed. There is a separate DMV reporting requirement that applies when someone is injured or killed, or damage to any one person’s property exceeds $1,000. Drivers must submit their report within 10 days, even if the police also prepare a report.

For a property-damage-only crash, exchange license, registration, and insurance information. Special police notification duties apply if you cannot locate the owner of damaged property.

Related: How Do I Get a Copy of My Accident Report From the NYPD?

What Should I Do if the Other Driver Does Not Have Insurance? 

Report the accident and notify the applicable insurers promptly. New York policies must include uninsured motorist bodily injury protection; it is not simply an optional purchase. The required minimum injury limits are generally $25,000 per person and $50,000 per accident. This coverage does not pay for vehicle repairs.

You may also have supplementary uninsured/underinsured motorists coverage, called SUM. Review the policy before assuming that an uninsured driver leaves you without compensation.

Related: What Happens If an Uninsured Driver Hits You in New York?

Should I Talk to Insurance Adjusters Before Finding a Lawyer?

It’s wise to consult a lawyer before giving the other driver’s insurer a recorded statement or discussing a settlement. Adjusters represent their insurer, and your statements can affect your claim. However, do not postpone notifying your own insurer or meeting policy cooperation requirements while looking for counsel. A lawyer can help you respond accurately and protect your rights.

What Is the Statute of Limitations for Filing a Car Accident Claim in New York? 

The statute of limitations for filing a personal injury claim is typically three years from the date of the accident. However, some situations can extend or decrease the filing time in New York.

How Much Car Insurance Does New York Require? 

For most passenger vehicles, New York auto insurance requirements include these minimum protections:

The New York DMV explains liability limits, while DFS identifies the required PIP and uninsured motorist coverage.

Liability pays covered claims made against an insured who is legally responsible. It does not provide an additional $25,000 to pay for the driver’s own injuries. The declarations page lists your policy’s actual limits, which may exceed these minimums.

Under New York Auto Insurance Laws, Is It Mandatory to Have Car Insurance?

Yes. For an ordinary passenger vehicle registered in New York, coverage must remain active while registration is valid, even if the car sits unused. DMV warns that a lapse can result in suspension of registration and driver’s license. Stopping your payments because you stopped driving can therefore create a coverage gap and registration problems.

What Is No-Fault Insurance in New York? 

New York is a no-fault insurance state. Eligible drivers and passengers generally seek benefits from the insurer covering the vehicle they occupied. Fault does not determine eligibility, although exclusions and other coverage rules can apply.

Basic PIP covers necessary medical treatment and certain economic losses, subject to a combined limit of $50,000 per person.

Benefits generally include:

• 80% of lost earnings, capped at $2,000 monthly for up to three years, subject to statutory offsets; and
• Up to $25 daily for other reasonable, necessary expenses for up to one year, such as transportation to medical appointments.

These benefits share the basic limit; they are not separate $50,000 allowances. No-fault does not pay pain and suffering or vehicle repairs.

Related: The Basics of New York’s No-Fault Insurance System

How Quickly Must I Notify the No-Fault Insurer?

DFS requires written notice as soon as reasonably practicable, generally within 30 calendar days after the accident. Late notice requires written proof of a clear, reasonable justification. A police report does not replace an insurance notice.

Medical bills generally must be submitted within 45 days after treatment, and lost-wage claims within 90 days after the loss. These insurance deadlines are separate from the deadline for filing a lawsuit. Keep copies and proof of submission.

Can I Sue the Other Driver If I’m in a Car Accident in New York? 

You may pursue a negligent driver for pain and suffering if your injury meets the applicable serious injury threshold. You may also pursue recoverable economic losses beyond basic no-fault benefits. These are different legal questions: exceeding the no-fault limit does not automatically establish a serious injury.

What Is the “Serious Injury Threshold” in New York? 

The threshold generally controls whether a covered accident victim can recover pain and suffering from another covered person.

Under state insurance law, qualifying injuries include:

• 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; or
• Significant limitation of use of a body function or system.

Having more than $50,000 in losses does not, by itself, satisfy this definition.

New York auto insurance laws changed in 2026. The former “90/180-day” category was removed for actions and proceedings commenced on or after May 26, 2026. Medical documentation and the rules applicable to your case matter.

Can I Recover Compensation If I Was Partly at Fault?

For personal injury actions subject to New York’s contributory negligence laws, you are now barred from recovery when your fault exceeds the combined fault of the people you seek compensation from. Otherwise, comparative fault reduces recoverable damages. The 2026 amendments apply to actions and proceedings commenced on or after May 26, 2026. This liability rule is separate from no-fault benefits.

How Does New York Handle Hit-and-Run Accidents? 

If you are involved in a hit-and-run accident in New York, you should call the police immediately and report the accident. If the police locate the driver, they could face criminal charges for leaving the accident scene. Otherwise, if applicable, you might file a claim under your own uninsured motorist coverage. 

If no applicable auto policy is available, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide benefits to eligible victims. Its requirements include police reporting within 24 hours and a notice of intention generally within 90 days for an unidentified vehicle, or 180 days for an identified vehicle. Eligibility restrictions apply; MVAIC is not automatic coverage for every uninsured person.

What Should I Do If I’m in a Car Accident with a Government Vehicle? 

If you are involved in a car accident with a government vehicle, you should call the police and report the accident. You should also exchange contact and insurance information with the other driver.

Deadlines for filing claims against government agencies are very short. A notice of claim may be required within 90 days; that is separate from filing a lawsuit. The correct deadline and procedure depend on the public entity involved, so it’s important to contact a New York car accident lawyer right away.

How Does New York Handle Accidents Involving Drunk Drivers? 

If you are involved in an accident with a drunk driver in New York, you should call the police and report the accident. The driver may be charged with driving under the influence and face criminal penalties. You may also be able to file a personal injury claim against the driver.

What Happens If I’m in a Car Accident in New York but I Don’t Live Here? 

If you are in a car accident while traveling in New York but don’t live here, you are still required to follow the same procedures as if you were a resident of New York. That includes calling the police, exchanging contact and insurance information with the other driver, and seeking medical attention if you are injured. You should also contact your own insurance company to report the accident and begin the claims process. 

What Happens If I’m in a Car Accident in New York and the Other Driver Is from Another State? 

If you are in a car accident in New York and the other driver is from another state, you will still be required to follow the same procedures as if the other driver were a New York resident.

If the other driver is legally responsible, their liability insurer may cover your claim, subject to applicable law and policy terms. Their home state does not determine every coverage issue. Notify the relevant insurers promptly so that no-fault and liability claims can be evaluated separately.

What Happens If I Don’t Have Enough Auto Liability Coverage to Cover the Damages in a NY Accident? 

You could be personally responsible for paying any damages that exceed your policy limits. That can be a significant financial burden, so it is essential to make sure that you have enough coverage to protect yourself.

Can I Have More Than $50,000 in No-Fault Protection?

Yes. Additional PIP can increase protection beyond basic benefits. New York also requires insurers to offer optional basic economic loss coverage, or OBEL, which adds $25,000 after the initial $50,000 is exhausted. OBEL may be directed to specified losses, including lost earnings or certain therapy and rehabilitation expenses. It does not provide unrestricted compensation for every loss. Coverage must be in place before the accident; buying it afterward does not cover an earlier crash.

Which Documents Help Identify Available Coverage?

Keep the crash report, insurance cards, declarations pages, claim numbers, and every insurer’s letter. For an app-based ride, save the receipt and screenshots showing the trip. Tell your attorney whether you were working, riding in someone else’s vehicle, or living with relatives who had auto insurance. Those details help identify policies that might otherwise be overlooked. A photograph of an insurance card alone will not show every endorsement or coverage limit.

What If Several People Are Injured in the Same Accident?

The per-accident liability limit is shared. For example, if three people each have $25,000 in covered nonfatal injury claims against a driver with minimum limits, that policy provides only $50,000 total, not $75,000. The per-person cap still applies. Other responsible parties or applicable policies may provide additional recovery, but the minimum policy alone may be insufficient.

What If the At-Fault Driver Has Insurance, but Not Enough?

SUM coverage may help when the responsible driver’s bodily injury limits are lower than the applicable limits protecting you. Unlike required basic UM, SUM can address underinsured drivers. Check your declarations page and endorsements.

For example, a $100,000 SUM limit and a $25,000 liability payment could leave up to $75,000 available under SUM, subject to proven damages and policy conditions. Liability payments generally offset SUM limits. Before releasing the driver, have counsel check the SUM policy’s settlement requirements.

Who Pays to Repair My Car After a Crash?

New York car insurance laws distinguish injury benefits from vehicle damage. You can seek repairs from a responsible driver’s property damage coverage, subject to liability and limits. Your own collision coverage may pay for covered crash damage, less your deductible, even while fault is disputed.

Collision is optional under state law, though a lender may require it. Without it, your basic liability policy generally does not repair your own car after you cause a collision.

What If I Were a Passenger or Pedestrian Without My Own Car Insurance?

You do not necessarily need your own policy to receive no-fault benefits. A passenger generally files with the occupied vehicle’s insurer; a pedestrian generally files with the striking vehicle’s insurer. Bus passengers have different priority rules: a personal or household auto policy, if applicable, generally comes first, followed by the bus insurer when no such policy exists.

Does Coverage Change in an Uber or Lyft Accident?

Yes. Outside NYC, New York’s transportation network company rules generally require $75,000/$150,000 bodily injury and $25,000 property damage liability while a driver is logged in, awaiting a trip. An accepted trip generally triggers $1.25 million in liability coverage and $1.25 million in SUM, plus no-fault coverage.

DFS cautions that this framework does not govern trips originating in NYC, where separate rules apply. Save your trip receipt: pickup location and app status can determine which policy applies.

Does New York’s No-Fault Rule Apply If I Was Hit While Riding a Motorcycle?

No. The no-fault rule won’t apply to you if you are hit on a motorcycle. Under Section 5102(f), motorcycles are excluded from the no-fault law. This means that you may pursue the other driver for compensation following an accident.

Should I Accept the First Settlement Offer from My Insurance Company?

In most cases, you should not accept the first settlement offer from your insurance company without carefully reviewing it. Insurance companies often start with a low initial offer to settle quickly and for less than you may be entitled to under New York state auto insurance claim laws.

Here’s why waiting and negotiating is usually in your best interest:

• Negotiation can lead to a higher settlement. Insurance companies expect negotiations, and rejecting the first offer often results in a better payout.
• The offer may not cover all your damages. Initial offers often exclude future medical expenses, lost wages, and pain and suffering, which are compensable under laws for car accidents in New York.
• You may not know the full extent of your injuries. Some injuries take time to manifest, and accepting an early settlement could prevent you from seeking additional compensation later.

Before accepting an injury settlement, review what the payment covers and what rights the release gives up. An early offer may not reflect future treatment, missed work, or the lasting effects of your injury.

Keep the claim type in mind. No-fault pays specified economic benefits; it does not compensate for pain and suffering. A liability or UM/SUM injury settlement addresses different losses and requirements. Accepting routine no-fault payments is not the same as signing a release of an injury claim.

A lawyer can evaluate the offer, available coverage, and any effect on other claims before you sign. Negotiating does not guarantee a larger payment.

Why Is It Important to Hire an Attorney After a Car Accident in New York? 

Hiring an attorney after a car accident in New York can help protect your rights and fight for maximum compensation. We will negotiate with the other driver’s insurance and, if necessary, represent you in court. 

Contact Ferrante & Koenig, PLLC Today 

If you suffered severe injuries in a New York car accident, you might have the right to bring a personal injury claim. However, laws for car accidents in New York can be complicated. Thankfully, our firm has years of experience helping severely injured victims get the compensation they deserve after a car accident.

Contact our office online or call (646) 450-4110 today to learn more about how we can assist you. We offer free consultations.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process.

• New York City DOT, New York Deaths Reach All-Time Low: New York Ends Year With Fewest Fatalities Ever Recorded (January 2026).
• New York Department of Motor Vehicles, New York State Insurance Requirements.
• New York State Department of Financial Services, What auto coverages do I need?
• New York State Department of Financial Services, Filing Claims Under Your Own Policy.
• New York State Department of Financial Services, Consumer FAQs About No-Fault Insurance.
• New York State Department of Financial Services, Insurance Circular Letter No. 3 (2026): Motor Vehicle Insurance Reforms (July 2026).
• Cause of action for personal injury, N.Y. Ins. Law § 5104 (2026). 
• Definitions, N.Y. Ins. Law § 5102(d) (2026).
• Actions to be commenced within three years, N.Y. C.P.L.R. § 214(5) (2022).
• Damages recoverable when contributory negligence or assumption of risk is established, N.Y. C.P.L.R. § 1411(b) (2026).
• New York State Department of Financial Services, Motor Vehicle Accident Indemnification Corporation (MVAIC), Do You Qualify?
• New York State Department of Financial Services, FAQS About Transportation Network Companies (Ride Sharing).