New York Car Accident Guide: Get Fair Compensation for Injuries

See how to protect your safety, legal rights, and financial interests after a motor vehicle accident in New York.

More than 400 people are injured or killed every day on New York roadways.¹

If you are injured in a New York traffic accident, you are entitled to financial compensation for your medical costs, lost wages, and other losses. Here’s what you can do after a crash to protect yourself and start building a strong injury claim.

What to Do After a New York Car Accident

Here are five steps you can take to protect your right to personal injury compensation after an accident.

1. Stay At the Scene and Exchange Information

New York car accident law requires drivers in an accident resulting in personal injury or property damage to stop and provide their name, address, and insurance information to the driver and occupants of the other vehicle. Drivers must also provide their license number at the scene.

A Report of Motor Vehicle Accident must be filed within 10 days of an accident resulting in injury, death, or property damage over $1,000.

What if I hit a parked car in New York?

If you hit a parked car in New York, try to locate the vehicle owner to explain what happened and share information. If you can’t locate the owner, you must report the accident to the nearest police station.

2. Call 911 and Help the Injured

Drivers in New York are not legally obligated to render aid to the injured at the scene of a traffic accident. However, drivers are required to report an injury accident to the nearest police station as soon as possible. Calling 911 to report the accident and ask for an ambulance is a fast and practical way to meet the reporting obligation.

Can I be held liable for giving aid to an injured person in New York?

No. New York has “Good Samaritan” laws protecting people who freely provide emergency care in an emergency situation from civil liability.

3. Seek Prompt Medical Treatment

Never refuse or delay medical attention after a car accident. You could have serious injuries that are not immediately obvious, especially if you are stunned by the sudden impact of a collision.

Prompt medical attention not only helps protect your health, it also protects your right to injury compensation. The insurance company will challenge claims for injuries that aren’t clearly linked to the vehicle accident.

If you aren’t taken to the hospital in an ambulance, go to a hospital emergency department, urgent care center, or your doctor’s office as soon as possible. Ideally, you’ll have a medical evaluation on the same day as the accident. You are entitled to compensation for all your injuries, so tell the doctor about all of your injuries and symptoms, not just the most serious ones.

Can I make an insurance claim for a minor injury in New York?

Yes. You can make an insurance claim for minor injuries, supported by your medical bills and records, under your auto policy’s Personal Injury Protection (PIP) coverage. PIP will pay for your medical visit after the accident, including the cost of any imaging tests or lab work to rule out more serious injuries.

4. Gather Evidence From the Scene

In no-fault insurance states like New York, you must rely on your own insurance company to cover most injury claims, no matter who caused the accident. When your injuries are serious enough to exceed the no-fault threshold, the burden is on you to prove the other driver was responsible for causing the crash.

The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation.

Other types of evidence include:

How can I get a copy of the police report in New York?

Insurance Companies generally request copies of police reports from the New York DMV as part of their accident investigation. Crash victims’ requests are made according to the location where the accident occurred.

How long do traffic violations stay on my record in New York?

Points for most traffic violations, including violations that occurred in other states, are counted on your New York driving record for 18 months, although the conviction will stay on your record indefinitely.

5. Notify Both Insurance Companies

Notify your own insurance company as soon as possible that you were in an accident and intend to make a claim. New York is a no-fault insurance state, so most car accident injury claims will be covered by your Personal Injury Protection (PIP) coverage.

You must make your no-fault PIP claim within 30 days of the car accident. 

If your injuries are serious enough to exceed the no-fault threshold, you’ll need a personal injury attorney to handle the liability claim against the at-fault driver. Your attorney will establish why your injury exceeds the no-fault threshold and will notify the at-fault driver’s insurance company.

Is New York a no-fault state?

Yes, New York is a no-fault state. You must first rely on your own insurance company for car accident injuries.

How long do I have to make an insurance claim in New York?

New York has a three-year statute of limitations for personal injury claims. Adults must settle their injury claim or file a lawsuit before the statutory deadline.

New York Fault and Liability Rules

New York is a no-fault state, meaning most car accident injury claims are paid by the victim’s Personal Injury Protection (PIP) coverage.

PIP will pay reasonable medical expenses for injuries arising from a car accident, and 80 percent of your lost wages, up to $2,000 per month for three years if you can’t work because of your injuries. If you need replacement services, such as lawn care or transportation, PIP will pay up to $25 per day.

PIP does not pay for vehicle repairs or non-economic damages, like pain and suffering.

You must make a PIP claim within 30 days of the accident date.

Injuries Exceeding the No-Fault Threshold

New York only allows injured victims to pursue compensation from the at-fault driver when the injuries exceed the no-fault threshold.

Injuries that exceed New York’s no-fault threshold include:

  • Death
  • Dismemberment or disfigurement
  • Broken bones
  • Death of an unborn baby
  • Permanent limitation on the use of a body part
  • An injury that interferes with your activities of daily living for 90 days or more

Victims with injuries that exceed the no-fault threshold can seek compensation for all their damages, including medical expenses, lost income, out-of-pocket costs, and pain and suffering.

New York Shared Fault Rules

New York follows a pure comparative fault rule. You can seek compensation from the other driver even when you share a lot of the blame for your injuries. Your compensation will be reduced in proportion to your percentage of fault.

Example of Pure Comparative Fault in New York

Mathew was driving on Franklin Street in Lackawanna, approaching Apple Avenue. As he drove, Mathew was arguing with his girlfriend over the phone. Although he was using a hands-free device, Mathew didn’t notice that his speed was increasing along with his anger.

Connie was also traveling on Franklin, approaching Apple Avenue from the other direction. Just as Connie was attempting a left turn onto Apple, Mathew came flying into the intersection. Both drivers suffered significant injuries in the side-impact collision.

Connie was cited for making an improper left turn and failing to yield the right of way. Witnesses told police that Mathew was speeding.

Mathew filed an injury claim with Connie’s insurance company, demanding $60,000 for multiple fractures and a concussion. When settlement negotiations failed, the case went to court.

Connie admitted to making the left turn. Her defense attorney presented witness testimony of Matthew speeding and phone record evidence that Mathew was talking on the phone when the accident occurred.

The jury determined that Connie was 75 percent to blame for making a left turn into oncoming traffic. The jury found Matthew to be 25 percent liable because he was speeding and driving while distracted.

The jury awarded $45,000 to Matthew, representing a 25 percent reduction to his claim value.

What makes a New York driver at fault for a rear-end collision?

The fault for a rear-end collision usually falls on the driver who was following too closely to safely stop. New York traffic laws require drivers to follow at a safe distance for the speed of traffic and road conditions.

Which driver is at fault for a side-impact collision in New York?

Side-impact collisions are most often caused by drivers who fail to yield the right of way at an intersection, at a stop or yield sign or signal, or who turn left into oncoming traffic.

What's the primary cause of head-on collisions in New York?

Driving left-of-center is a primary cause of head-on collisions. New York requires drivers to stay on the right side of the road, except when passing and in other limited circumstances when there is clearly no oncoming traffic.

Drivers are also prohibited from speeding up when a vehicle is in the process of passing until completely passed by the overtaking vehicle.

New York Car Accident Compensation

Insurance companies in New York payout more than $9.7 billion in auto accident claims each year.

A minor to moderate injury claim will typically fall within New York’s no-fault boundaries. Your Personal Injury Protection (PIP) coverage will pay your medical bills, and 80 percent of your lost wages. There is no PIP coverage for non-economic damages.

Talk to an experienced personal injury attorney about a serious injury claim. Claims for injuries that exceed the no-fault threshold will include the full value of present and future medical expenses, lost wages, and the pain and distress of severe injuries.

Can I sue for pain and suffering in New York?

Because New York is a no-fault state, you can only seek compensation for pain and suffering if your injuries are serious enough to exceed the no-fault threshold.

Average Car Accident Settlements in New York

The average injury settlement for a moderate car accident claim in New York is $42,941, with average payouts ranging from $8,156 to $921,582. Settlements and court awards can range from $1,945 for very minor injuries to more than $4,300,000 for disabling injuries.

Injury settlements can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Suffolk County, Esposito v. Fitzgerald, 33542/2011, a jury awarded $1,945 to the victim for soft-tissue injuries. The plaintiff had rejected a $20,000 offer of settlement before trial.
  2. In Kings County, Hodge v. Service Direction, Inc., 1892/00, the jury awarded $4,303,370 for neck and back injuries. Plaintiff suffered a 50% loss of range of motion in her neck and back.

Factors that impact New York accident compensation include:

  • Scope and severity of injuries
  • Shared fault for the crash
  • Multi-vehicle collisions
  • Multiple injured victims
  • Fatalities
  • Available insurance coverage

When you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to cover everyone’s injuries after PIP is exhausted.

New York State Minimum Insurance Requirements

New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP) and liability coverage of at least $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 per property damage.

New York also requires drivers to have uninsured motorist coverage equal to the liability limits of the policy.

Visitor Questions about New York Car Accidents