New York · Injury claimsCar accident injury claims in New York
New York is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in New York.
New York at a glance
- Fault rule
- Pure comparative fault
- No-fault state?
- Yes
- PIP / no-fault coverage
- $50K minimum PIP per person (basic economic loss); lost wages capped $2,000/month for 3 years; substitute services $25/day for 1 year; 20% earnings offset; OBEL +$25K optional; APIP optional ($25K-$200K+). Motorcyclists EXCLUDED.
- Threshold to step outside no-fault
- Applies
- Minimum liability coverage
- BI 25/50; Death 50/100 (distinct higher death-limit minimums, unique to NY among major states); PD $10K; plus $50K PIP (§ 5102); plus UM at 25/50 (§ 3420). Pending: S1249/A2189/A5053 (2025) propose 50/100/25.
- Time limit for an injury claim
- 3 years
You can recover even if you were mostly at fault — your award is reduced by your share of fault.
Your own PIP coverage pays for injuries first, regardless of who caused the crash.
Serious-injury verbal threshold (§ 5102(d)): 8 enumerated categories + 90/180-day non-enumerated clause = 9 recovery paths — death; dismemberment; significant disfigurement; fracture; loss of fetus; permanent loss of use; permanent consequential limitation; significant limitation; plus 90/180-day non-permanent impairment preventing substantially all usual activities.
Generally measured from the date of the accident.
How fault works in New York
NY follows pure comparative fault under CPLR § 1411 — no bar; a plaintiff 99% at fault still recovers 1%. Same as CA/WA.
Paying for injuries in New York
NY is a no-fault state with a $50K minimum PIP per person. Lost wages capped at $2,000/month for 3 years; substitute services $25/day for 1 year; 20% earnings offset; OBEL +$25K and APIP optional. The 30-day NOTICE/FILING rule (11 NYCRR § 65-1.1, Reg 68) is the tightest consumer clock in the US — written notice no more than 30 days after the accident (extendable for cause); forfeiture trigger. Insurer payment within 30 days of proof; overdue accrues 2%/month interest + attorney fees (§ 5106(a)). Motorcyclists are EXCLUDED from PIP and sue from the first dollar. Tort recovery for non-economic damages requires meeting the § 5102(d) serious-injury threshold (8 enumerated categories + 90/180-day clause = 9 paths).
How Moe handles injury claims in New York
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to New York’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
New York injury claims — common questions
- Is New York a no-fault state?
- Yes. New York is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.
- What is New York's fault rule for a car accident?
- New York follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.
- How long do I have to file an injury claim in New York?
- In New York the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
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This page summarizes New York’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.