What to do after a car accident in New York
Every rule below is quoted from New York law or a state agency, with a link. Checked September 17, 2026.
No fault state
The short answer
New York is a no fault state. Every driver's own insurance pays basic medical bills and lost wages after a crash no matter who caused it, and you can only sue the other driver for pain and suffering if your injury meets the serious injury definition. New York does not have a separate statewide law requiring you to call police to the scene of every crash. The operative statewide duty is a written report, which must reach the Department of Motor Vehicles within 10 days if anyone is killed or injured, or if property damage is over $1,000. You have 3 years from the crash to file a lawsuit for your injuries.
Deadlines in New York
- 3 years
- to sue for injuriesN.Y. C.P.L.R. 214(5)
- 3 years
- to sue for car or property damageN.Y. C.P.L.R. 214(4)
- 2 years
- for a family to sue after a deathN.Y. Estates, Powers & Trusts Law 5-4.1
- 90 days
- to notify the government if a public vehicle or road was involvedN.Y. General Municipal Law 50-e
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
If you are in a crash involving injury or property damage, you must stop and give your name, address, insurance carrier and insurance identification information to the other party and, for an injury crash, to a police officer.
“stop, exhibit his or her license and insurance identification card for such vehicle...and give his or her name, residence...insurance carrier and insurance identification information”
When you must call the police
New York does not have a separate statewide law requiring you to call police to the scene of every crash. The operative statewide duty is a written report, which must reach the Department of Motor Vehicles within 10 days if anyone is killed or injured, or if property damage is over $1,000.
“within ten days after such accident, report the matter in writing to the commissioner”
In the days after
Whether you must file a report yourself
A driver must send a written crash report to the DMV commissioner within 10 days if the crash caused death or injury to any person, or more than $1,000 in property damage. In practice this is the MV-104 form.
“within ten days after such accident, report the matter in writing to the commissioner”
Getting a copy of the crash report
New York does not use a separate state patrol portal. Order a certified crash report online from the DMV for a 7 dollar search fee plus a 15 dollar report fee, or by mail with form MV-198C for a 10 dollar search fee plus a 15 dollar report fee. Electronically filed New York City police reports are available at least 14 days after the crash, other paper police reports at least 30 days after the crash, and a driver's own self filed report at least 60 days after the crash.
“You can search, purchase, and immediately download certified crash reports online.”
Who pays for the damage
New York is a no fault state. Every driver's own insurance pays basic medical bills and lost wages after a crash no matter who caused it, and you can only sue the other driver for pain and suffering if your injury meets the serious injury definition.
“there shall be no right of recovery for non-economic loss, except in the case of a serious injury”
Insurance rules in New York
What insurance every driver must carry
New York drivers must carry at least $25,000 per person and $50,000 per accident for bodily injury, or 50000 and $100,000 if someone dies, plus $10,000 for property damage.
“twenty-five thousand dollars because of bodily injuries to and fifty thousand dollars because of death of one person in any one accident and, subject to said limit for one person, to a limit of fifty thousand dollars because of bodily injury to and one hundred thousand dollars because of death of two or more persons in any one accident”
Personal injury protection (PIP)
Yes. Every New York auto policy must include no fault personal injury protection covering up to $50,000 per person in combined medical expenses and lost earnings, known as basic economic loss.
“"Basic economic loss" means, up to fifty thousand dollars per person”
When you can sue the other driver
You can only sue the other driver for pain and suffering if your injury is death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body part or system, a permanent consequential limitation, a significant limitation of use, or a non permanent injury that stopped you from your usual activities for 90 of the first 180 days after the crash.
“a personal injury which results in 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”
If the other driver has no insurance
Uninsured motorist coverage is required automatically on every New York liability policy, generally at the same dollar limits as the state's minimum bodily injury liability coverage.
“No policy insuring against loss resulting from liability imposed by law for bodily injury or death... shall be issued or delivered by any authorized insurer upon any motor vehicle... unless it contains a provision whereby the insurer agrees that it will pay to the insured... all sums, not exceeding a maximum amount or limit of twenty-five thousand dollars”
Medical payments coverage
New York does not have a separate medical payments coverage. No fault personal injury protection, called basic economic loss, covers medical expenses instead and is required on every policy.
“"Basic economic loss" means, up to fifty thousand dollars per person”
If an insurance company treats you unfairly
File a complaint against an insurance company online with the New York Department of Financial Services through its Consumer Complaint portal.
“Use our online Consumer Complaint application to file a complaint with DFS about an insurance company, bank, student loan, mortgage or foreclosure, bail agent, or other financial service or product.”
The deadline rules, word for word
Deadline to sue for injuries
You have 3 years from the crash to file a lawsuit for your injuries.
“an action to recover damages for a personal injury”
Deadline to sue for car damage
You have 3 years to sue over damage to your vehicle or other property from the crash.
“an action to recover damages for an injury to property”
Deadline for a wrongful death claim
Family members have 2 years from the date of death to file a wrongful death lawsuit.
“Such an action must be commenced within two years after the decedent's death”
If a government vehicle or road was involved
If a city, town, village, or other municipal vehicle or road was involved, you must serve a notice of claim within 90 days of the crash before you can sue.
“the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises”
Sources on this page
Each one was opened and checked on September 17, 2026.
- N.Y. Insurance Law 5104(a), Comprehensive Motor Vehicle Insurance Reparations Act
- N.Y. Insurance Law 5102(a)
- N.Y. C.P.L.R. 1411
- N.Y. C.P.L.R. 214(5)
- N.Y. Estates, Powers & Trusts Law 5-4.1
- N.Y. General Municipal Law 50-e
- N.Y. Vehicle and Traffic Law 605
- N.Y. Vehicle and Traffic Law 311(4)(a)
- N.Y. Insurance Law 3420(f)(1)
- N.Y. Vehicle and Traffic Law 600
- NY DMV Records
- NY Department of Financial Services
- 22 NYCRR 691.20(e)(2) (general negligence/personal injury, 2nd Dept.); Judiciary Law 474-a (medical, dental, podiatric malpractice)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.