Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
This guide applies to New York State law. The no-fault system, serious injury threshold, and NF-2 deadline are specific to New York and differ significantly from fault states like Texas, Georgia, and California.
New York is a no-fault state. Your own insurer pays initial medical bills and lost wages through Personal Injury Protection (PIP), regardless of fault, but you may still sue the at-fault driver if your injuries meet the serious injury threshold under NY Insurance Law § 5102(d).
Key facts for your NYC accident:
- File NF-2 within 30 days. Your PIP application must reach your insurer within 30 days of the accident or you may forfeit up to $50,000 in benefits. This is the most critical deadline after getting medical care.
- Statute of limitations: 3 years from the accident date: CPLR § 214, longer than most states, but strict.
- Serious injury threshold: To sue for pain and suffering, your injuries must qualify under Insurance Law § 5102(d), categories including bone fracture, significant disfigurement, permanent loss of use, and significant limitation. A 2026 reform removed the 90/180-day category for cases commenced on or after May 27, 2026.
- Comparative fault (50% bar for car cases): A 2026 reform (CPLR § 1411(b)) bars recovery in car accident cases if your fault is greater than the other driver's, for cases commenced on or after May 27, 2026. At 50% or less, your award is reduced proportionally. Cases filed before that date follow NY's prior pure comparative rule, with no bar.
- Government vehicle involved? 90-day Notice of Claim required, and the lawsuit deadline shrinks to 1 year and 90 days, far shorter than the 3-year standard.
- Call 911. An NYPD crash report (MV-104) is required for any injury accident. Reports available online at collisionreport.nypdonline.org after 7 business days.
Quick Answer — Source Index6§ 4 LAW◎ 2 GOVclaim-level sources
NY Insurance Law § 5102: Definition of Serious InjuryNY Insurance Law § 5102: Definition of Serious Injury✓ Official (source-only)
CPLR § 214: Three-Year Statute of LimitationsCPLR § 214: Three-Year Statute of Limitations✓ Official (source-only)
NY Insurance Law § 5106: NF-2 Filing DeadlineNY Insurance Law § 5106: NF-2 Filing Deadline✓ Official (source-only)
NYPD Motor Vehicle Collisions Data 2024NYPD Motor Vehicle Collisions Data 2024✓ Official (source-only)
NY Gen. Mun. Law § 50-e: Notice of ClaimNY Gen. Mun. Law § 50-e: Notice of Claim✓ Official (source-only)
NYPD Collision Report Retrieval PortalNYPD Collision Report Retrieval Portal✓ Official (source-only)
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Right now · first hours
At the scene
Medical first. Concussion/TBI and internal injuries can surface hours later. A worsening headache, confusion, repeated vomiting, or numbness means emergency care now (CDC head-injury danger signs).
- 1
Call 911. NYPD must respond to any accident involving injury, and the officer's MV-104AN crash report is the foundation of both your insurance claim and any lawsuit.
- 2
Photograph everything before vehicles are moved: all damage, your visible injuries, road conditions, crosswalk markings, signals, skid marks, and vehicle positions.
- 3
Exchange information with all drivers: license, insurance, policy number, plate. If a TLC-licensed rideshare vehicle is involved, photograph the TLC plate too.
Do not
- ✕Admit fault or apologize on record.
- ✕Give a recorded statement to the at-fault driver's insurer. New York law does not require you to cooperate with their investigation.
First 72 hours
Report & preserve evidence
NYC insurance adjusters begin building their file within 72 hours of notice, before most victims have imaging results or understand New York's no-fault rules. Two clocks are already running: the insurer's file and your 30-day NF-2 deadline.
- File NF-2 within 30 days. Your no-fault PIP application must reach your insurer within 30 days under NY Insurance Law § 5106, or you can forfeit up to $50,000 in benefits. If you have no attorney yet, call your insurer and request the form directly.
- NYC has CCTV on nearly every block. A preservation letter within 48 to 72 hours keeps footage from being overwritten.
- See a doctor the same day, even if you feel fine. Gaps of 3+ days are used by insurers to challenge both PIP claims and serious-injury determinations.
- Get witness names and numbers. With 284 crashes a day in NYC, bystanders are common, and their statements carry weight in fault disputes.
Why a New York crash is different
New York's no-fault system splits your claim into two tracks that run at the same time, and most other states work nothing like this:
- No-fault PIP first. Your own insurer pays initial medical bills and lost wages up to $50,000, regardless of fault.
- The serious injury threshold. To sue for pain and suffering you must qualify under Insurance Law § 5102(d): categories including fracture, significant disfigurement, permanent loss of use, and significant limitation. A 2026 reform removed the 90/180-day category for cases commenced on or after May 27, 2026. This is the central fight in most NYC car cases.
- Comparative fault with a 50% bar for car cases. Partial fault reduces your recovery proportionally. A 2026 reform (CPLR § 1411(b)) bars recovery entirely if you are more than 50% at fault in cases commenced on or after May 27, 2026; cases filed before then follow NY's prior pure comparative rule, with no bar.
- Government vehicles change everything. An MTA bus, NYPD car, or sanitation truck means a 90-day Notice of Claim and a 1-year-90-day lawsuit deadline.
NYC recorded 95,000 motor vehicle collisions in 2024: 284 crashes per day, with 253 fatalities and 40,000+ injury collisions.
Brooklyn had the most crashes (22,781), followed by Queens (17,808) and Manhattan (11,902). Queens Boulevard and Atlantic Avenue in Brooklyn rank among the most dangerous corridors in New York State.
Source: NYPD Traffic Data: Collision Statistics 2024
Legal detailsKey numbers for this case typeNo-fault PIP limits, the NF-2 deadline, liability minimums, and New York filing deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| NY statute of limitations, personal injury | 3 years from accident date | statuteCPLR § 214 |
| No-fault PIP application deadline | 30 days from accident | statuteNY Insurance Law § 5106 |
| No-fault PIP basic economic loss limit | $50,000 per person | statuteNY Insurance Law § 5102(a) |
| Lost wage cap under NY PIP | $2,000/month (80% of gross income) | statuteNY Insurance Law § 5102(a)(2) |
| NY minimum bodily injury liability | $25,000 per person / $50,000 per accident | statuteVTL § 388 / NY Insurance Law § 3420 |
| Government entity lawsuit deadline (NYC) | 1 year + 90 days (Notice of Claim: 90 days) | statuteNY Gen. Mun. Law § 50-e |
| NYC total crashes (2024) | ~95,000 collisions | .gov ✓NYPD Traffic Data 2024(as of 2024) |
First 2 weeks · before you sign
Protect the claim before you sign anything
- Keep every bill, scan, and note; track missed work. Full damages cannot be assessed until you reach Maximum Medical Improvement.
- A recorded statement and a signed release can each limit what you recover. People often have these reviewed before signing. In New York a signed release permanently closes the claim, even if surgery is needed later.
A quick settlement offer is information to weigh against your full and future costs, not something this page can tell you to accept or reject. When the stakes are unclear, that is a good moment for a licensed attorney.
Local resources (New York City)
Get your crash report
NYPD responds to injury crashes and files an MV-104AN report. Download it at collisionreport.nypdonline.org after about 7 business days, or request older reports from the NY DMV with form MV-198C.
Verified as of Jun 2026Tow & impound
If NYPD ordered the tow, call 311 or check nyc.gov to locate the borough tow pound holding your vehicle. Bring ID, proof of ownership, and insurance. Daily storage fees add up.
Verified as of Jun 2026Body shop
You choose your own repair shop. Under NY Insurance Law § 2610, the insurer cannot require a specific shop. Ask for an itemized estimate and OEM parts.
Verified as of Jun 2026Medical records
Request copies from each provider; you have a right to them. Keep one folder with every bill, scan, and visit summary.
Verified as of Jun 2026Hospitals & emergency contacts
Level I trauma centers (NYC)
Bellevue (Manhattan) · Elmhurst (Queens) · Kings County (Brooklyn) · Lincoln (Bronx). For severe injuries call 911; EMS routes to the nearest trauma center.
Verified as of Jun 2026Police & crash reports
Call 911 for any injury crash; NYPD must respond and file the MV-104AN. Non-emergency questions: 311. Always get the report or incident number before leaving the scene.
Verified as of Jun 2026Common mistakes to avoid
- 1
Missing the 30-day NF-2 filing deadline.
- 2
Assuming 'no-fault' means you cannot sue.
- 3
Giving a recorded statement to the at-fault insurer.
- 4
Settling before Maximum Medical Improvement.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a verified local attorney
Most contested NYC car-accident claims turn on the serious-injury threshold and the 30-day NF-2 clock. The verified partner firm for New York City can take it from here. One firm, credential-checked. No lead auction.
See the verified firm & start a free evaluation →What runs out, and when
- 30 days from the crash to file your no-fault NF-2 application (NY Insurance Law § 5106). Missing it can forfeit up to $50,000 in PIP benefits. The most urgent New York deadline.
- 3 years from the crash for most New York injury lawsuits (CPLR § 214). Strict.
- 90 days to file a Notice of Claim if a government vehicle was involved (MTA bus, NYPD, sanitation truck), then 1 year and 90 days to sue (Gen. Mun. Law § 50-e).
- Exceptions: deadlines for minors can be tolled under CPLR § 208, and government-claim deadlines are almost never extended. Verify your situation.
Frequently Asked Questions
What does 'no-fault' mean after a NYC car accident?▼
New York's no-fault law (NY Insurance Law Art. 51) means your own auto insurer pays your initial medical bills and a portion of lost wages, up to $50,000 total, regardless of who caused the crash. You file form NF-2 with your own insurer within 30 days. This provides fast access to medical coverage but limits your ability to sue the at-fault driver for pain and suffering unless your injuries meet the serious injury threshold under § 5102(d).
Can I still sue after a NYC car accident even though New York is no-fault?▼
Yes, if your injuries meet the serious injury threshold under NY Insurance Law § 5102(d). The qualifying categories are death, dismemberment, significant disfigurement, bone fracture, loss of a fetus, permanent loss of use of a body organ, permanent consequential limitation, and significant limitation of a body function. A 2026 reform removed the 90/180-day category (a medically determined injury preventing substantially all usual daily activities for at least 90 of the first 180 days) for cases commenced on or after May 27, 2026; it may still apply to cases filed before that date. An attorney reviews your medical records and advises whether you qualify.
How long do I have to file a car accident lawsuit in New York?▼
3 years from the accident date under CPLR § 214. However, if a city, MTA, or government vehicle was involved, an NYC bus, NYPD vehicle, sanitation truck, etc., the deadline shrinks dramatically: you must file a Notice of Claim within 90 days and file the lawsuit within 1 year and 90 days. Courts almost never grant exceptions to government claim deadlines. Consult an attorney immediately if a government vehicle is involved.
What if I was partly at fault for the NYC accident?▼
It depends on your share of fault. A 2026 reform added a 50% bar for car accident cases under CPLR § 1411(b): for cases commenced on or after May 27, 2026, recovery is barred if your fault is greater than the other driver's. At 50% or less, you can still recover, reduced by your fault percentage. (Cases filed before that date follow NY's prior pure comparative rule, with no bar.) Adjusters try to inflate your fault percentage; strong liability documentation: NYPD report, CCTV footage, witness statements, protects your recovery.
How do I get a copy of my NYPD accident report?▼
NYPD collision reports taken after September 30, 2016 are available online at collisionreport.nypdonline.org, typically within 7 business days. For older reports, use NY DMV form MV-198C (available at dmv.ny.gov). If you've retained an attorney, they can expedite the request and also pull NYPD accident statistics for the specific intersection, useful for establishing a pattern of dangerous conditions.
What happens when my $50,000 PIP runs out?▼
Once PIP is exhausted, additional medical costs may be covered by your health insurance. Any remaining medical costs, and all pain and suffering damages, become part of your personal injury lawsuit against the at-fault driver, provided your injuries meet the serious injury threshold. Many serious NYC accident cases significantly exceed the $50,000 PIP cap, which is one key reason why qualifying to sue the at-fault driver matters.
How this was verified
Reviewed by: Not Yet Claimed · NY Bar #0000000 · Data as of: Jun 2026 · Next review: 2026-Q3.
What we did not verify: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] NY Insurance Law § 5102: Definition of Serious Injury ↗
- statute[2] CPLR § 214: Three-Year Statute of Limitations ↗
- statute[3] NY Insurance Law § 5106: NF-2 Filing Deadline ↗
- .gov[4] NYPD Motor Vehicle Collisions Data 2024 ↗
- statute[5] NY Gen. Mun. Law § 50-e: Notice of Claim ↗
- .gov[6] NYPD Collision Report Retrieval Portal ↗
This guide applies to New York law only and provides legal information, not legal advice. Laws change and apply differently to each situation. For advice about your case, talk to a licensed New York attorney.
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