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.
Pedestrians injured by vehicles in NYC have the same right to no-fault PIP benefits as vehicle occupants, even if they have no auto insurance of their own.
- PIP for pedestrians: File NF-2 within 30 days with the at-fault vehicle's insurer (not your own, since you don't have a car policy). If the vehicle is unidentified, file with MVAIC within 90 days.
- Serious injury threshold still applies to sue for pain and suffering
- Comparative fault: If a pedestrian was partly at fault (e.g., jaywalking), recovery is reduced by their fault share. A 2026 reform (CPLR § 1411(b)) bars recovery if the pedestrian's fault is greater than the driver's, for cases commenced on or after May 27, 2026; at 50% or less, recovery is reduced but not eliminated
- Vision Zero: NYC's traffic enforcement initiative targets speeding and failure-to-yield, police reports for pedestrian incidents often include Vision Zero citations that strengthen liability
Quick Answer — Source Index3§ 1 LAW◎ 2 GOVclaim-level sources
NY Insurance Law § 5102: Serious Injury / PIPNY Insurance Law § 5102: Serious Injury / PIP✓ Official (source-only)
NYC Vision Zero Annual Report 2024NYC Vision Zero Annual Report 2024✓ Official (source-only)
NYPD Traffic Statistics 2024NYPD Traffic Statistics 2024✓ 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 investigates pedestrian crashes with higher priority than standard collisions, and the report is essential.
- 2
Go to the emergency room the same day. Vehicle-vs-pedestrian impacts often cause internal injuries that are not immediately obvious.
- 3
If you are able, photograph the scene (crosswalk markings, signals, vehicle position, your injuries) and ask bystanders for contact information.
Do not
- ✕Refuse medical transport at the scene.
- ✕Assume jaywalking ends your claim. New York's comparative fault rule reduces recovery by your share of fault; it bars recovery only if your fault is greater than the driver's (a 2026 reform, for car cases commenced on or after May 27, 2026). At 50% or less, you can still recover.
First 72 hours
Report & preserve evidence
Pedestrians have full no-fault rights in New York even without owning a car, but the filing path is different and most victims get it wrong in the first month.
- File NF-2 with the at-fault vehicle's insurer, not your own, within 30 days. If the vehicle is unidentified, file with MVAIC within 90 days instead.
- Request any Vision Zero enforcement action tied to your incident. NYPD citations for speeding or failure-to-yield can establish negligence per se.
- NYC's camera network (red-light cameras, speed cameras, CCTV) is rich evidence; a preservation request in the first days protects it.
Why a pedestrian crash is different
Vehicle-vs-pedestrian cases sit at the severe end of New York injury claims, and the evidence landscape is unusually strong:
- PIP without a policy. Insurance Law § 5102 extends $50,000 of no-fault benefits to pedestrians; you claim against the at-fault vehicle's carrier.
- Severity usually meets the threshold. Unprotected impacts commonly qualify under the serious-injury categories, opening the pain-and-suffering track.
- Vision Zero documentation. NYPD enforcement reports and citations tied to your crash strengthen liability. Jaywalking reduces recovery by your fault share, and under a 2026 reform can bar it if your fault exceeds the driver's in cases commenced on or after May 27, 2026.
NYC pedestrian fatalities increased 18% in 2024. Tillary St & Flatbush Ave in Brooklyn is the most dangerous pedestrian intersection in New York State.
Brooklyn (53) and Queens (30) had the highest pedestrian fatality counts in 2024. The intersection of 2nd Ave and East 59th St in Manhattan sees up to 150 accidents per year.
Source: NYPD Traffic Statistics 2024 / NYC Vision Zero Annual Report
Legal detailsKey numbers for this case typePedestrian PIP rights, 2024 NYC fatality data, and New York filing deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| NYC pedestrian fatalities (2024) | 253 total traffic; 18% increase in pedestrian deaths | .gov ✓NYPD Traffic Statistics 2024(as of 2024) |
| NY PIP for pedestrians | $50,000, file NF-2 with at-fault vehicle's insurer | statuteNY Insurance Law § 5102 |
| NY statute of limitations | 3 years (CPLR § 214) | statuteCPLR § 214 |
First 2 weeks · before you sign
Protect the claim before you sign anything
- Keep every ER record, imaging report, and follow-up note. Documented over time, they are what establish a serious injury under § 5102(d), for example a permanent or significant limitation of use. (A 2026 reform removed the 90/180-day category for cases commenced on or after May 27, 2026.)
- Do not settle before your long-term prognosis is clear. Pedestrian injuries frequently worsen or require surgery months 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
Not knowing where to file the NF-2 as a pedestrian.
- 2
Assuming comparative fault from jaywalking eliminates the claim.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a verified local attorney
Pedestrian cases are high-severity and evidence-rich, and the NF-2 filing path trips up unrepresented victims. 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).
- 90 days to file with MVAIC if the vehicle that hit you was never identified (NY Insurance Law § 5218).
- Exceptions: deadlines for minors can be tolled under CPLR § 208, and government-claim deadlines are almost never extended. Verify your situation.
Frequently Asked Questions
Do I get no-fault benefits as a pedestrian in NYC if I don't have a car?▼
Yes. NY Insurance Law § 5102 extends PIP benefits to pedestrians injured by motor vehicles. You file NF-2 with the at-fault vehicle's auto insurer within 30 days, not your own (since you don't have a car policy). If the vehicle that hit you is unidentified, file with MVAIC within 90 days.
Can I sue for pain and suffering if I was jaywalking?▼
Possibly. Jaywalking reduces your recovery by the percentage you were at fault. If you were 30% at fault for jaywalking and the driver was 70% at fault for speeding, you recover 70% of your damages. A 2026 reform (CPLR § 1411(b)) bars recovery entirely if your fault is greater than the driver's, for cases commenced on or after May 27, 2026.
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: Serious Injury / PIP ↗
- .gov[2] NYC Vision Zero Annual Report 2024 ↗
- .gov[3] NYPD Traffic Statistics 2024 ↗
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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