Car Accident Lawsuits in New York: How They Work

Who pays first after a crash?

New York is a no-fault state. Your own auto policy, or the policy of the vehicle you were in, pays your reasonable medical costs and part of your lost earnings regardless of who caused the collision. Those benefits are capped at basic economic loss, which Insurance Law §5102(a) sets at up to fifty thousand dollars per person. The no-fault claim has its own short deadline: the mandatory policy terms in 11 NYCRR §65-1.1 require written notice to the insurer within 30 days of the accident. For how benefits work, see New York no-fault insurance explained.

When can you sue the other driver?

Under Insurance Law §5104(a), one covered person cannot sue another for non-economic loss, meaning pain and suffering, unless there is a serious injury. You can also sue for economic loss that goes beyond basic economic loss, such as wages above the no-fault limits.

A serious injury under Insurance Law §5102(d) means 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. The 2026 state budget, L. 2026, ch. 58, Part EE, removed the old category for injuries that kept you from your usual activities for 90 of the first 180 days. That change applies to actions commenced on or after its effective date. The Court of Appeals explained in Licari v. Elliott (1982) that the threshold exists to keep minor injury cases out of court, and judges can dismiss a claim on a motion when the medical proof falls short. More on this in pain and suffering after a New York car accident.

Who can be sued?

The at-fault driver is the usual defendant. Under Vehicle and Traffic Law §388, the owner of a vehicle is also liable for the negligence of anyone driving it with the owner’s permission. Employers, commercial fleets and, in some cases, government agencies can be defendants too. Special situations include suing a taxi company in New York City, passenger injuries in an Uber and claims against a drunk driver. The full list is in who is liable for a New York car accident.

You sue the driver and owner, not their insurer. The insurer defends the case and pays within policy limits. Under Insurance Law §3420(a)(2), you can sue the insurer directly only if a judgment against its insured stays unpaid for 30 days after notice of entry is served.

What are the deadlines?

• Private driver or company: three years from the accident under CPLR §214(5).
• City, county, town or village vehicle: a notice of claim within 90 days after the claim arises under General Municipal Law §50-e, and a lawsuit within one year and 90 days under General Municipal Law §50-i. Some public authorities have their own versions; for example, Public Authorities Law §1212 applies the same notice and filing limits to the New York City Transit Authority.
• Wrongful death: two years from the date of death under EPTL §5-4.1.

Missing one of these dates usually ends the claim, whatever its merits.

What if you were partly at fault?

For most injury cases, CPLR §1411(a) keeps pure comparative fault: your share of blame reduces your damages but does not bar them. Car accident cases are now different. Under CPLR §1411(b), added by Part EE for actions commenced on or after May 26, 2026, a claimant in a motor vehicle case covered by the no-fault article recovers nothing if their fault is greater than the fault of the defendant, or of all defendants combined. If you are not barred, your award is still reduced by your percentage of fault. The same law caps non-economic damages at one hundred thousand dollars for an at-fault claimant who was driving uninsured, or was convicted of impaired driving or of a felony committed during the accident, except in death cases (Insurance Law §5104(d)).

Not wearing a seat belt is handled separately. In Spier v. Barker (1974), the Court of Appeals held that failing to buckle up is not a bar to recovery, but a jury may reduce damages for injuries the belt would have prevented. Vehicle and Traffic Law §1229-c(8) codifies this: non-use is not admissible on liability, but may be used to reduce damages if the defendant pleads it as an affirmative defense.

What are the steps of a case?

• Claims and investigation. The no-fault claim is filed, the police report, photos and medical records are gathered, and the at-fault driver’s insurer is put on notice.
• Negotiation. Many claims are discussed with the liability insurer before any suit is filed.
• Filing suit. Injury cases are usually filed in New York State Supreme Court, in a county where a party lives or where a substantial part of the events happened under CPLR §503(a).
• Bill of particulars. Under CPLR §3043, you state your injuries and, in a motor vehicle case, whether you claim a serious injury or economic loss above basic economic loss.
• Discovery. Both sides exchange records and take depositions. The defense can require a physical examination by its own doctor under CPLR §3121, often called an IME.
• The threshold motion. Defendants commonly move for summary judgment arguing the injury is not serious. Your medical proof has to answer it.
• Settlement or trial. Most cases resolve by agreement, but some go to a jury. Under amended Insurance Law §5104(a), the jury decides fault before it decides whether the injury is serious.

For the general process outside car cases, see how a New York personal injury lawsuit works or the overview of New York personal injury case types.

When does a lawyer help?

The threshold, the new fault bar and the government notice rules all reward early, careful work on medical documentation and evidence. A minor injury fully covered by no-fault may not need a lawyer; a fracture, surgery, a disputed fault picture or a public vehicle usually does. See do you need a lawyer after a New York car accident. Banville Law reviews these claims and refers or co-counsels them with trial counsel where a case calls for it.

Frequently asked questions