New York car accident claims

New York is a no-fault state. Your own PIP usually pays crash medical bills first. Suing the other driver is a different claim.

A crash is a negligence claim: duty, breach, cause, harm. The numbers below are the published New York rules, not a ruling on your facts.

Last checked Sep 16, 2026 · LawyerUnc editorial. Educational only, not legal advice.

How long you have to file

Ordinary injury claims in New York often run 3 years (N.Y. C.P.L.R. 214(5)). Tolling and discovery rules can change a date. Confirm the current statute.

If you share blame

A motor-vehicle injury case subject to Insurance Law Article 51, filed on or after May 26, 2026, can be barred if you are more at fault than the other driver, or more at fault than the other drivers combined. That is CPLR 1411(b). A slip in a store, a dog bite, or a product case is still pure comparative under 1411(a): sharing blame cuts the check, it does not zero it out.

No-fault vs the other driver

New York is a no-fault state. Your own policy generally pays crash medical bills and lost wages first, whoever caused it. A lawsuit against the other driver for pain and suffering usually needs a serious injury under the Insurance Law. That threshold is not the same thing as the more-at-fault bar in CPLR 1411(b), which can zero an Article 51 case filed on or after May 26, 2026. (N.Y. Ins. Law §§ 5102, 5104)

What usually matters

• · Ordinary injury is three years, not two. Do not borrow Florida's number.
• · A car-crash suit started on or after May 26, 2026 can hit a more-at-fault bar under CPLR 1411(b). A grocery-store fall is still pure comparative.
• · City and transit crashes can add notice-of-claim traps on top of the three-year clock.

What to save

Photos of the scene and the cars, the police report number, dashcam or store video, the other driver's insurance card, and your own medical visits in order. Do not post a joke about the crash. Use the preservation letter if a truck or a tape is about to disappear.