A car crash in New York runs on two tracks at once. Your own insurance pays your early medical bills and lost wages through No-Fault, regardless of who caused the crash — and a separate claim against the at-fault driver may be available, but only if your injury clears New York's "serious injury" threshold. Understanding both tracks early is what keeps a good claim from quietly falling apart.
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How New York law applies
- No-Fault (PIP) comes first. Under New York Insurance Law, your own auto policy pays up to $50,000 in "basic economic loss" — medical care, up to $2,000/month in lost earnings for up to three years, and other necessary expenses — no matter who was at fault. The No-Fault application is generally due within 30 days of the crash.
- You can sue for pain and suffering only if you meet the threshold. Insurance Law § 5102(d) lists nine categories of "serious injury," including a fracture, significant disfigurement, a permanent or significant limitation of a body part, or being unable to perform your usual activities for at least 90 of the 180 days after the crash.
- New York is a pure comparative-fault state. Even if you were partly at fault, you can still recover — your compensation is reduced by your share of responsibility, not eliminated.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The other driver (and, often, the owner of the vehicle)
- An employer, if the at-fault driver was working
- A municipality or contractor for a dangerous road or defective signal
- A vehicle or parts manufacturer in a defect case
- Your own Uninsured/Underinsured Motorist coverage if the at-fault driver had little or no insurance
Deadlines that matter
Most New York injury lawsuits must be filed within three years of the crash. But if a city bus, the MTA, or another public entity was involved, a Notice of Claim is generally due within 90 days and suit within one year and 90 days. Evidence fades fast, so earlier is always stronger.
What to do now
- Get checked by a doctor right away, even if you feel "okay" — adrenaline hides injuries, and a gap in treatment is the first thing an insurer attacks.
- Open a No-Fault claim with your own auto insurer promptly; the application is generally due within 30 days of the crash.
- Photograph the vehicles, the street, traffic signals, and your injuries, and write down the police report number.
- Get names and numbers for every driver, passenger, and witness before anyone leaves.
- Keep a short daily note of pain, missed work, and out-of-pocket costs.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Giving the other driver's insurer a recorded statement, or accepting a quick settlement, before you know what your claim is worth — early offers are usually low and final.
- Posting about the crash, your injuries, or your activities on social media.
- Letting treatment lapse; insurers read missed appointments as proof you weren't really hurt.
- Assuming you can't be helped because you have no health insurance — No-Fault may cover your bills.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- The nature and permanence of your injuries
- The quality of the medical record connecting the crash to the harm
- Lost wages and reduced earning capacity
- Whether you meet the serious-injury threshold
- How much liability insurance is available
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
Do I have to use my own insurance even though the crash wasn't my fault?
Yes — that's how No-Fault works in New York. Your own policy pays your initial medical bills and lost wages regardless of fault. A claim against the at-fault driver is separate and addresses pain and suffering if you meet the serious-injury threshold.
The other insurer offered me money already. Should I take it?
Be careful. Early offers usually come before the full extent of an injury is known, and accepting one typically ends your claim for good. It costs nothing to have the offer reviewed first.
What if the other driver had no insurance?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage may step in. This is one reason it's worth having your own policy reviewed after a serious crash.
How long do I have to sue?
Generally three years from the date of the crash for a private driver — but only about 90 days to file a Notice of Claim if a city bus, the MTA, or another public entity was involved.