Auto Accident in NYC: What Are Your Rights?
If you were hurt in an auto accident in New York, two separate legal systems apply to your situation at the same time. Understanding how they interact can make a real difference in what you recover.
How New York’s No-Fault System Works After an Auto Accident
New York is a “no-fault” state. That means your own auto insurance — not the other driver’s — pays your initial medical bills and a portion of your lost wages, regardless of who caused the crash. This coverage is called Personal Injury Protection, or PIP.
Under New York Insurance Law § 5102, PIP covers up to $50,000 per person for medical expenses and 80 percent of lost earnings, up to $2,000 per month.
You have 30 days from the date of the accident to notify your insurer and 45 days to submit medical bills for reimbursement. Missing those deadlines can reduce or eliminate your no-fault benefits.
Red flag: If an insurance adjuster contacts you within days of the crash and asks you to give a recorded statement, you are not required to do so. Anything you say can be used to reduce your claim. Speak with an attorney before giving any recorded statement.
When Can You Sue the Other Driver?
No-fault insurance covers your immediate costs. It does not cover pain and suffering. To recover for pain and suffering — or for injuries beyond what PIP covers — you must meet a legal threshold called the “serious injury” threshold.
New York Insurance Law § 5104 defines serious injury to include fractures, significant disfigurement, permanent limitation of a body organ or member, and a medically determined injury that prevents you from performing substantially all daily activities for at least 90 out of the 180 days following the accident.
If your injuries meet that threshold, you can bring a personal injury claim against the at-fault driver. That claim can include compensation for pain and suffering, future medical costs, and lost earning capacity beyond what PIP covers.
New York follows a rule called “comparative negligence.” In plain terms: if you were partly responsible for the crash, your compensation is reduced by your share of fault. You can still recover even if you were partially at fault, as long as the other driver bears some responsibility too.
Auto Accidents Involving Commercial Vehicles and City Property
Not every auto accident in New York involves two private drivers. Some of the most serious crashes involve:
- City buses or MTA vehicles. Claims against a public authority like the MTA require a Notice of Claim filed within 90 days of the accident. Miss that deadline and your claim may be barred entirely.
- Rideshare vehicles (Uber, Lyft). New York law requires rideshare companies to carry significant liability coverage — up to $1.25 million when a passenger is in the vehicle.
- Commercial trucks. Federal and state regulations govern how trucking companies maintain their vehicles and train their drivers. Violations of those regulations can support a separate negligence claim against the company, not just the driver.
Red flag: Surveillance footage, black-box data from commercial trucks, and rideshare GPS records can disappear quickly. Preserving that evidence often requires a formal legal hold letter sent within days of the crash.
What to Do in the Days After an Auto Accident
The steps you take in the first week matter.
- See a doctor. Even if you feel minor pain, get evaluated. Gaps in medical treatment are one of the first things an insurance company uses to minimize your claim.
- Report the accident to your own insurer. You are required to do this under your policy, and delay can complicate your no-fault benefits.
- Keep records. Save every medical bill, every prescription, and every note your doctor gives you. Keep a simple log of how your injuries affect your daily life.
- Do not post about the accident on social media. Photos, comments, and check-ins have been used by defense attorneys to challenge injury claims.
- Talk to an attorney before you settle anything. Insurance companies may offer a quick settlement early on. Accepting it typically closes your claim permanently, even if your injuries turn out to be more serious than they first appeared.
What to Do Next
Amparo Law Firm PLLC concentrates its practice on personal injury cases in New York, including auto accidents, construction injuries, and premises liability. Bob Amirian reviews every potential case personally.
If you were hurt in an auto accident and want to understand what your options are, you can request a free case evaluation. There is no charge for that conversation and no obligation to proceed. Contacting us does not create an attorney-client relationship.
Call us, email us, or fill out the contact form on this site. We will respond within one business day.
All legal work performed by Bob Amirian, Esq., admitted in New York. Amparo Law Firm PLLC. Attorney advertising. Prior results do not guarantee a similar outcome.