Back to Practice Area: Personal Injury

New York Car Accident Lawyer

Reviewed by John F. Harwick, Managing Partner, Hacker Murphy LLP. Admitted in New York and in the U.S. District Courts for the Northern, Eastern, Western, and Southern Districts of New York. Last reviewed September 2026.

New York is a no-fault state, so your own insurer pays your first medical bills and lost wages no matter who caused the crash. You can only sue the at-fault driver for pain and suffering if your injury meets the serious injury threshold in Insurance Law § 5102(d). Proving that threshold is where most cases are won or lost.

Hacker Murphy represents injured drivers, passengers, pedestrians, and cyclists across New York State from offices in Albany, Troy, Schenectady, and Saratoga Springs. Call 518-274-5820 for a free consultation.

Can You Sue After a Car Accident in New York?

Yes, but only under a specific condition. Insurance Law § 5104(a) states there is no right of recovery for non-economic loss between covered persons “except in the case of a serious injury, or for basic economic loss.” In plain terms: no-fault handles the bills, and a lawsuit for pain and suffering is only available if your injury clears the threshold.

What no-fault actually pays

Insurance Law § 5102(a) defines basic economic loss as up to fifty thousand dollars per person. That covers medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug, and prosthetic services, plus psychiatric and physical therapy, and loss of earnings from work “up to two thousand dollars per month for not more than three years.”

Fifty thousand dollars sounds like a lot until you see an ambulance ride, an emergency room workup, an MRI, and a surgical consult. Serious crash victims exhaust basic economic loss quickly, and everything after that has to come from somewhere else.

What no-fault does not pay

No-fault pays nothing for pain and suffering, nothing for permanent scarring, and nothing for the loss of a normal life. It also stops at the statutory caps above. Those losses are recoverable only in a lawsuit against the at-fault driver, and only if the serious injury threshold is met.

What Counts as a Serious Injury Under New York Law

The threshold is not a judgment call, it is a list. Insurance Law § 5102(d) defines serious injury as a personal injury resulting in one of eight specific outcomes. If your injury fits one of them, you can sue for pain and suffering. If it does not, you cannot.

The eight categories are:

  1. Death
  2. Dismemberment
  3. Significant disfigurement
  4. A fracture
  5. Loss of a fetus
  6. Permanent loss of use of a body organ, member, function, or system
  7. Permanent consequential limitation of use of a body organ or member
  8. Significant limitation of use of a body function or system

Note category 4. A fracture is a serious injury as a matter of law. Many people with a broken wrist or a cracked rib are told by an adjuster that their case is “just a no-fault claim.” That is not what the statute says.

Categories 7 and 8 are where insurers fight hardest, because each turns on medical proof rather than an x-ray. Gaps in treatment, a missed follow-up, or a six-week break in physical therapy are the usual grounds for a defense motion to dismiss. Consistent documented treatment from the first week is the single most useful thing an injured person can do for their own case.

Deadlines That Can End a New York Car Accident Claim

Four separate clocks run after a New York crash, and they are not the same length. Missing the short ones can cost you coverage even when the lawsuit deadline is years away.

What Deadline Source
No-fault application (form NF-2) to your insurer 30 days from the crash 11 NYCRR § 65-1.1
Medical bills submitted as proof of claim 45 days from the date services are rendered 11 NYCRR § 65-1.1
Accident report to the DMV (form MV-104A) 10 days VTL § 605
Lawsuit against the at-fault driver 3 years from the crash CPLR § 214(5)

The 30-day no-fault notice is the one people miss. Under 11 NYCRR § 65-1.1, written notice of claim must reach the insurer within 30 days of the accident. Miss it without a justification for the delay and your own insurer can deny the benefits you paid premiums for.

The DMV report is a legal obligation, not a formality. Vehicle and Traffic Law § 605 requires every person operating a motor vehicle involved in a qualifying accident to report it within ten days after the accident if damage to any one person’s property exceeds $1,000, or if the accident involved personal injury or death. That report also creates an official record of the crash, which matters later.

The lawsuit deadline is three years. CPLR § 214(5) governs actions to recover damages for personal injury. A wrongful death claim runs on its own two-year clock from the date of death.

If a government vehicle was involved, everything compresses. Crashes involving a municipal bus, a county plow, a school district vehicle, or a state agency driver generally require a notice of claim within 90 days and a much shorter suit deadline. These cases need a lawyer in weeks, not years.

What Is My New York Car Accident Case Worth?

There is no average, and any figure presented as one should be treated with suspicion. New York does not publish settlement data, verdict reporters capture only tried cases, and a published “average” mixes a sprained neck with a paraplegia case. Value comes from the specifics.

What actually moves the number:

  • Which serious injury category applies. A fracture or a significant disfigurement is proved with a film or a photograph. A “significant limitation” is proved with months of consistent medical records, which costs time and effort to build.
  • Available insurance. The at-fault driver’s liability limits are often the practical ceiling. New York’s minimum bodily injury coverage is low, which is why underinsured motorist coverage on your own policy matters so much.
  • Medical documentation from week one. Treatment gaps are common arguments for adjusters and defense counsel on the threshold question.
  • Lost earnings past the no-fault cap. Everything above two thousand dollars a month, and everything past three years, has to be proved in the lawsuit.
  • Permanency. A treating physician’s opinion that a limitation is permanent changes the case more than almost any other single fact.
  • Your own share of fault, discussed below.

Any lawyer who quotes you a number before reviewing your medical records and the available policy limits is guessing.

If You Were Partly at Fault

New York changed its fault rule for car accident claims on May 26, 2026. For lawsuits filed on or after that date, you cannot recover if you are found more at fault than the driver or drivers you are suing. Below that line, your damages are reduced by your share of fault. A driver found 30 percent at fault recovers 70 percent of their damages. A driver found 51 percent at fault recovers nothing. Cases filed before May 26, 2026 still follow the older rule, which reduces but never bars recovery.

What to Do After a Car Accident in New York

  1. Call 911 and get checked out the same day. Adrenaline masks injury, and a gap between the crash and the first medical visit is the first thing a defense lawyer will point to.
  2. Report the crash to the DMV within ten days using form MV-104A if anyone was injured or killed, or if property damage exceeds one thousand dollars.
  3. File your no-fault application within 30 days. Ask your insurer for form NF-2 and send it in writing. Do not wait for them to prompt you.
  4. Photograph everything. Vehicle positions, damage, skid marks, the intersection, traffic controls, road conditions, and your visible injuries.
  5. Get names and numbers for every witness before the scene clears.
  6. Follow the treatment plan without gaps. Every missed appointment is evidence the defense will use on the threshold question.
  7. Do not give the other driver’s insurer a recorded statement and do not sign a medical authorization for them before you have talked to a lawyer.

Crashes We Handle

Hacker Murphy handles the full range of New York motor vehicle claims, including:

Injuries We See in Serious New York Crashes

The injuries that clear the serious injury threshold are also the ones that change a person’s life. Our lawyers handle claims involving:

Where New York Car Accident Cases Are Filed

A New York car accident lawsuit is typically filed in the Supreme Court of the county where the crash happened or where the plaintiff resides. Supreme Court is New York’s trial court of general jurisdiction, which confuses people who expect “supreme court” to mean the highest court. In New York the highest court is the Court of Appeals. Our four offices sit in Albany, Rensselaer, Schenectady, and Saratoga counties, and we handle claims across much of the state.

Car Accident Claims Across New York State

New York roads are getting safer, and the improvement is concentrated upstate. The New York State Department of Motor Vehicles reported on December 23, 2025 that traffic fatalities statewide “fell from 766 between January and October in 2024 to 681 during that same timeframe this year.” Upstate New York accounted for most of the drop, declining from 490 to 420. Motorcycle fatalities fell from 157 to 134.

Fewer fatal crashes does not mean fewer serious injury claims. It means more people are surviving crashes that would once have killed them, and surviving with the fractures, brain injuries, and permanent limitations that the serious injury threshold was written to cover.

We serve clients from every part of the state. In the Capital Region, our city pages cover:

A full list is on our areas we serve page.

Frequently Asked Questions About New York Car Accident Claims

Can you sue for a car accident in New York?

Only if your injury meets the serious injury threshold in Insurance Law § 5102(d). No-fault covers your medical bills and lost wages regardless of fault, but a lawsuit for pain and suffering requires one of the eight statutory categories, such as a fracture, significant disfigurement, or a permanent limitation of use.

How long after a car accident can you sue in New York?

Three years from the date of the crash under CPLR § 214(5). A wrongful death claim runs two years from the date of death. If a government entity was involved, a notice of claim is generally required within 90 days and the lawsuit deadline is much shorter.

Is it worth getting a lawyer after an accident in New York?

It depends on your injury. If your treatment ended in a few visits and your bills fit inside no-fault, you may not need one. If you have a fracture, ongoing treatment, lost income past the no-fault cap, or an insurer disputing your injury, the threshold fight is the case and it is not a do-it-yourself project.

What is the average settlement for a car accident in New York?

There is no meaningful average. New York does not publish settlement data, and any figure that mixes a soft-tissue claim with a catastrophic injury tells you nothing about your case. Value turns on which serious injury category applies, available insurance limits, medical documentation, and your share of fault.

What does no-fault insurance actually cover in New York?

Up to fifty thousand dollars per person in basic economic loss: medical and hospital care, ambulance, prescriptions, prosthetics, psychiatric and physical therapy, and lost earnings up to two thousand dollars per month for up to three years. It does not cover pain and suffering.

How long do I have to file a no-fault claim?

Thirty days from the accident. Under 11 NYCRR § 65-1.1, written notice of claim must reach your insurer within that window, and medical bills must be submitted within 45 days of the date services are rendered. Late notice without a justification can cost you the benefits entirely.

What if the other driver had no insurance?

Your own policy’s supplementary uninsured and underinsured motorist coverage, known as SUM coverage, can apply. Hit-and-run crashes may also qualify. These claims run against your own insurer, which has its own notice requirements, so they need attention quickly.

Can I still recover if the crash was partly my fault?

Yes, as long as you were not more at fault than the driver or drivers you are suing. For cases filed on or after May 26, 2026, New York bars recovery when the injured person’s share of fault is greater than the defendants’ combined share. Below that line, your award is reduced by your percentage of fault.

Do I have to report a car accident in New York?

Yes, if anyone was injured or killed, or if property damage to any one person exceeds one thousand dollars. Vehicle and Traffic Law § 605 requires the report within ten days using form MV-104A. Police at the scene filing their own report does not satisfy your separate obligation.

What does a car accident lawyer cost?

Hacker Murphy handles car accident cases on a contingency fee. There is no fee unless there is a recovery, and the consultation is free. Fee terms are set out in a written retainer agreement before any work begins.

Talk to a New York Car Accident Lawyer

The serious injury threshold is decided on medical records, and those records start being built the day of the crash. The sooner someone is documenting your injuries with the threshold in mind, the stronger your position when the insurer moves to dismiss.

Call 518-274-5820 or use our contact form. Consultations are free and we handle car accident cases on a contingency fee basis.

Hacker Murphy LLP

  • Troy: 64 2nd Street, Suite 101, Troy, NY 12180
  • Albany: 22 Corporate Woods Blvd., Suite 404, Albany, NY 12211
  • Schenectady: 670 Franklin Street, Suite 200, Schenectady, NY 12305
  • Saratoga Springs: 511 Broadway, Saratoga Springs, NY 12866

Phone: 518-274-5820

See our personal injury practice and case results.

Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is general information about New York law and is not legal advice. Reading this page or contacting Hacker Murphy LLP does not create an attorney-client relationship.