New York Motor Vehicle Accident? Get Paid What’s Fair

After a Crash: First Steps to Protect Yourself

• Call 911 to report the crash and get medical help. Police and medical records are foundational evidence.
• Exchange information and take photos or video of vehicles, the scene, and visible injuries.
• Seek prompt medical care even if symptoms seem minor; some injuries emerge over time.
• Notify your own auto insurer quickly; New York’s no-fault process starts with insurance notice.
• Avoid discussing fault at the scene and be cautious with insurers’ recorded statements.

How New York’s No-Fault (Personal Injury Protection) Works

New York is a no-fault state. Most injured occupants turn first to their own Personal Injury Protection (PIP) for reasonable and necessary medical expenses and certain economic losses, regardless of who caused the crash. Pedestrians struck by a motor vehicle typically seek no-fault benefits from the vehicle’s insurer. PIP is designed to pay promptly, but it does not compensate for pain and suffering. Coverage, notice, and documentation requirements apply (including a short window—often 30 days—to notify the insurer), and there are circumstances and exclusions that can affect eligibility. See the DFS No-Fault guide and Insurance Law § 5102.

When You Can Step Outside No-Fault

You may bring a claim against an at-fault driver for non-economic loss (pain and suffering) and for economic losses beyond basic economic loss if your injuries legally qualify as “serious.” New York defines “serious injury” to include categories such as death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, significant limitation, and the 90/180-day category. See Insurance Law § 5104 and § 5102(d). Evidence from treating providers, diagnostic imaging, and functional limitations can be critical to meeting this threshold.

Comparative Fault Can Affect Your Recovery

New York follows pure comparative negligence: if you share some responsibility, your damages may be reduced by your percentage of fault—but you can still recover the remaining share. See CPLR § 1411.

What Your Compensation May Include

• Medical expenses and rehabilitation
• Lost wages and diminished earning capacity
• Out-of-pocket costs related to the injury
• Pain and suffering and loss of enjoyment of life (in qualifying cases)
• Property damage to your vehicle and personal items

Dealing With Insurance Companies

Insurers evaluate and minimize risk. Adjusters may ask for broad medical authorizations or quick recorded statements. Provide accurate information, but do not speculate about fault or injuries. Before signing releases or accepting a settlement, consider having an attorney review the terms to ensure they reflect the full scope of your losses.

Evidence That Strengthens Your Claim

• Police accident report and any supplemental diagrams or photos
• EMS and hospital records, treating physician notes, diagnostic imaging
• Pay records, employer verification, and tax documents for lost income
• Repair estimates, total loss valuations, and diminished value opinions
• Witness statements, dashcam footage, vehicle event data, and site inspections
• A contemporaneous pain and treatment journal

Special Situations: Rideshare, Commercial Vehicles, and Hit-and-Run

• Rideshare (Uber/Lyft): Coverage layers may vary depending on the app status and applicable laws or regulations. See VTL § 1693.
• Commercial trucks and delivery vehicles: Additional federal and state regulations, multiple policies, and potential corporate defendants can be involved.
• Uninsured/Underinsured and hit-and-run: Your own UM/UIM and supplemental policies may provide important protection; in limited situations, statutory programs may also apply. See Insurance Law Article 52 (MVAIC).

Timelines and Notices

Deadlines are critical. PIP notice is generally due promptly (often within 30 days) to preserve no-fault benefits (DFS No-Fault guide). Most negligence suits for personal injury must be filed within three years (CPLR § 214(5)). Claims involving certain public entities may require a notice of claim within 90 days (GML § 50-e). Other limits and exceptions can apply, so get legal advice promptly.

How a Lawyer Can Help You Seek What’s Fair

An experienced New York motor vehicle accident attorney can investigate and preserve evidence; navigate PIP and additional coverage; coordinate medical documentation; calculate full damages; negotiate with insurers; and, when necessary, litigate to pursue a fair result.

What to Do Now

• Get the medical care you need and follow treatment plans.
• Keep all bills, receipts, and correspondence.
• Do not post details about the accident or injuries on social media.
• Consult a New York attorney early to understand your options and protect your rights.

Ready to talk? Contact us to discuss your situation: Request a free consultation.

FAQ

Do I have to use my own insurance after a New York crash?

Yes, in most cases PIP under New York’s no-fault system is primary for medical and certain economic losses regardless of fault.

Can I recover for pain and suffering?

Only if you meet New York’s serious injury threshold and pursue a claim against the at-fault party.

What if the other driver fled the scene?

Report it immediately. You may have UM coverage or, in limited cases, MVAIC benefits if statutory criteria are met.

How long do I have to file a lawsuit?

Generally three years for negligence-based personal injury, but shorter deadlines and notices can apply, especially for public entities.

Should I give a recorded statement to the other driver’s insurer?

Be cautious. Consider consulting counsel before giving statements or signing authorizations.

Sources

• New York State Department of Financial Services – No-Fault (PIP) Auto Insurance
• Insurance Law § 5102 – No-fault definitions and serious injury
• Insurance Law § 5104 – Causes of action; serious injury threshold
• CPLR § 1411 – Comparative negligence
• CPLR § 214(5) – Three-year statute of limitations for personal injury
• GML § 50-e – Notice of claim (90-day requirement)
• VTL § 1693 – Rideshare (TNC) insurance requirements
• Insurance Law § 5202 – MVAIC (Article 52) definitions

Disclaimer: This blog is for general information only, not legal advice, and does not create an attorney-client relationship. Laws and deadlines can change and may vary by situation; consult a New York attorney about your specific facts.