Hit by a Car in NYC? Timeline to File Your Injury Claim

Why Your Filing Timeline Matters

Acting promptly after a pedestrian or cyclist crash in NYC can determine whether you preserve insurance benefits and your right to sue. Different rules apply to no-fault benefits, bodily injury lawsuits, uninsured/underinsured motorist claims, and claims against public entities. Missing a notice or filing deadline can lead to dismissal, even if liability is clear.

Immediate Steps After a NYC Pedestrian or Cyclist Crash

• Call 911 and seek medical care; your records connect the accident to your injuries.
• Report the crash to police and obtain the report number.
• Exchange information and preserve evidence: scene photos, vehicle plate, driver’s insurance, witness contacts, and any dashcam or building camera footage.
• Notify your own auto insurer promptly if you have a New York policy; no-fault benefits may be available even if you were a pedestrian or cyclist.
• If a public vehicle (city agency, MTA/NYCTA bus) was involved, note the agency and bus route or vehicle number.

No-Fault (PIP) Benefits in New York

New York is a no-fault state for motor vehicle accidents. Persons injured by the use or operation of a motor vehicle—including pedestrians and bicyclists—may qualify for first-party no-fault benefits, typically through the striking vehicle’s insurer or, in some cases, their own policy. See Insurance Law § 5103.

No-fault benefits can cover medical expenses and a portion of lost wages, subject to policy limits and rules. Written notice and claim submission are time-sensitive; the no-fault application is generally due within 30 days of the accident unless there is a reasonable justification for delay. See 11 NYCRR Part 65 (Regulation 68). Respond promptly to insurer forms and keep copies.

Lawsuits Against Private Drivers and Owners

Beyond no-fault, you may pursue a bodily injury claim against a negligent driver or vehicle owner if you meet New York’s serious injury threshold to recover non-economic damages. See Insurance Law § 5102(d) and § 5104(a). Most negligence-based personal injury suits against private defendants must be commenced within three years of the accident. See CPLR § 214(5).

Claims Involving Public Entities (City, MTA/NYCTA, Transit Authorities)

Special notice and timing rules apply when a city agency or public authority vehicle is involved. In many cases you must:

• Serve a Notice of Claim within 90 days of the incident. See GML § 50-e.
• Appear for a pre-suit examination (a 50-h hearing). See GML § 50-h.
• Commence suit within one year and 90 days of the event (for many municipal tort claims). See GML § 50-i.

Similar timelines apply to many transit authorities: Public Authorities Law § 1276(1) (MTA) and § 1212(2) (NYCTA) require a 90-day notice and set a one year and 90 days limitations period, along with other procedural prerequisites. These rules are strictly enforced and vary by entity—consult counsel immediately if a public vehicle may be involved.

Uninsured/Underinsured Motorist (UM/UIM) Claims

If the driver fled or lacked adequate insurance, you may seek benefits under your UM or SUM/UIM coverage. New York requires UM coverage, and policy conditions govern notice and procedures. See Insurance Law § 3420(f)(1). Promptly notify your insurer and review your policy for specific deadlines (for example, notice provisions, examinations under oath, and medical authorization requirements).

Special Considerations for Minors and Wrongful Death

• Wrongful death: Generally must be filed within two years of death by a duly appointed personal representative. See EPTL § 5-4.1.
• Infancy tolling: Certain limitation periods may be tolled for minors. See CPLR § 208. However, municipal notice-of-claim requirements are not automatically tolled; courts may, in limited circumstances, permit a late notice. See GML § 50-e (including subdivision (5)).

Practical Tips to Protect Your Claim

• Request and save all medical discharge instructions and prescriptions.
• Ask nearby businesses for camera footage within days before it is overwritten.
• Keep a simple pain and treatment journal to track how injuries affect daily life.
• Do not post accident details on social media; insurers may review public posts.
• Consult a New York injury attorney early to identify all deadlines and coverage.

Evidence and Documentation Checklist

• Police report number and precinct
• Medical records and billing codes (ER, urgent care, specialists, therapy)
• Photos/video of the scene, vehicle, and injuries
• Witness names and contact info
• Insurance information for all involved vehicles
• Employment records for lost wage claims
• Any correspondence or forms from insurers or public entities

FAQ

What if I miss the 30-day no-fault application deadline?

Insurers can deny benefits for late notice unless you show a reasonable justification. File as soon as possible and provide documentation explaining any delay.

Do I have to meet the serious injury threshold to sue?

Yes, to recover non-economic damages against a private driver you generally must meet New York’s serious injury threshold under Insurance Law § 5102(d).

Who do I file no-fault with if I was a pedestrian?

Usually the striking vehicle’s insurer. If unknown or uninsured, your own policy or the Motor Vehicle Accident Indemnification Corporation may apply, depending on facts.

Are municipal deadlines tolled for minors?

Not automatically. Courts may allow a late notice in limited circumstances, but you should act promptly to protect the claim.

How soon should I call a lawyer?

Immediately. Early counsel helps preserve evidence and meet the 30-day, 90-day, and one year and 90 days benchmarks where applicable.

How an Attorney Can Help

A NYC injury attorney can identify the correct defendants, verify whether a public entity is involved, preserve video evidence before it is overwritten, ensure timely notices are served, coordinate no-fault and health insurance, and file suit within the applicable limitations period. Early legal help often prevents missed deadlines and strengthens your case.

Take Action Now

Because New York accident timelines vary by claim type and parties involved, do not wait to get guidance. Contact our New York personal injury team to review your facts, confirm which deadlines apply, and preserve your rights.

References

• N.Y. Insurance Law § 5103; 11 NYCRR Part 65 (Reg. 68)
• N.Y. Insurance Law § 5102(d); § 5104(a)
• CPLR § 214(5)
• GML § 50-e; § 50-h; § 50-i
• Public Authorities Law § 1276(1); § 1212(2)
• EPTL § 5-4.1; CPLR § 208
• Insurance Law § 3420(f)(1)

Disclaimer (New York): This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and procedures can change and may depend on your specific facts—consult a New York attorney about your situation.