By Serdar Arslan, editor · Last reviewed · How we research
New York changed its fault rule for car crash injury suits in 2026. For lawsuits covered by the no-fault law and filed on or after May 27, 2026, you recover nothing if your fault is greater than that of the person you sue, or of all defendants combined. Property damage and wrongful death claims still follow pure comparative fault.
New York is a no-fault state with $50,000 in personal injury protection per person, and suing for pain and suffering generally requires a 'serious injury' as defined in Insurance Law § 5102(d). Every driver involved must file form MV-104 with the DMV within 10 days if the crash caused death, injury or more than $1,000 in damage to one person's property; late filing is a misdemeanor. Before suing a city, county, town or village, a notice of claim is generally due within 90 days, and suit within 1 year and 90 days. Otherwise, injury and vehicle damage claims have 3 years, wrongful death 2. New York had 1,101 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from the date of injury Source: N.Y. C.P.L.R. § 214(5) |
|---|---|
| Property damage deadline | Generally 3 years for damage to property such as your vehicle Source: N.Y. C.P.L.R. § 214(4) |
| Wrongful death deadline | Generally 2 years from the date of death |
| Claims against a government entity | Before suing a city, county, town, village or other public corporation, you generally must serve a written notice of claim within 90 days after the claim arises. A court may allow a late notice in some cases. The lawsuit itself generally must be started within 1 year and 90 days. Claims against the State of New York go to the Court of Claims and follow separate rules. |
| Fault rule | Modified comparative fault (51% bar): For car accident injury lawsuits covered by New York's no-fault law and filed on or after May 27, 2026, you recover nothing if your fault is greater than the fault of the person you sue (or of all defendants combined); otherwise your damages are reduced by your share. Other claims, such as property damage and wrongful death, still follow pure comparative fault. |
| Insurance system | No-fault · $50,000 in no-fault (personal injury protection) coverage per person is required. It pays medical bills, lost earnings and some other costs no matter who caused the crash. To sue for pain and suffering, you generally must have a 'serious injury' as defined in Insurance Law § 5102(d). |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $10,000 property damage |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on damages in car accident cases. |
| Reporting a crash | Every driver involved must file a Report of Motor Vehicle Accident (form MV-104) with the DMV within 10 days if the crash caused a death, an injury, or more than $1,000 in damage to any one person's property. Late filing is a misdemeanor and can lead to a license or registration suspension. |
Getting your crash report in New York
Order a crash report from the DMV online ($7 search fee plus $15 per report), through the DMV Records Request Navigator ($10 search plus $15 per report), or by mail with form MV-198C. Crashes with no injury and under $1,000 in damage must be requested through the Navigator or by mail. You can also ask the police agency that responded. Official request page
Checking a New York lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: New York State Unified Court System – Attorney Online Services (attorney registration search)
- Lawyer referral: New York State Bar Association Lawyer Referral Service · 518-463-3200
1,101 people died in motor vehicle crashes in New York in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›What changed in New York's fault rule in 2026?
For car accident injury lawsuits covered by the no-fault law and filed on or after May 27, 2026, you recover nothing if your fault is greater than the fault of the person you sue, or of all defendants combined (CPLR § 1411(b)). Otherwise your damages are reduced by your share. Property damage and wrongful death claims still follow pure comparative fault.
›What does 'serious injury' mean in New York?
It is the threshold you must meet to sue for pain and suffering in New York's no-fault system. The term is defined in Insurance Law § 5102(d). Below that threshold, your $50,000 in no-fault coverage pays medical bills, lost earnings and some other costs.
›Do I have to file an MV-104 if the police came?
Yes. Every driver involved must file form MV-104 with the DMV within 10 days if the crash caused a death, an injury, or more than $1,000 in damage to any one person's property (N.Y. Veh. & Traf. Law § 605). Late filing is a misdemeanor and can lead to a license or registration suspension.
›How long do I have to sue a New York City agency after a crash?
You generally must serve a written notice of claim within 90 days after the claim arises, and start the lawsuit within 1 year and 90 days (N.Y. Gen. Mun. Law §§ 50-e(1)(a), 50-i). A court may allow late notice in some cases. Claims against the State go to the Court of Claims.
›What is the regular deadline to sue another driver?
Generally 3 years from the date of injury for personal injury (CPLR § 214(5)) and 3 years for vehicle damage (§ 214(4)). Wrongful death claims generally have 2 years from the date of death (Est. Powers & Trusts Law § 5-4.1).
Sources
- NY CPLR § 214 (NY Senate)
- NY CPLR § 1411 (NY Senate)
- NY EPTL § 5-4.1 (NY Senate)
- NY General Municipal Law § 50-e (NY Senate)
- NY DFS – What auto coverages do I need?
- NY DMV – Form MV-104 Report of Motor Vehicle Accident
- NY DMV – Order and access crash reports
- NY Courts – Attorney Online Services
- NYSBA Lawyer Referral Service
- IIHS – Fatality statistics, state by state