New York · Car accident · Updated
Car accident cases in New York: the rules and the lawyers
The deadline to file, the fault rule and the other New York rules that matter for a car accident case, each with the law it comes from. This is general information, not advice about your case.
Below the rules: the firms we list in New York that take car accident cases, by city, in A–Z order.
At a glance
Checked 7 Nov 2026 · Not legal advice
Deadline to file
3 years
In New York, most injury lawsuits must be filed in court within three years1.
If you were partly at fault
Pure comparative
In New York, your share of the fault usually lowers what you can recover without stopping you from recovering. In some motor-vehicle (no-fault) cases started after the May 2026 change, you can’t recover if you were more at fault than the other side2.
Firms we list
1 firm
Firms with an office in New York that say they take car accident cases, in 1 city. See them by city
Know this first
Step 1: Three years to file in court
3 years(2 years 6 months for medical mistakes; 2 for a death)
In New York, most injury lawsuits must be filed in court within three years1. When the clock starts is decided by case law.
If someone died, a wrongful-death claim has two years, counted from the day of the death3. If a criminal case was brought against the same person for the death, the estate’s representative has at least one year after it ends3.
Some claims have other periods. The list of New York deadlines below gives the exceptions with the statute text.
The law, as written
Some claims have different or shorter deadlines. Ask any firm you call which one applies to you.
Personal injury3 years
In New York, an action to recover damages for a personal injury must be commenced within three years1.
More detail
The three-year period is subject to the exceptions CPLR 214(5) itself lists (sections 214-b, 214-c, 214-i and 215)1.
Wrongful death2 years from death
In New York, a wrongful-death action “must be commenced within two years after the decedent's death”3.
More detail
In New York, if a criminal action has been commenced against the same defendant for the same event, the personal representative has at least one year from the termination of the criminal action3.
If a city, county, school district or State agency was involved
Step 2: Claims against the state or a city: notice within 90 days
If you were hurt by a public vehicle, on public property, or by a public employee, a much shorter step comes first. To sue a city, county, town, village, fire district or school district, you must first serve a “notice of claim”4. It is due within 90 days after the claim arises5.
- What the notice saysIt must be in writing and sworn. It gives your name and address, what the claim is about, when, where and how it happened, and the injuries or damage so far5.
- Then the lawsuitYou must wait at least 30 days after the notice before suing. The lawsuit itself must start within one year and 90 days after what happened, or two years after a death4.
- If you missed the 90 daysYou can ask a court for more time, and the court decides. It looks closely at whether the city or other body knew the main facts early on. It can’t give more time than the deadline to sue5.
- Claims against the StateThese go to the Court of Claims. For an injury caused by a State employee’s carelessness, you must file the claim, or a written notice that you intend to, within 90 days. If you served that notice, the claim itself is due within two years6.
Find out early
If a bus, police car, city truck, sidewalk, public road or public building was part of what happened, ask a lawyer about the notice soon. Ninety days can pass quickly while you are recovering.
The law, as written
Claims against municipalities: notice of claim90 days
In New York, where a notice of claim is a condition precedent to a tort suit against a public corporation, it must be served “within ninety days after the claim arises”; in wrongful-death actions the 90 days run from the appointment of the estate representative5. The notice must be in writing, sworn, and state the claimant's name and address, the nature of the claim, the time, place and manner in which it arose, and the damages or injuries claimed so far as then practicable5.
More detail
In New York, a court may extend the time to serve a notice of claim, but not beyond the time limited for commencing the action; it must consider in particular whether the public corporation acquired actual knowledge of the essential facts within 90 days or a reasonable time after5.
Claims against municipalities: suit1 year 90 days
In New York, a personal-injury suit against a city, county, town, village, fire district or school district must be commenced “within one year and ninety days after the happening of the event upon which the claim is based,” and a wrongful-death suit within two years after the death4. The complaint must allege that at least 30 days (40 days if the notice was served through the Secretary of State) have elapsed since service of the notice of claim and that payment has been neglected or refused4.
Claims against the State90 days
In New York, a negligence claim against the State must be filed and served on the attorney general within 90 days after accrual, unless a written notice of intention to file a claim is served within that time, in which case the claim is due within two years after accrual6. For intentional torts of State officers or employees, the extended period after a notice of intention is one year6. A State wrongful-death claim is due within 90 days after the executor or administrator is appointed, or within two years after death if a notice of intention is served, and in any event within two years after death6.
Good to know
Step 3: If you were partly at fault
For most injuries, your own share of the fault “shall not bar recovery” (it doesn’t shut you out). Instead, your damages (the money for your harm) are cut by your share of the fault2. It is up to the other side to prove your share7.
- Damages the court finds
- $100,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 60%
- You recover $40,000
These numbers only show how the percentages work. They are not typical amounts. Car crash lawsuits started on or after May 26, 2026 may work differently (below)2.
Car crashes changed in 2026. In cases covered by New York’s no-fault car insurance law, you can’t recover if your fault is greater than the other side’s2. This applies to lawsuits started on or after May 26, 2026, when the law was signed8.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Comparative fault: general rulePure comparative
In New York, the claimant's culpable conduct, including contributory negligence or assumption of risk, “shall not bar recovery”; damages are reduced in proportion to the claimant's share of the culpable conduct2. In New York, the claimant's culpable conduct is an affirmative defense to be pleaded and proved by the party asserting it7.
Motor vehicle (no-fault) cases since May 2026Barred if more at fault than defendants
In New York, in a personal-injury action subject to Insurance Law article 51, the claimant's culpable conduct bars recovery “if the culpable conduct attributable to the claimant is greater than the culpable conduct of the person against whom recovery is sought or is greater than the combined culpable conduct of the persons against whom recovery is sought”2. This applies to actions commenced on or after the amendment took effect8, which was signed as chapter 58 on May 26, 20268.
Motor vehicle cases: serious-injury thresholdPain and suffering only for a serious injury
In New York, in a negligence action between covered persons arising from the use or operation of a motor vehicle in the state, there is “no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss”9. A “serious injury” includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system10. The trier of fact decides who was at fault before deciding whether the injury is serious9.
If you were hurt in a car crash, or hit while walking
Step 4: Car crashes: no-fault insurance pays first
New York uses no-fault car insurance. A car’s policy pays “first-party benefits” to people hurt through the use of that car, whoever caused the crash. That includes the people in it and people it hits who weren’t in another car or on a motorcycle11. A person on foot hit by an insured car is covered10.
- What it paysUp to $50,000 per person in total. That covers needed medical costs and lost pay up to $2,000 a month for up to three years. It also covers other needed costs up to $25 a day for up to one year10.
- What it takes off20% of the lost pay, some other benefits such as workers’ compensation, and any deductible10.
- How fast it paysPayment is late if it isn’t made within 30 days after you give proof of the loss. Late payments add interest of 2% a month12. If you disagree with the insurance company, you can choose arbitration12.
No-fault also limits suing the other driver. You can’t sue for pain and suffering unless the injury is a “serious injury”. You also can’t sue for the costs no-fault covers9. A serious injury includes death, a broken bone, losing a body part, major scarring, losing a pregnancy, and some lasting or major limits on how your body works10.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
The law, as written
No-fault (first-party) benefits
In New York, an owner's auto policy must pay first-party (no-fault) benefits to people, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation of that vehicle in New York11. A pedestrian injured through the use or operation of an insured motor vehicle is a “covered person”10. The benefits reimburse “basic economic loss” up to $50,000 per person: necessary medical and related expenses, lost earnings up to $2,000 a month for not more than three years, and other reasonable and necessary expenses up to $25 a day for not more than one year10, less 20% of lost earnings, certain other benefits such as workers' compensation, and any deductible10. Benefits are overdue if not paid within 30 days after the claimant supplies proof of the fact and amount of loss, and overdue payments bear interest at 2% a month12.
More detail
In New York, where more than one insurer may owe no-fault benefits and they do not agree which pays, the first insurer to whom notice of claim is given must pay12. The claimant may submit a dispute over no-fault benefits to arbitration12. An insurer may exclude a pedestrian struck by a motor vehicle the pedestrian owns that lacks the required coverage11.
If they were under 18
Step 5: If the injured person is a child
For most injury claims, a child has until three years after turning 18, so usually until their 21st birthday1314.
Medical-malpractice claims are different. The time until the child turns 18 is added to the two years and six months. But the lawsuit can’t start more than ten years after the claim arose13.
The 90-day notice to a city or other public body is a separate step. If it was missed, a court asked for more time can take into account that the injured person was a child5.
The law, as written
Minors (infancy tolling)Extended to 3 years after age 18
In New York, if the claimant is an infant when the claim accrues and the limitations period is three years or more, the time is extended to three years after the disability ceases (for most injury claims, until the 21st birthday); a period shorter than three years is extended by the period of the disability13. The extension may not run beyond ten years after accrual, except where the disability is infancy in an action other than for medical, dental or podiatric malpractice13.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a city, insurance company or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in New York, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice of claim need to go out, and by when?
More New York rules
This page keeps to the rules that matter most for a car accident case. The New York page has all of them.
Injured in New York: all deadlines and rules
Other case types in New York:
After a car accident: the general guide
Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.
Firms that take car accident cases in New York, by city
Cities A–Z. Each list is in A–Z order or by distance, never ranked.
How to check a lawyer’s license in New York
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take car accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- N.Y. C.P.L.R. 214“CPLR 214: The following actions must be commenced within three years: … CPLR 214(5): 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;”Read the source: N.Y. C.P.L.R. 214
- N.Y. C.P.L.R. 1411“(a) Except as provided in subsection (b) of this section, in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages. (b) In any action to recover damages for personal injury subject to article fifty-one of the insurance law, the culpable conduct attributable to the claimant shall bar recovery if the culpable conduct attributable to the claimant is greater than the culpable conduct of the person against whom recovery is sought or is greater than the combined culpable conduct of the persons against whom recovery is sought.”Read the source: N.Y. C.P.L.R. 1411
- N.Y. Est. Powers & Trusts Law § 5-4.1“EPTL 5-4.1(1): 1. … Such an action must be commenced within two years after the decedent's death; … EPTL 5-4.1(2): 2. Whenever it is shown that a criminal action has been commenced against the same defendant with respect to the event or occurrence from which a claim under this section arises, the personal representative of the decedent shall have at least one year from the termination of the criminal action as defined in section 1.20 of the criminal procedure law in which to maintain an action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.”Read the source: N.Y. Est. Powers & Trusts Law § 5-4.1
- N.Y. Gen. Mun. Law § 50-i“GML 50-i(1): 1. No action or special proceeding shall be prosecuted or maintained against a city, county, town, village, fire district or school district for personal injury, wrongful death or damage to real or personal property … unless, (a) a notice of claim shall have been made and served … in compliance with section fifty-e of this article, GML 50-i(1)(b): (b) it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice, or if service of the notice of claim is made by service upon the secretary of state pursuant to section fifty-three of this article, that at least forty days have elapsed since the service of such notice, and that adjustment or payment thereof has been neglected or refused, and GML 50-i(1)(c): (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based; except that wrongful death actions shall be commenced within two years after the happening of the death.”Read the source: N.Y. Gen. Mun. Law § 50-i
- N.Y. Gen. Mun. Law § 50-e“GML 50-e(1)(a): 1. … (a) In any case founded upon tort where a notice of claim is required by law as a condition precedent to the commencement of an action or special proceeding against a public corporation, as defined in the general construction law, or any officer, appointee or employee thereof, the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises; except that in wrongful death actions, the ninety days shall run from the appointment of a representative of the decedent's estate. GML 50-e(2): 2. Form of notice; contents. The notice shall be in writing, sworn to by or on behalf of the claimant, and shall set forth: (1) the name and post-office address of each claimant, and of his attorney, if any; (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable … GML 50-e(5): 5. Application for leave to serve a late notice. Upon application, the court, in its discretion, may extend the time to serve a notice of claim specified in paragraph (a) of subdivision one of this section … The extension shall not exceed the time limited for the commencement of an action by the claimant against the public corporation. In determining whether to grant the extension, the court shall consider, in particular, whether the public corporation or its attorney or its insurance carrier acquired actual knowledge of the essential facts constituting the claim within the time specified in subdivision one of this section or within a reasonable time thereafter. The court shall also consider all other relevant facts and circumstances, including: whether the claimant was an infant, or mentally or physically incapacitated, or died before the time limited for service of the notice of claim; …”Read the source: N.Y. Gen. Mun. Law § 50-e
- N.Y. Ct. Cl. Act § 10“CCA 10(2): 2. A claim by an executor or administrator of a decedent who left him or her surviving a husband, wife or next of kin, for damages for a wrongful act, neglect or default, on the part of the state by which the decedent's death was caused, shall be filed and served upon the attorney general within ninety days after the appointment of such executor or administrator, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within two years after the death of the decedent. In any event such claim shall be filed and served upon the attorney general within two years after the death of the decedent. CCA 10(3): 3. A claim to recover damages for injuries to property or for personal injuries caused by the negligence or unintentional tort of an officer or employee of the state while acting as such officer or employee, shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within two years after the accrual of such claim. CCA 10(3-b): 3-b. A claim to recover damages for injuries to property or for personal injuries caused by the intentional tort of an officer or employee of the state while acting as such officer or employee, … shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within one year after the accrual of such claim.”Read the source: N.Y. Ct. Cl. Act § 10
- N.Y. C.P.L.R. 1412“Culpable conduct claimed in diminution of damages, in accordance with section fourteen hundred eleven, shall be an affirmative defense to be pleaded and proved by the party asserting the defense.”Read the source: N.Y. C.P.L.R. 1412
- L. 2026, ch. 58, pt. EE (S. 9008-C / A. 10008-C)“Part EE, § 3. Section 1411 of the civil practice law and rules, as added by chapter 69 of the laws of 1975, is amended to read as follows: … (B) IN ANY ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY SUBJECT TO ARTICLE FIFTY-ONE OF THE INSURANCE LAW, THE CULPABLE CONDUCT ATTRIBUTABLE TO THE CLAIMANT SHALL BAR RECOVERY IF … Part EE, § 4. This act shall take effect immediately and shall be applicable to all actions and proceedings commenced on or after such date. Bill actions: May 26, 2026 signed chap.58”Read the source: L. 2026, ch. 58, pt. EE (S. 9008-C / A. 10008-C)
- N.Y. Ins. Law § 5104“Ins. Law 5104(a): (a) Notwithstanding any other law, in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss. … No liability for non-economic loss shall be fixed unless and until the trier of fact has determined the existence of a serious injury. In any action to recover non-economic loss pursuant to this article, the trier of fact shall not determine the question of whether an injury is a serious injury until the trier of fact has determined the party or parties at fault.”Read the source: N.Y. Ins. Law § 5104
- N.Y. Ins. Law § 5102“Ins. Law 5102(a): (a) "Basic economic loss" means, up to fifty thousand dollars per person of the following combined items, subject to the limitations of section five thousand one hundred eight of this article: (1) All necessary expenses incurred for: (i) medical, hospital …, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupational therapy and rehabilitation (provided that treatment is rendered pursuant to a referral); … and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury. … (2) Loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those that he would have performed for income, up to two thousand dollars per month for not more than three years from the date of the accident causing the injury. … (3) All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury. Ins. Law 5102(b): (b) "First party benefits" means payments to reimburse a person for basic economic loss on account of personal injury arising out of the use or operation of a motor vehicle, less: (1) Twenty percent of lost earnings computed pursuant to paragraph two of subsection (a) of this section. (2) Amounts recovered or recoverable on account of such injury under state or federal laws providing social security disability benefits, or workers' compensation benefits, or disability benefits under article nine of the workers' compensation law, or medicare benefits, … (3) Amounts deductible under the applicable insurance policy. Ins. Law 5102(d): (d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system. Ins. Law 5102(j): (j) "Covered person" means any pedestrian injured through the use or operation of, or any owner, operator or occupant of, a motor vehicle which has in effect the financial security required by article six or eight of the vehicle and traffic law or which is referred to in subdivision two of section three hundred twenty-one of such law; or any other person entitled to first party benefits.”Read the source: N.Y. Ins. Law § 5102
- N.Y. Ins. Law § 5103“Ins. Law 5103(a)(1): (a) Every owner's policy of liability insurance issued on a motor vehicle in satisfaction of the requirements of article six or eight of the vehicle and traffic law shall also provide for; … the payment of first party benefits to: (1) Persons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle. … Ins. Law 5103(b)(3)(v): (b) An insurer may exclude from coverage required by subsection (a) hereof a person who: … (3) Is injured while he is: … (v) a pedestrian, through being struck by any motor vehicle owned by such injured pedestrian with respect to which the coverage required by subsection (a) hereof is not in effect, …”Read the source: N.Y. Ins. Law § 5103
- N.Y. Ins. Law § 5106“Ins. Law 5106(a): (a) Payments of first party benefits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the amount which is supported by proof is overdue if not paid within thirty days after such proof is supplied. All overdue payments shall bear interest at the rate of two percent per month. … Ins. Law 5106(b): (b) Every insurer shall provide a claimant with the option of submitting any dispute involving the insurer's liability to pay first party benefits, or additional first party benefits, the amount thereof or any other matter which may arise pursuant to subsection (a) of this section to arbitration pursuant to simplified procedures to be promulgated or approved by the superintendent. … Ins. Law 5106(d)(1): (d) (1) … where there is reasonable belief more than one insurer would be the source of first party benefits, the insurers may agree among themselves, if there is a valid basis therefor, that one of them will accept and pay the claim initially. If there is no such agreement, then the first insurer to whom notice of claim is given shall be responsible for payment. …”Read the source: N.Y. Ins. Law § 5106
- N.Y. C.P.L.R. 208“(a) If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy.”Read the source: N.Y. C.P.L.R. 208
- N.Y. C.P.L.R. 105“(j) Infant, infancy. The word "infant", as used in this chapter, means a person who has not attained the age of eighteen years.”Read the source: N.Y. C.P.L.R. 105
- N.Y. C.P.L.R. 214-a“An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure; provided, however, that: (a) where the action is based upon the discovery of a foreign object in the body of the patient, the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; and (b) where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.”Read the source: N.Y. C.P.L.R. 214-a
This is general information, not legal advice.