New York State Guide
New York Car Accident Claims:
No-Fault Rules,
Settlements & Deadlines
Reviewed by: ClaimCheckUSA Legal TeamLast updated: March 26, 2026Reading time: 8 min
Statute of limitations
3 years (personal injury)
No-fault state?
Yes — mandatory PIP
Minimum liability coverage
$25,000 / $50,000 / $10,000
Comparative fault rule
Pure comparative negligence
Serious injury threshold
Must meet to sue outside no-fault
Average settlement
$52,000 – $340,000
New York's No-Fault Insurance System
New York is one of 12 no-fault states in the US. Under New York's no-fault system, your own Personal Injury Protection (PIP) insurance — minimum $50,000 — pays your medical bills and 80% of lost wages (up to $2,000/month) regardless of who caused the accident. This applies to all occupants of your vehicle and pedestrians struck by your vehicle.
The trade-off is that you generally cannot sue the at-fault driver for pain and suffering unless your injuries meet New York's serious injury threshold under Insurance Law §5102(d).
New York's Serious Injury Threshold
To sue the at-fault driver for pain and suffering in New York, your injury must qualify as a "serious injury" under state law. Qualifying injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a foetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence
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Check My EligibilityFrequently Asked Questions
Is New York a no-fault state for car accidents?
Yes. New York is a no-fault state, meaning your own Personal Injury Protection (PIP) insurance pays your medical bills and lost wages regardless of who caused the accident. However, you can step outside the no-fault system and sue the at-fault driver if your injuries meet New York's 'serious injury' threshold.
What is New York's 'serious injury' threshold?
To sue outside the no-fault system in New York, your injuries must meet the serious injury threshold defined in Insurance Law §5102(d). This includes death, dismemberment, fracture, significant disfigurement, permanent loss of use of a body organ, or a medically-determined injury preventing normal activities for 90 of the first 180 days after the accident.
How long do I have to file a car accident lawsuit in New York?
The statute of limitations for personal injury claims in New York is 3 years from the date of the accident. For wrongful death claims, it is 2 years from the date of death. Claims against government entities (e.g. NYC) require a Notice of Claim within 90 days.
What if I was partially at fault for the accident in New York?
New York follows pure comparative negligence. This means you can recover damages even if you were 99% at fault — but your recovery is reduced by your percentage of fault. For example, if you were 30% at fault and your damages are $100,000, you recover $70,000.
How much is a car accident settlement worth in New York?
New York car accident settlements range from $15,000 for minor injuries to over $1 million for catastrophic injuries. The average settlement is $52,000–$340,000. New York City cases tend to be higher due to higher medical costs and jury verdicts. Serious injury cases (fractures, spinal injuries, TBI) command the highest settlements.
What is New York's minimum car insurance requirement?
New York requires minimum liability coverage of $25,000 per person / $50,000 per accident for bodily injury, and $10,000 for property damage. New York also requires $50,000 in PIP coverage and $25,000/$50,000 in uninsured motorist coverage.