New York Car Accident Laws | Accident Claim Map

At the scene and reporting a crash in New York

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: Before leaving, stop, show your license and insurance card, and give your name, address, insurer and policy details to the other party. If you damage property and the owner is not there, report it to the nearest police station as soon as you can. If anyone is hurt or killed, report to police right away.
Damage amount: $1,000
Report to the state: File a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if anyone is hurt or killed, or if damage to any one person's property (including your own) is over $1,000. Not filing is a misdemeanor. The DMV also has an online motorist report portal.
Deadline for your report: 10 days
Law: N.Y. Veh. & Traf. Law §§ 600, 605
Official text: Read the official text

First 24 hours after a crash in New York

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in New York

New York is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below.

System: No-fault
PIP, benefits and when you can sue: No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash. File a written no-fault claim within 30 days of the crash. You can sue another driver for pain and suffering only for a 'serious injury' (death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, or significant limitation of use), or for economic loss above the no-fault benefits. Damage to your car is still claimed from the driver who caused the crash.
Law: N.Y. Ins. Law §§ 5102, 5103, 5104
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in New York

Rule: Modified (51% bar) for injury; pure comparative for property
What it means: For injury claims: In New York, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). For property damage and other claims: In New York, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.
Law: CPLR § 1411(b), added by L.2026, ch. 58, Part EE: in a personal injury case covered by Insurance Law article 51 (car crashes), you are barred if your fault is greater than the other side's (combined); otherwise CPLR § 1411(a) reduces damages by your share. By its text, (b) covers personal injury only, so property damage and wrongful death claims stay pure comparative under (a). Applies to cases filed on or after May 26, 2026.

Compare every state's rule in the comparative negligence table.

Who pays in New York: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in New York

Liability minimum: 25/50/10 ($50,000/$100,000 if the injury causes death)
Uninsured / underinsured motorist (UM/UIM): Uninsured motorist coverage is required in every policy (protects you and your passengers if hit by an uninsured or hit-and-run driver). If there is no insurance at all, you may claim through MVAIC.
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in New York

Order crash reports online from the DMV with an NY.gov ID: $7 search fee plus $15 per report; you can download the PDF for 7 days. Reports reach the DMV system at least 14 days after the crash (electronic NYC police reports), 30 days (paper police reports) or 60 days (motorist reports). Reports of crashes with no injury and no property damage over $1,000 (and e-bike or e-scooter crashes) are not in the online system: use the DMV Record Request Navigator or mail form MV-198C. https://dmv.ny.gov/records/order-and-access-motor-vehicle-crash-accident-reports

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in New York

How fast insurers must act: N.Y. Ins. Law § 2601(a)(4): after receiving a properly executed proof of loss, the insurer must tell the claimant whether it accepts or denies the claim within 30 working days. For no-fault, DFS says the insurer must send the application within 5 business days of the notice of claim and pay within 30 days of receiving proof of the claim, unless it asks for more verification.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in New York

Driving without insurance is a traffic infraction: fine of $150-$1,500 and/or up to 15 days in jail, plus a civil penalty (VTL § 319). If you are hurt by an uninsured or hit-and-run driver, report the crash to police within 24 hours and file your no-fault claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), 110 William St., 19th Floor, New York, NY 10038, (646) 205-7800. In lawsuits filed on or after May 26, 2026, an injured person who is at fault (but not barred) and was driving uninsured (unless the lapse was under 30 days) can recover at most $100,000 for pain and suffering (Ins. Law § 5104(d)).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in New York

Property damage (your car): 3 years
Injury: 3 years
Notes, including claims against a government: Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i).
Law: CPLR § 214(4), (5)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in New York

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in New York

Small claims limit: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts.

New York small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in New York

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

New York State Department of Financial Services (DFS)

Free help in New York

Good to know in New York

You have only 30 days after the crash to file a written no-fault claim with the insurer (DFS).
You must file form MV-104 with the DMV within 10 days if there was injury or more than $1,000 damage to anyone's property; not filing is a misdemeanor (VTL § 605).
For lawsuits filed on or after May 26, 2026, a driver whose fault is greater than the other side's cannot recover for crash injuries (CPLR § 1411(b)).

Changes in 2024–2026

2026 motor vehicle tort reform: Chapter 58 of the Laws of 2026 (budget bill A.10008-C / S.9008-C), Part EE, signed May 26, 2026, took effect immediately and applies to all actions and proceedings commenced on or after May 26, 2026 (Part EE § 4). It: (1) added CPLR § 1411(b), barring an injured person whose fault is greater than the defendants' in car crash injury cases (51% bar); (2) removed the '90/180-day' category from the 'serious injury' definition in Ins. Law § 5102(d); (3) added Ins. Law § 5104(d), capping pain-and-suffering damages at $100,000 (except death cases) for an at-fault injured person who was driving uninsured (unless the lapse was under 30 days), was convicted of impaired driving, or was committing a felony and convicted of it; (4) requires fault to be decided before serious injury (§ 5104(a)). Separately, Chapter 55 of the Laws of 2026 (signed May 27, 2026) made arranging a staged crash a fraudulent insurance act (Part F, effective May 27, 2026) and, from Nov. 27, 2026, requires prior approval for auto rate increases (Part II).

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in New York

When do you have to report a car accident in New York?

Before leaving, stop, show your license and insurance card, and give your name, address, insurer and policy details to the other party. If you damage property and the owner is not there, report it to the nearest police station as soon as you can. If anyone is hurt or killed, report to police right away. File a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if anyone is hurt or killed, or if damage to any one person's property (including your own) is over $1,000. Not filing is a misdemeanor. The DMV also has an online motorist report portal.

Is New York a no-fault state?

Yes. New York is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash.

Can I get money if I was partly at fault in New York?

For injury claims: In New York, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). For property damage and other claims: In New York, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

What is the minimum car insurance in New York?

25/50/10 ($50,000/$100,000 if the injury causes death) Uninsured motorist coverage is required in every policy (protects you and your passengers if hit by an uninsured or hit-and-run driver).

How long do you have to sue after a car accident in New York?

3 years for property damage and 3 years for injury (CPLR § 214(4), (5)).

How do I get a police report in New York?

Order crash reports online from the DMV with an NY.gov ID: $7 search fee plus $15 per report; you can download the PDF for 7 days. Reports reach the DMV system at least 14 days after the crash (electronic NYC police reports), 30 days (paper police reports) or 60 days (motorist reports). Reports of crashes with no injury and no property damage over $1,000 (and e-bike or e-scooter crashes) are not in the online system: use the DMV Record Request Navigator or mail form MV-198C. https://dmv.ny.gov/records/order-and-access-motor-vehicle-crash-accident-reports

What if the other driver has no insurance in New York?

Driving without insurance is a traffic infraction: fine of $150-$1,500 and/or up to 15 days in jail, plus a civil penalty (VTL § 319). If you are hurt by an uninsured or hit-and-run driver, report the crash to police within 24 hours and file your no-fault claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), 110 William St., 19th Floor, New York, NY 10038, (646) 205-7800. In lawsuits filed on or after May 26, 2026, an injured person who is at fault (but not barred) and was driving uninsured (unless the lapse was under 30 days) can recover at most $100,000 for pain and suffering (Ins. Law § 5104(d)).

Where can I complain about a car insurance company in New York?

New York State Department of Financial Services (DFS): https://www.dfs.ny.gov/complaint

Sources

Last checked: Oct 24, 2026.

Car accidents in New York: what to do and who pays