A crash in New York City can wreck your body, your mind, and your money in one moment. You may face hospital bills, missed work, and calls from insurance adjusters who know the rules better than you. This blog explains how car accident claims work in New York City so you can protect yourself. You will learn how no fault rules shape your medical coverage. You will see when you can step outside no fault and sue for pain and suffering. You will understand what evidence matters, what deadlines apply, and what mistakes cost you money. You will also see how a firm like 24injurylaw may fit into your plan. New York law gives you rights. Insurance companies count on your confusion. You do not need to feel lost or powerless while you heal.
How No Fault Insurance Works In New York City
New York uses a no fault system for most car crashes. That means your own auto insurance pays your medical bills and some lost wages first, no matter who caused the crash.
Here is what no fault usually covers under New York law:
- Reasonable medical costs from the crash
- A part of your lost wages, up to set limits
- Some out of pocket costs, like travel to doctor visits
You must act fast. You usually need to file a no fault claim within 30 days of the crash. If you miss that deadline, the insurer can deny payment. You can read more about no fault rules on the New York State Department of Financial Services no fault page.
When You Can Sue For Pain And Suffering
No fault covers medical bills and some wages. It does not cover pain, fear, grief, or loss of quality of life. To claim those harms, you must meet New York’s “serious injury” threshold.
New York law lists types of serious injury. Some examples include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss or limit of a body organ or function
- A non permanent injury that keeps you from usual daily tasks for 90 days of the first 180 days after the crash
If you meet this standard, you may bring a claim against the at fault driver. That claim can seek pain and suffering, full lost wages, and other losses not paid under no fault.
Key Deadlines You Must Know
New York has time limits called statutes of limitation. If you miss them, you lose your right to sue.
Common New York City Car Crash Deadlines
| Type of claim or step | Typical deadline | Who you act against
|
|---|---|---|
| No fault benefit application | 30 days from crash | Your own insurer |
| Property damage claim | 3 years from crash | At fault driver or owner |
| Injury lawsuit against private person | 3 years from crash | At fault driver or owner |
| Wrongful death lawsuit | 2 years from date of death | At fault party |
| Claim against New York City or MTA | Notice of claim within 90 days, then lawsuit by 1 year and 90 days | City or public agency |
Shorter limits can apply for crashes with city buses, police cars, or other public vehicles. You can check time limits and court rules on the New York State Unified Court System website.
What Evidence You Should Gather
You protect your claim when you collect proof early. Memory fades. Camera footage vanishes. Insurance adjusters fill in gaps in ways that hurt you. Focus on three steps.
First, at the scene, if you can do so safely:
- Call 911 and ask for police and medical help
- Exchange names, phone numbers, and insurance details with all drivers
- Get names and contact details of any witnesses
- Take photos of all vehicles, license plates, street signs, skid marks, and visible injuries
Next, in the days after the crash:
- See a doctor right away, even if you feel “fine”
- Follow treatment plans and keep all appointments
- Save every bill, receipt, and medical record
- Write down how your pain and limits change each day
Then, protect your story:
- Do not post about the crash or your injuries on social media
- Do not give recorded statements to any insurer before you understand your rights
- Keep a list of every person or company that contacts you about the crash
How Insurance Companies May Try To Limit Your Claim
Insurance adjusters work to save money for their company. They may sound kind. Yet their job is to pay less.
Common tactics include:
- Calling very soon after the crash and pushing you to settle before you know the full harm
- Suggesting you “do not need a lawyer” and that the process is simple
- Using your own words from phone calls or social media to say your pain is low
- Blaming old injuries or health issues instead of the crash
- Questioning gaps in care or missed doctor visits
You do not need to accept the first offer. You also do not need to sign forms that give full access to your lifetime medical records unless the law requires it. You can ask for time to review any document and to seek legal guidance.
Steps You Can Take After A Crash In New York City
You can follow a simple plan. Think in three stages.
Right away:
- Get medical help
- Call the police
- Notify your own auto insurer of the crash
Within the first weeks:
- File your no fault application
- Keep all medical and work records
- Track costs like cabs, child care, and medical supplies
Over the next months:
- Stay in care and follow medical advice
- Review any settlement offers with care
- Consider speaking with a lawyer if injuries affect your work, family life, or future plans
When Legal Help May Make Sense
Some crashes are small. A parked car gets a dent. No one hurts. In those moments you may settle with the insurer on your own. Other crashes cut deeper and touch your health, your work, and your family.
Legal help may make sense if:
- You have broken bones, surgery, or long term pain
- You miss weeks or months of work
- The crash involved a pedestrian, cyclist, taxi, rideshare, bus, or truck
- Fault is unclear or more than one driver may share blame
- An insurer denies your claim or calls you partly at fault
You do not need to face this system alone. New York law gives you rights. When you understand no fault rules, serious injury standards, and strict deadlines, you stand on stronger ground. You can then decide what support you need to move your claim forward and protect your family.
