What should I do after a car accident in New York?

New York operates a hybrid no-fault + tort system under the Comprehensive Motor Vehicle Insurance Reparations Act (Ins. Law Article 51).

1. Immediate Steps at the Scene

Stop, exchange information, and render aid (V&T Law § 600). Leaving the scene of an injury accident is a misdemeanor or felony.

Call 911 for any injury or significant damage.

Photograph everything and obtain contact info from witnesses.

2. Mandatory Reporting

Police: Required if anyone is injured/killed.

Form MV-104 (Report of Motor Vehicle Accident): Must be filed with DMV within 10 days if damage to any one person's property exceeds $1,000 (V&T Law § 605). Failure to file can suspend your license.

No-fault application (NF-2): Submit to your insurer within 30 days to preserve PIP benefits (11 NYCRR 65-1.1).

3. No-Fault Coverage

"Basic Economic Loss" of $50,000 per person under Ins. Law § 5102(a) covers medical expenses, 80% of lost wages (up to $2,000/month), and other necessary expenses — regardless of fault.

4. Minimum Liability Insurance

25/50/10 ($25,000 BI per person / $50,000 per accident / $10,000 property) plus $50K/$100K for wrongful death (V&T Law § 311; Ins. Law § 3420(f)).

5. Serious Injury Threshold

You may sue for pain and suffering only for a "serious injury" under Ins. Law § 5102(d): death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of use of an organ/member/function, permanent consequential limitation, significant limitation, or 90/180-day disability.

6. Pure Comparative Negligence

NY follows pure comparative negligence under CPLR § 1411 — recover even if 99% at fault, with damages reduced by your share.

7. Statute of Limitations

Personal injury: 3 years (CPLR § 214(5)).

Property damage: 3 years (CPLR § 214(4)).

Claims against NYC/State: Notice of Claim within 90 days, suit within 1 year & 90 days (Gen. Mun. Law § 50-e).

This is legal information, not legal advice.