New York Auto Accident Lawyer for No-Fault and Injury Claims

New York's no-fault system covers eligible medical expenses, part of lost earnings and some other necessary expenses without first proving who caused the crash. An occupant claims against the insurer of the vehicle they were in, and a pedestrian against the insurer of the vehicle that struck them; unknown or uninsured vehicles follow special household-policy and MVAIC rules. Basic coverage is an aggregate $50,000 of basic economic loss per person, not $50,000 for each type of expense (Insurance Law 5102(a)). It does not pay pain and suffering or vehicle damage. A claim for non-economic loss against the at-fault driver generally requires a serious injury under Insurance Law 5102(d). We open the no-fault claim and evaluate the liability claim at the same time.

Within the $50,000 basic economic-loss limit: necessary medical and rehabilitation expenses; 80% of lost earnings, up to $2,000 a month for up to three years; and up to $25 a day of other reasonable and necessary expenses for up to one year (Insurance Law 5102(a)). Some policies add optional coverage. Written notice is due within 30 days of the accident unless written proof gives a clear and reasonable justification for the delay, medical proof of claim within 45 days of treatment, and lost-earnings proof within 90 days (11 NYCRR 65-1.1). No-fault does not pay pain and suffering or car repairs.

You can sue the at-fault driver and owner for economic loss beyond basic no-fault benefits and for property damage. To recover non-economic loss such as pain and suffering, you generally need a serious injury under Insurance Law 5102(d). For actions commenced on or after May 26, 2026, the former 90/180 category no longer exists; the commencement date, not the accident date, controls. Meeting the threshold does not guarantee compensation; liability, evidence and available coverage matter. The deadline for most injury lawsuits is three years from the crash (CPLR 214(5)).

For actions commenced on or after May 26, 2026, the categories are 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; and significant limitation of use of a body function or system (Insurance Law 5102(d)). The former 90/180 category is historical context for actions commenced before that date. Proof depends on the category: imaging, specialist findings, measured limitations and medical opinion tying the injury to the crash.

There is no reliable figure based on an injury label, and we do not quote ranges. Depending on the claim, damages can include medical expenses and lost earnings beyond basic no-fault benefits, lost earning capacity, property damage and, with a serious injury, pain and suffering. For actions commenced on or after May 26, 2026, in personal-injury actions under the no-fault law, a claimant whose fault is greater than the defendants' is barred and otherwise damages are reduced by the claimant's share (CPLR 1411), and specified at-fault driving and conviction cases are subject to a $100,000 non-economic cap under Insurance Law 5104(d), with statutory exceptions including death. Available insurance often limits what can be collected. Our published results are listed on this page as records, not predictions.

Generally three years from the accident for a personal-injury lawsuit (CPLR 214(5)) and two years from death for wrongful death (EPTL 5-4.1). No-fault notice is due within 30 days unless the delay is justified in writing (11 NYCRR 65-1.1). Where a notice of claim is required against a public body, it is often due within 90 days, with a shorter lawsuit deadline; transit authorities have their own rules. Hit-and-run claims through MVAIC need a police report within 24 hours and an affidavit within 90 days (Insurance Law 5208). Have a lawyer calculate your dates.

You can file a no-fault claim yourself. A lawyer helps identify every policy that could pay, protects the deadlines, evaluates the serious-injury and fault questions, gathers medical and wage proof, deals with the insurers and files suit when needed. No lawyer can promise a particular result. We work on a contingency fee, so there is no fee unless there is a recovery, and the consultation is free. Call (516) 227-2662.

Call 911 so police respond and a report is made, and get medical care the same day if you can. Photograph the vehicles, plates, damage, the scene and your injuries, and get witness names. Exchange license and insurance information without arguing about fault. Note nearby cameras, because that video is often overwritten. Give written notice to the no-fault insurer within 30 days, keep every bill and wage record, and do not give a recorded statement to the other driver's insurer before talking to a lawyer.

It varies with the injuries, the treatment, whether fault is disputed and how many insurers are involved. A liability claim usually cannot be valued until the medical picture is clear; a case that needs a lawsuit then goes through discovery and court conferences. We do not recommend settling before future care and lost earnings can be estimated, and we do not promise a timetable.

No-fault benefits remain available to eligible people: for an occupant, through the insurer of the vehicle they were in; for an unknown or uninsured striking vehicle, generally through a household relative's policy or, if none, MVAIC. New York policies include uninsured-motorist coverage, which also applies to hit-and-run vehicles that cannot be identified and pays non-economic loss only for a serious injury (Insurance Law 3420(f)(1)). Optional SUM coverage can apply when the at-fault driver is underinsured, up to your policy limits (Insurance Law 3420(f)(2)). If no policy applies, MVAIC may be the source, subject to its eligibility rules (Insurance Law 5208). The vehicle owner is liable for a permissive driver (VTL 388), and an employer may be liable for an employee driving for work.