Levine & Slavit | April 1, 2026

If you were hurt in a New York City car accident, you are not alone—and you have options. Between congested avenues in Midtown, the FDR Drive, the BQE, and bridges connecting the five boroughs, crashes happen every day. Knowing your personal injury rights under New York law can help you protect your health, your finances, and your future. Levine & Slavit, PLLC represents injured victims across New York, guiding them through insurance claims and lawsuits with clear communication and focused advocacy.

First Steps After a Crash in New York City

Your actions in the hours and days after a collision can make a real difference in your claim:

  • Call 911 and get medical care immediately—even if symptoms seem minor. Many injuries surface later.
  • Wait for the police and obtain the report number; New York drivers generally must file an MV-104 with the New York State DMV within 10 days when a crash causes injury, death, or over $1,000 in property damage.
  • Exchange information and photograph vehicle positions, damage, skid marks, traffic signals, and street signs (e.g., Atlantic Ave, Queens Blvd).
  • Collect names and contact info for witnesses and note nearby cameras or businesses.
  • Notify your insurer promptly but avoid recorded statements until you’ve spoken with a lawyer.
  • Keep all bills, receipts, and a symptom diary.

For general state-level guidance, theNew York State DMV offers resources on accident reporting and licensing obligations.

How New York’s No-Fault Insurance Works

New York is a “no-fault” state for motor vehicle accidents. After most crashes, your own Personal Injury Protection (PIP) benefits cover reasonable and necessary medical expenses, a portion of lost wages, and certain out-of-pocket costs—regardless of who caused the collision.

  • Basic PIP generally provides up to $50,000 per person.
  • Lost wages are typically paid at 80% of your earnings, up to statutory monthly caps.
  • Out-of-pocket expenses (such as transportation to medical appointments) may be reimbursed up to statutory limits.

To preserve your no-fault benefits, you usually must file a no-fault application (NF-2) with the appropriate insurer within 30 days of the crash. Missing this deadline can jeopardize your benefits. Speak with a New York City personal injury attorney promptly to ensure the right carrier is notified, especially after hit-and-run or rideshare collisions.

When You Can Sue for Pain and Suffering in New York

No-fault benefits do not compensate pain and suffering. To bring a claim against the at-fault driver for non-economic damages, you must meet New York’s “serious injury” threshold under Insurance Law § 5102(d). Qualifying categories include:

  • Death, dismemberment, significant disfigurement, or fracture
  • Loss of a fetus
  • Permanent loss or consequential limitation of a body organ, member, function, or system
  • Significant limitation of use of a body function or system
  • 90/180 rule: a medically determined non-permanent injury that prevents you from performing substantially all usual activities for at least 90 of the 180 days following the accident

An attorney can coordinate with your physicians and experts to document these criteria with objective medical evidence—vital in NYC courts.

Critical Deadlines and Special NYC Considerations

  • Statute of limitations: In most New York motor vehicle negligence cases, you have three years from the date of the accident to file a lawsuit. Wrongful death actions are generally two years from the date of death.
  • Claims against public entities: If a city vehicle (e.g., NYPD, DSNY, NYC Transit/MTA bus) is involved, a Notice of Claim often must be served within 90 days, and a shorter time to sue may apply (commonly one year and 90 days). These rules are strict—seek counsel immediately.
  • Hit-and-run/uninsured: You may have recourse through your own uninsured/underinsured motorist coverage or, in limited circumstances, the Motor Vehicle Accident Indemnification Corporation (MVAIC). Prompt reporting is crucial.

Proving Fault and Maximizing Compensation

New York follows pure comparative negligence (CPLR § 1411), which means your recovery is reduced by your percentage of fault but not barred unless you are 100% responsible. Effective claims focus on evidence:

  • Police reports, body-worn camera footage, and 911 recordings
  • Traffic, bus, or business surveillance and dashcam video
  • Scene measurements, vehicle damage analyses, and expert accident reconstruction
  • Medical records linking injuries to the crash with objective findings (imaging, tests)

Many clients ask whether a police report decides fault. It does not; insurers and courts make independent determinations based on all available evidence. Learn more about what a police report means for fault in New York.

Damages in a lawsuit may include full medical costs, future care, lost earnings and earning capacity, and pain and suffering. In rare cases, punitive damages may be available for egregious conduct such as extreme intoxication.

Special Situations on NYC Roads

Commercial Trucks and Company Vehicles

Crashes on the Cross Bronx Expressway or the Gowanus often involve commercial trucks. Depending on the facts, you may pursue claims against both the driver and the trucking company for negligent operation, hiring, supervision, or maintenance. For deeper context, see our discussion on when you can sue the truck driver’s trucking company in NYC.

Rideshare, Taxis, and Delivery Services

New York City’s dense rideshare, yellow cab, and delivery fleets add insurance layers that differ based on whether the driver was on-app or carrying a passenger. Identifying the correct policy early helps preserve coverage.

Rental Cars and Out-of-State Drivers

Tourists and business travelers are common on the West Side Highway and near JFK or LaGuardia. Jurisdiction and policy coordination can be complex; timely notices and evidence collection are key to protecting your claim.

How a New York City Personal Injury Attorney Can Help

At Levine & Slavit, PLLC, we help injured victims by:

  • Coordinating no-fault benefits and ensuring applications are filed on time
  • Investigating liability using NYC-specific evidence sources and experts
  • Calculating present and future damages with medical and vocational specialists
  • Negotiating with insurers and litigating in New York City courts when necessary

We know the neighborhoods, the roadways, and the local rules—from Staten Island expressways to Midtown gridlock—and we tailor strategies to the realities of NYC claims practice.

Taking the Next Step After a New York City Car Accident

You deserve clear answers and a plan. Whether your injuries stem from a rear-end collision on Queens Boulevard, a sideswipe on the FDR, or a multi-vehicle pileup on the BQE, understanding your personal injury rights under New York law can help you move forward with confidence. For safety information and national crash trends, visit theNational Highway Traffic Safety Administration.

Ready to talk? Contact Levine & Slavit, PLLC for a free, no-obligation consultation with a New York City personal injury attorney who will put your case first.

212-687-2777 | Speak with a lawyer now. Prefer email? Use our secure form at our contact page. We serve clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.