Car Accidents in New York: why without making the page read like a template, tow-yard paperwork, and the steps readers tend to miss at the start shape the opening strategy

New York is a no-fault insurance state under the Comprehensive Motor Vehicle Insurance Reparations Act (NY Ins. Law §§ 5101–5109). All vehicles registered in New York must carry Personal Injury Protection (PIP) coverage of at least $50,000 per person. When an accident occurs, regardless of fault, each injured person's own insurance company pays their medical bills and 80% of lost wages (up to $2,000/month) up to $50,000 without litigation. This system was designed to reduce court congestion and ensure prompt medical treatment.

The Serious Injury Threshold

New York's no-fault system comes with a critical limitation: accident victims cannot sue the at-fault driver for pain and suffering (non-economic damages) unless their injuries meet one of the "serious injury" categories defined in Insurance Law § 5102(d). The categories are:

• Death
• Dismemberment
• Significant disfigurement
• 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
• Significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment (the "90/180 day" category)

The "fracture" category is straightforward. The "permanent consequential limitation" and "significant limitation" categories require medical documentation and expert evidence — courts have dismissed thousands of New York cases where plaintiff's medical evidence failed to objectively quantify the limitation. The 90/180-day category requires that the injury prevented substantially all daily activities for 90 of the first 180 days — not just some activities, but substantially all of them.

Pure Comparative Fault Under CPLR § 1411

New York follows pure comparative fault (CPLR § 1411): any plaintiff's recovery is reduced by their percentage of fault, but there is no threshold at which a plaintiff is barred entirely. A plaintiff who is 80% at fault for their own accident still recovers 20% of their damages. This rule — adopted in New York in Arbegast v. Board of Education (1985) line of cases following statutory reform — differs from modified comparative fault states (like Texas or Florida after HB 837) where a plaintiff above 50% or 51% at fault recovers nothing.

Dram Shop Liability in New York

New York's Dram Shop Act (General Obligations Law § 11-101) creates liability for commercial establishments (bars, restaurants, liquor stores) that unlawfully sell alcohol to a visibly intoxicated person or to a minor, and that person then causes an accident. New York's dram shop law covers commercial sellers only — social host liability for private individuals serving alcohol is very limited under New York law. A commercial establishment that continues to serve a visibly intoxicated patron faces civil liability for resulting accidents.

Accidents Involving New York City Vehicles or Municipal Buses

If the accident involves a New York City agency vehicle, Metropolitan Transportation Authority (MTA) bus, or any municipal vehicle, a special notice of claim must be filed within 90 days of the accident under General Municipal Law § 50-e. Missing the 90-day deadline generally bars any lawsuit against the municipality, regardless of how meritorious the case is. Courts can grant late-notice-of-claim applications in limited circumstances, but it requires a separate motion with a showing of good cause. For MTA bus accidents specifically, the notice must go to the MTA's Office of the Agency Attorney. The 90-day municipal notice requirement is entirely separate from the 3-year general limitations period for filing the actual lawsuit.