TL;DR: A pedestrian struck by a car in New York is covered by the driver's no-fault insurance for medical bills and lost wages (up to $50,000) regardless of fault — even if you were jaywalking. You can also sue the driver for pain and suffering if your injuries meet the serious injury threshold, which pedestrian injuries usually clear easily. New York's pure comparative negligence rule means being partly at fault reduces, but never eliminates, your recovery. If a city vehicle or bus hit you, a 90-day notice of claim deadline applies. Hit-and-run victims can recover through MVAIC or their own household's uninsured-motorist coverage.
Key takeaways
- Pedestrians are covered by the driver's no-fault policy — even if you were jaywalking.
- 30 days to file the no-fault application against the driver's insurer.
- New York uses pure comparative negligence: being partly at fault reduces but never eliminates recovery.
- Pedestrian injuries usually clear the § 5102(d) serious injury threshold (fractures, surgery, head trauma).
- Hit-and-run? MVAIC (Motor Vehicle Accident Indemnification Corporation) or your household's uninsured-motorist coverage pays.
- Hit by an MTA bus, NYC Sanitation truck, or police vehicle? A 90-day notice of claim is required.
- Get the police accident report (form MV-104A) — it documents fault and witness statements.
Pedestrians absorb the full force of a vehicle with no protection, which is why pedestrian cases involve some of the most serious injuries — and some of the largest recoveries — in New York personal injury law.
Who pays my medical bills if I was hit by a car while walking?
The no-fault insurance of the vehicle that hit you pays your medical bills and lost wages (up to $50,000), regardless of who was at fault. You do not need to own a car or have your own auto insurance. File the no-fault application (Form NF-2) with the driver's insurer within 30 days of the accident — the most commonly missed deadline in pedestrian cases.
Can I sue the driver who hit me?
Yes — if your injuries meet New York's serious injury threshold (Insurance Law § 5102(d)), you can sue the driver and the vehicle's owner for pain and suffering and all economic losses beyond no-fault. Pedestrian injuries — fractures, head trauma, surgical injuries — typically satisfy the threshold without dispute. Under Vehicle & Traffic Law § 388, the vehicle's owner is liable for the driver's negligence, which matters when the driver was in a borrowed, employer-owned, or commercial vehicle.
What if I was jaywalking or crossed against the light?
You can still recover. New York's pure comparative negligence rule (CPLR 1411) reduces your award by your percentage of fault but never bars the claim — a pedestrian found 40% at fault still recovers 60% of their damages. Drivers also owe pedestrians an independent statutory duty of due care (VTL § 1146) to avoid striking them, even pedestrians outside a crosswalk. And as of recent law changes, jaywalking itself is no longer an offense in New York City.
What drives the value of a NYC pedestrian case?
| Factor | Why it matters |
|---|---|
| Crosswalk + signal in your favor | Near-complete liability against the driver (VTL § 1151) |
| Commercial vehicle (truck, van, taxi, bus, rideshare) | High insurance limits — trucks $750K+ federal minimum, Uber/Lyft $1.25M |
| Injury severity | Pedestrian impacts often cause fractures, TBI, and surgical injuries — high-threshold-clearing, high-value injuries |
| Venue | Bronx and Brooklyn juries historically award more for comparable injuries |
| City vehicle involved | Solvent defendant, but strict 90-day notice of claim |
Serious-injury pedestrian cases in New York — particularly crosswalk strikes by commercial vehicles — regularly resolve in the high six to seven figures.
Hit-and-run: you still have options
If the driver fled and is never identified, New York provides two recovery paths:
- Your household's auto policy — uninsured motorist (UM) coverage applies to you as a pedestrian if you or a resident family member owns an insured vehicle.
- MVAIC — the Motor Vehicle Accident Indemnification Corporation compensates qualifying New York pedestrians with no household auto policy. Strict deadlines apply: report to police within 24 hours and file a notice of intention with MVAIC within 90 days.
What to do after being hit by a car in New York
- Call 911 — get the police report and an ambulance.
- Get the plate number, or ask witnesses to — even partial plates help.
- Photograph the scene: crosswalk, signals, vehicle position.
- Seek full medical evaluation the same day, including for head injuries.
- File the NF-2 no-fault form within 30 days (with the driver's insurer).
- If a city/MTA vehicle was involved, the 90-day notice of claim clock is running.
- Do not accept a quick offer before knowing your full diagnosis.
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Start free intake →Frequently asked questions
I was hit by a car but don't have insurance. Am I covered?
Yes. As a pedestrian, the no-fault coverage of the vehicle that hit you pays your medical bills and lost wages up to $50,000 — your own insurance status is irrelevant.
Can I sue if I was hit outside a crosswalk?
Yes. Drivers owe all pedestrians due care under VTL § 1146. Your recovery may be reduced by comparative fault, but it is not barred.
What is the average settlement for a pedestrian hit by a car in NYC?
There is no single average; value tracks injury severity and the vehicle's insurance. Fracture and surgical cases commonly reach six figures; cases involving commercial vehicles, head trauma, or permanent injury regularly reach seven figures.
What if a city bus or police car hit me?
You must file a notice of claim within 90 days (General Municipal Law § 50-e) and sue within 1 year and 90 days. These cases are viable — the deadline is the trap.
Does the serious injury threshold apply to pedestrians?
Yes, but pedestrian injuries — fractures, ligament tears, head injuries — typically qualify easily.