TL;DR: After a New York car accident: (1) call 911 and get a police report, (2) get medical care the same day, (3) file your no-fault application (Form NF-2) within 30 days or risk losing medical and lost-wage benefits, (4) file DMV Form MV-104 within 10 days if anyone was injured or damage exceeds $1,000, and (5) do not give a recorded statement to the other driver's insurer. You generally have 3 years to file a lawsuit — but only 90 days to file a notice of claim if a city vehicle, bus, or government entity was involved.
Key takeaways
- 30 days to file the no-fault application (Form NF-2) — the most-missed deadline in NY car accidents.
- 10 days to file DMV Form MV-104 if there was injury or damage over $1,000.
- 90 days to file a notice of claim if a city, bus, or government vehicle was involved.
- 3 years is the standard lawsuit deadline (CPLR 214) — shorter against public entities.
- Get medical care the same day. Gaps in care give the insurer the easiest way to deny.
- Never give a recorded statement to the other driver's insurer without an attorney.
- Pedestrians and cyclists hit by a car are covered by the driver's no-fault policy.
A car accident in New York triggers several legal deadlines immediately — some as short as 30 days. What you do in the first 72 hours has a direct, measurable effect on both your health and the value of any injury claim. This guide walks through each step in order.
Step 1: Call 911 and get a police report
Always call the police after a New York accident involving injury. The responding officer files a police accident report (form MV-104A in NYC, available through the NYPD or online), which documents the crash location, statements, and any traffic tickets issued. A ticket issued to the other driver is one of the strongest pieces of liability evidence in a New York injury claim.
Step 2: Get medical care the same day — even if you "feel fine"
Adrenaline masks injuries. Herniated discs, concussions, and internal injuries frequently surface 24–72 hours after a crash. In New York, prompt treatment matters for two legal reasons:
- No-fault benefits only pay for treatment causally connected to the crash — gaps in care give the insurer grounds to deny.
- To sue for pain and suffering, your injuries must meet New York's "serious injury" threshold (Insurance Law § 5102(d)). Documented, immediate treatment is the foundation of proving it.
Go to the ER, an urgent care, or your doctor within 24 hours. Tell them every symptom, even minor ones.
Step 3: File your no-fault application within 30 days
New York is a no-fault state. Your own auto insurer pays up to $50,000 per person in medical bills and lost wages regardless of who caused the crash — but only if you file the no-fault application (Form NF-2) within 30 days of the accident. Miss this deadline and the insurer can deny all no-fault benefits. This is the single most-missed deadline in New York car accident cases.
Pedestrians and cyclists hit by cars are also covered by the driver's no-fault policy.
Step 4: Report the accident to the DMV within 10 days
New York law requires you to file DMV Form MV-104 within 10 days if anyone was injured or killed, or if property damage to any one person exceeds $1,000. Failure to file can result in license suspension.
Step 5: Document everything at the scene (if you can)
- Photos: vehicle positions, damage, skid marks, traffic signals, road conditions, visible injuries
- The other driver's license, registration, and insurance card
- Names and phone numbers of witnesses
- Whether the other vehicle was a commercial vehicle, truck, taxi, Uber/Lyft, or city vehicle — this dramatically affects available insurance coverage
Step 6: Do not give a recorded statement to the other driver's insurer
You must cooperate with your own insurer for no-fault purposes. You have no obligation to give the other driver's insurance company a recorded statement, and adjusters are trained to elicit admissions that reduce your claim. Politely decline until you've spoken with an attorney.
Step 7: Watch the special 90-day deadline for government defendants
If your accident involved a city bus, sanitation truck, police vehicle, MTA vehicle, or a New York municipality, you must file a formal notice of claim within 90 days under General Municipal Law § 50-e — long before the normal lawsuit deadline. Missing it usually ends the case.
Step 8: Know whether you can sue at all (the serious injury threshold)
Because of no-fault, you can only sue for pain and suffering in New York if your injury qualifies as "serious" under Insurance Law § 5102(d). Injuries that automatically qualify include any fracture, significant disfigurement, and death. Soft-tissue injuries can qualify under the limitation categories or the 90/180-day rule, but they are heavily contested. Read our full guide to the serious injury threshold.
Step 9: Calendar the lawsuit deadlines
| Claim type | Deadline |
|---|---|
| No-fault application (NF-2) | 30 days |
| DMV report (MV-104) | 10 days |
| Notice of claim vs. city/MTA/municipality | 90 days |
| Lawsuit vs. private driver (negligence) | 3 years (CPLR 214) |
| Lawsuit vs. municipality | 1 year + 90 days |
| Wrongful death | 2 years |
Step 10: Get a free case evaluation before accepting any offer
Insurers routinely make fast, low offers before the full extent of injuries is known. Once you sign a release, the claim is over — even if you later need surgery. New York personal injury attorneys work on contingency (no fee unless you recover), and an early evaluation costs nothing.
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Start free intake →Frequently asked questions
Do I need a lawyer for a car accident in New York?
If you suffered more than minor bruising — any fracture, hospital visit, ongoing treatment, or missed work — a lawyer typically recovers significantly more than unrepresented claimants, even after the standard one-third contingency fee. For property-damage-only crashes with no injury, you usually don't need one.
Should I talk to the insurance company after my accident?
Talk to your own insurer to start no-fault benefits, but stick to facts. Do not give the at-fault driver's insurer a recorded statement or sign medical authorizations before getting legal advice.
What if I was partially at fault?
New York follows pure comparative negligence (CPLR 1411). You can recover even if you were partly at fault — your award is simply reduced by your percentage of fault. A driver 30% at fault still recovers 70% of their damages.
How long do I have to sue after a New York car accident?
Generally 3 years from the accident date, but only 1 year and 90 days against a municipality (with a 90-day notice of claim), and 2 years for wrongful death.
What does a car accident lawyer cost in New York?
Nothing upfront. New York personal injury lawyers work on contingency — typically one-third of the recovery — and you owe nothing if there's no recovery.