New York Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
New York injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for New York
- Deadline to sue for an injury
- Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims). N.Y. CPLR 214(5)
- Fault rule (comparative negligence)
- Pure comparative fault in most cases. In actions for personal injury, property damage or wrongful death, the injured person's own culpable conduct (including contributory negligence or assumption of risk) does not bar recovery, but damages are reduced in proportion to that person's share… N.Y. CPLR 1411(a), (b)
- Wrongful death deadline
- Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. N.Y. EPTL 5-4.1; N.Y. Gen. Mun. Law § 50-i
- Minimum car insurance
- New York is a no-fault state. Minimum liability coverage is $25,000 for bodily injury and $50,000 for death of one person, $50,000 for bodily injury and $100,000 for death of two or more persons, and $10,000 for property damage. N.Y. Veh. & Traf. Law § 311(4); N.Y. Ins. Law §§ 5102, 5104
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims). Re-verified 2026-10-27. Source: N.Y. CPLR 214(5) |
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| Deadline to sue for property damage | Three years for an action to recover damages for injury to property (with an exception for certain latent toxic exposure claims under CPLR 214-c), and three years to recover a chattel or damages for taking or detaining it. Re-verified 2026-10-27. Source: N.Y. CPLR 214(3), (4) |
| Medical malpractice deadline | Two years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. Exceptions: for a foreign object left in the body, one year from discovery (or discovery of facts that would reasonably lead to it), whichever is earlier; for negligent failure to diagnose cancer or a malignant tumor, two years and six months from when the patient knew or should have known of the negligence and resulting injury (or from the last continuous treatment), but no later than seven years after the act or omission. Re-verified 2026-10-27. Source: N.Y. CPLR 214-a |
| Wrongful death deadline | Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death. Re-verified 2026-10-27. |
| Suing the government | For tort claims against a city, county, town, village, fire district or school district, a written, sworn notice of claim must be served within 90 days after the claim arises (for wrongful death, within 90 days after a representative of the estate is appointed). The lawsuit may be filed only after at least 30 days have passed without payment or adjustment, and must be filed within one year and 90 days after the event (two years after the death for wrongful death). Suit deadline: https://www.nysenate.gov/legislation/laws/GMU/50-I Re-verified 2026-10-27. Source: N.Y. Gen. Mun. Law §§ 50-e, 50-i |
Fault and damages
| Fault rule (comparative negligence) | Pure comparative fault in most cases. In actions for personal injury, property damage or wrongful death, the injured person's own culpable conduct (including contributory negligence or assumption of risk) does not bar recovery, but damages are reduced in proportion to that person's share of the fault. Exception: in personal injury cases covered by New York's no-fault auto insurance law (Insurance Law article 51), the injured person cannot recover at all if his or her share of fault is greater than that of the defendant (or of all defendants combined). Re-verified and corrected 2026-10-27. Source: N.Y. CPLR 1411(a), (b) |
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| Damage caps | No general statutory cap on damages in personal injury cases was found. In auto accident cases between covered persons, damages for non-economic loss are available only for a "serious injury," and basic economic loss covered by no-fault benefits cannot be recovered. Except in death cases, non-economic damages for a serious injury are capped at $100,000 when the injured person was at fault (but not barred under CPLR 1411) and at the time of the accident was driving an uninsured vehicle he or she was responsible for insuring (unless the coverage lapse was under 30 days), was driving while impaired and was convicted of it, or was driving in the commission of (or flight from) a felony and was convicted of that felony. Re-verified and corrected 2026-10-27. Source: N.Y. Ins. Law § 5104(a), (d) |
Wrongful death
| Who can sue for wrongful death | The personal representative (executor or administrator) of a person who left distributees (close family members entitled to inherit) brings the action. Damages are exclusively for the distributees and are divided in proportion to each one's financial (pecuniary) loss as determined by the court; when the decedent left a spouse and parents but no children, the parents also count as distributees. Re-verified 2026-10-27. Source: N.Y. EPTL 5-4.1, 5-4.4 |
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| Wrongful death deadline | Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death. Re-verified 2026-10-27. |
Car accidents and dog bites
| Reporting a crash to police | If anyone is injured or killed, police must be notified immediately. By statute, a driver who knows or has cause to know someone was injured must give their information to a police officer, or — if no officer is nearby — report the incident to the nearest police station or judicial officer as soon as physically able. If only property is damaged and the owner is not present, the driver must report the damage to the nearest police station or judicial officer as soon as physically able. The DMV Driver's Manual (Chapter 12) states that police must be notified immediately if anyone is injured or killed: https://dmv.ny.gov/new-york-state-drivers-manual-and-practice-tests/chapter-12-if-you-are-traffic-crash |
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| Crash report to the DMV | A driver involved in a New York crash in which anyone is killed or injured, or in which property of any one person (including the driver) is damaged by more than $1,000, must report it in writing to the DMV commissioner within 10 days, using the Report of Motor Vehicle Crash (form MV-104), which can also be submitted online. This is required even if police took a report, and reporting to an insurer does not replace it. Failing to report, or giving incorrect information, is a misdemeanor and can lead to suspension or revocation of the license and registrations. On-duty police officers, correction officers and firefighters driving department vehicles are exempt. The statute says damage "in excess of" $1,000; the DMV manual words it as "$1000 or more." Source: N.Y. Vehicle & Traffic Law § 605 |
| Leaving the scene (hit and run) | A driver who knows or has cause to know their vehicle caused property damage or injured someone must stop before leaving and show their license and insurance card, and give their name, address, insurance carrier and policy information, and license number to the other party (and, in injury cases, also to police). Leaving a property-damage scene is a traffic infraction: up to a $250 fine and/or up to 15 days in jail. Leaving an injury scene is a class A misdemeanor ($750–$1,000 fine plus other penalties); a repeat offense is a class E felony. If the injury is serious physical injury, it is a class E felony; if someone dies, a class D felony. Merely failing to show documents or exchange information in an injury case is a class B misdemeanor ($250–$500 fine) for a first offense. Ride-share (TNC) and car-sharing drivers must also show the required proof of insurance and disclose their trip status. Source: N.Y. Vehicle & Traffic Law § 600 |
| Minimum car insurance | New York is a no-fault state. Minimum liability coverage is $25,000 for bodily injury and $50,000 for death of one person, $50,000 for bodily injury and $100,000 for death of two or more persons, and $10,000 for property damage. No-fault (first-party) benefits cover basic economic loss up to $50,000 per person, with an optional additional $25,000. A person may sue another covered person for non-economic loss only in the case of a "serious injury": 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, or significant limitation of use of a body function or system. No-fault: https://www.nysenate.gov/legislation/laws/ISC/5102 Current 5102(d) (revision of 2026-05-29) no longer includes the former 90-of-180-days category. Re-verified and corrected 2026-10-27. |
| Dog bites | Limited strict liability. The owner or custodian of a dog that has been found to be a dangerous dog is strictly liable for the medical costs of injuries the dog causes to a person or animal (with exceptions, such as when the dog was defending someone during certain serious crimes). Other dog-bite liability is governed by court decisions. Re-verified 2026-10-27. |
Slip, trip and fall injuries
| Sidewalk falls: who is responsible | In New York City, property owners are responsible for installing, repairing and maintaining the sidewalks next to their property (NYC Administrative Code § 19-152), including clearing snow, ice and debris, and under Administrative Code § 7-210 owners are potentially liable for personal injuries caused by their failure to maintain the sidewalk. After receiving a Notice of Sidewalk Violation, an owner has 75 days to make the repair, or NYC DOT may have a contractor do the work and bill the owner. Outside New York City, sidewalk liability rules are set by other state and local laws not reviewed for this entry. The text of § 7-210 itself, including any exemption for owner-occupied one- to three-family homes, was not read on an official NYC source. Prior-written-notice laws (e.g., NYC Admin. |
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| Claims against a city or county | Before suing a city, county, town, village, fire district or school district for personal injury, a notice of claim must be served within 90 days after the claim arises, delivered personally or by registered or certified mail to the person designated by law to receive a summons (or an attorney regularly representing the public corporation). The lawsuit may be started only after at least 30 days have passed without the claim being paid or adjusted, and must be commenced within one year and 90 days after the event (two years from death for wrongful death). A court may allow late notice, but not beyond the time limit for starting the lawsuit. Claims against the State of New York go to the Court of Claims under separate rules. No statutory damage cap for local governments was identified in the sections read. Source: N.Y. Gen. Mun. Law §§ 50-e, 50-i |
| Injuries on land used for recreation | An owner, lessee or occupant of premises (posted or not, including farms) owes no duty to keep the premises safe for people entering for listed recreational activities, or to warn them of hazards, and giving permission does not make them invitees. The covered activities include hunting, fishing, boating, hiking, cross-country skiing, sledding, horseback riding, bicycling, snowmobiling and recreational vehicle use, among others. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, to injuries where permission was granted for consideration (other than payments from state or federal government), or to injuries the permitted users cause to others to whom a duty is owed. Source: N.Y. Gen. Oblig. Law § 9-103 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | All riders: it is unlawful for any person to operate or ride on a motorcycle without a protective helmet meeting the federal motor vehicle safety standard for motorcycle helmets (49 CFR 571.218). Local police may exempt parade or exhibition participants by permit. The section read does not address whether not wearing a helmet affects damages. Source: N.Y. Veh. & Traf. Law § 381(6) |
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| Lane splitting | Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane occupied by the vehicle being passed. Two motorcycles may ride abreast in one lane, but not more than two; police officers on duty are exempt from the passing and between-lanes rules. Source: N.Y. Veh. & Traf. Law § 1252 |
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian crossing within a crosswalk on the driver's half of the roadway or approaching closely from the other half, and may not pass a vehicle stopped at a crosswalk to let a pedestrian cross. Pedestrians may not suddenly step into the path of a vehicle too close for the driver to yield. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and may not cross an intersection diagonally unless signals allow it. |
| Bicycle laws | A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except special bicycle rules and provisions that cannot apply. A driver overtaking a bicycle must pass to the left at a safe distance until safely clear; the statute does not set a specific number of feet. Bicycle operators and passengers under 14 must wear protective headgear, and a child under 1 may not be carried as a bicycle passenger. |
| Uber and Lyft insurance | While a rideshare (TNC) driver is logged on but not engaged in a prearranged trip, coverage of at least $75,000 per person and $150,000 per accident for bodily injury or death and $25,000 for property damage is required. While engaged in a prearranged trip, liability coverage of at least $1,250,000 per occurrence for bodily injury, death and property damage is required, plus $1,250,000 of supplementary uninsured/underinsured motorist coverage. The TNC's group policy must cover from the first dollar if the driver's insurance lapses. This state TNC law does not apply to for-hire vehicles in cities of one million or more people (New York City). |
| Truck safety and insurance rules | New York's Transportation Commissioner has power to adopt safety rules, with the force of law, for all motor carriers, private motor carriers and commercial motor vehicles carrying property or passengers in intrastate, interstate or international commerce, and carriers may not operate in New York unless they comply with those rules. The statute itself does not say the rules adopt the federal motor carrier safety regulations; the department's rules were not read. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9). Federal: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 . |
Construction accidents
| Construction site injuries | New York's 'scaffold law' (Labor Law § 240(1)) requires all contractors and owners and their agents doing building erection, demolition, repair, alteration, painting, cleaning or pointing to furnish or erect scaffolding, hoists, ladders and other devices constructed, placed and operated so as to give proper protection to workers; owners of one- and two-family homes who contract for but do not direct or control the work are excepted. Labor Law § 241(6) requires contractors and owners in construction, demolition and excavation to provide reasonable and adequate protection and safety to workers and to comply with the Labor Commissioner's rules, with the same homeowner exception. These duties run against owners and contractors, while the injured worker's own employer is generally protected by the workers' compensation exclusive remedy. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in New York?
Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims).
How long do you have to sue for property damage in New York?
Three years for an action to recover damages for injury to property (with an exception for certain latent toxic exposure claims under CPLR 214-c), and three years to recover a chattel or damages for taking or detaining it.
What is the statute of limitations for medical malpractice in New York?
Two years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. Exceptions: for a foreign object left in the body, one year from discovery (or discovery of facts that would reasonably lead to it), whichever is earlier; for negligent failure to diagnose cancer or a malignant tumor, two years and six months from when the patient knew or should have known of the negligence and resulting injury (or from the last continuous treatment), but no later than seven years after the act or omission.
How long do you have to file a wrongful death lawsuit in New York?
Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death.
Who can file a wrongful death lawsuit in New York?
The personal representative (executor or administrator) of a person who left distributees (close family members entitled to inherit) brings the action. Damages are exclusively for the distributees and are divided in proportion to each one's financial (pecuniary) loss as determined by the court; when the decedent left a spouse and parents but no children, the parents also count as distributees.
Can you recover damages if you were partly at fault in New York?
Pure comparative fault in most cases. In actions for personal injury, property damage or wrongful death, the injured person's own culpable conduct (including contributory negligence or assumption of risk) does not bar recovery, but damages are reduced in proportion to that person's share of the fault. Exception: in personal injury cases covered by New York's no-fault auto insurance law (Insurance Law article 51), the injured person cannot recover at all if his or her share of fault is greater than that of the defendant (or of all defendants combined).
Does New York cap damages in personal injury cases?
No general statutory cap on damages in personal injury cases was found. In auto accident cases between covered persons, damages for non-economic loss are available only for a "serious injury," and basic economic loss covered by no-fault benefits cannot be recovered. Except in death cases, non-economic damages for a serious injury are capped at $100,000 when the injured person was at fault (but not barred under CPLR 1411) and at the time of the accident was driving an uninsured vehicle he or she was responsible for insuring (unless the coverage lapse was under 30 days), was driving while impaired and was convicted of it, or was driving in the commission of (or flight from) a felony and was convicted of that felony.
How do you file an injury claim against the government in New York?
For tort claims against a city, county, town, village, fire district or school district, a written, sworn notice of claim must be served within 90 days after the claim arises (for wrongful death, within 90 days after a representative of the estate is appointed). The lawsuit may be filed only after at least 30 days have passed without payment or adjustment, and must be filed within one year and 90 days after the event (two years after the death for wrongful death).
Is a dog owner liable for a dog bite in New York?
Limited strict liability. The owner or custodian of a dog that has been found to be a dangerous dog is strictly liable for the medical costs of injuries the dog causes to a person or animal (with exceptions, such as when the dog was defending someone during certain serious crimes). Other dog-bite liability is governed by court decisions.
What is the minimum car insurance required in New York?
New York is a no-fault state. Minimum liability coverage is $25,000 for bodily injury and $50,000 for death of one person, $50,000 for bodily injury and $100,000 for death of two or more persons, and $10,000 for property damage. No-fault (first-party) benefits cover basic economic loss up to $50,000 per person, with an optional additional $25,000. A person may sue another covered person for non-economic loss only in the case of a "serious injury": 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, or significant limitation of use of a body function or system.
When do you have to report a car accident to the police in New York?
If anyone is injured or killed, police must be notified immediately. By statute, a driver who knows or has cause to know someone was injured must give their information to a police officer, or — if no officer is nearby — report the incident to the nearest police station or judicial officer as soon as physically able. If only property is damaged and the owner is not present, the driver must report the damage to the nearest police station or judicial officer as soon as physically able.
Do you have to report a car accident to the DMV in New York?
A driver involved in a New York crash in which anyone is killed or injured, or in which property of any one person (including the driver) is damaged by more than $1,000, must report it in writing to the DMV commissioner within 10 days, using the Report of Motor Vehicle Crash (form MV-104), which can also be submitted online. This is required even if police took a report, and reporting to an insurer does not replace it. Failing to report, or giving incorrect information, is a misdemeanor and can lead to suspension or revocation of the license and registrations.
What are your duties after a car accident in New York?
A driver who knows or has cause to know their vehicle caused property damage or injured someone must stop before leaving and show their license and insurance card, and give their name, address, insurance carrier and policy information, and license number to the other party (and, in injury cases, also to police). Leaving a property-damage scene is a traffic infraction: up to a $250 fine and/or up to 15 days in jail. Leaving an injury scene is a class A misdemeanor ($750–$1,000 fine plus other penalties); a repeat offense is a class E felony. If the injury is serious physical injury, it is a class E felony; if someone dies, a class D felony. Merely failing to show documents or exchange information in an injury case is a class B misdemeanor ($250–$500 fine) for a first offense.
Who is liable if you trip and fall on a sidewalk in New York?
In New York City, property owners are responsible for installing, repairing and maintaining the sidewalks next to their property (NYC Administrative Code § 19-152), including clearing snow, ice and debris, and under Administrative Code § 7-210 owners are potentially liable for personal injuries caused by their failure to maintain the sidewalk. After receiving a Notice of Sidewalk Violation, an owner has 75 days to make the repair, or NYC DOT may have a contractor do the work and bill the owner. Outside New York City, sidewalk liability rules are set by other state and local laws not reviewed for this entry.
How long do you have to file a claim against a city or county in New York?
Before suing a city, county, town, village, fire district or school district for personal injury, a notice of claim must be served within 90 days after the claim arises, delivered personally or by registered or certified mail to the person designated by law to receive a summons (or an attorney regularly representing the public corporation). The lawsuit may be started only after at least 30 days have passed without the claim being paid or adjusted, and must be commenced within one year and 90 days after the event (two years from death for wrongful death). A court may allow late notice, but not beyond the time limit for starting the lawsuit. Claims against the State of New York go to the Court of Claims under separate rules.
Is a landowner liable for injuries on land used for recreation in New York?
An owner, lessee or occupant of premises (posted or not, including farms) owes no duty to keep the premises safe for people entering for listed recreational activities, or to warn them of hazards, and giving permission does not make them invitees. The covered activities include hunting, fishing, boating, hiking, cross-country skiing, sledding, horseback riding, bicycling, snowmobiling and recreational vehicle use, among others. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, to injuries where permission was granted for consideration (other than payments from state or federal government), or to injuries the permitted users cause to others to whom a duty is owed.
Do you have to wear a motorcycle helmet in New York?
All riders: it is unlawful for any person to operate or ride on a motorcycle without a protective helmet meeting the federal motor vehicle safety standard for motorcycle helmets (49 CFR 571.218). Local police may exempt parade or exhibition participants by permit. The section read does not address whether not wearing a helmet affects damages.
Is lane splitting legal in New York?
Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane occupied by the vehicle being passed. Two motorcycles may ride abreast in one lane, but not more than two; police officers on duty are exempt from the passing and between-lanes rules.
Who has the right of way, a pedestrian or a driver, in New York?
Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian crossing within a crosswalk on the driver's half of the roadway or approaching closely from the other half, and may not pass a vehicle stopped at a crosswalk to let a pedestrian cross. Pedestrians may not suddenly step into the path of a vehicle too close for the driver to yield. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and may not cross an intersection diagonally unless signals allow it.
What are the bicycle laws in New York?
A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except special bicycle rules and provisions that cannot apply. A driver overtaking a bicycle must pass to the left at a safe distance until safely clear; the statute does not set a specific number of feet. Bicycle operators and passengers under 14 must wear protective headgear, and a child under 1 may not be carried as a bicycle passenger.
What insurance must Uber and Lyft drivers have in New York?
While a rideshare (TNC) driver is logged on but not engaged in a prearranged trip, coverage of at least $75,000 per person and $150,000 per accident for bodily injury or death and $25,000 for property damage is required. While engaged in a prearranged trip, liability coverage of at least $1,250,000 per occurrence for bodily injury, death and property damage is required, plus $1,250,000 of supplementary uninsured/underinsured motorist coverage. The TNC's group policy must cover from the first dollar if the driver's insurance lapses. This state TNC law does not apply to for-hire vehicles in cities of one million or more people (New York City).
What safety and insurance rules apply to trucks in New York?
New York's Transportation Commissioner has power to adopt safety rules, with the force of law, for all motor carriers, private motor carriers and commercial motor vehicles carrying property or passengers in intrastate, interstate or international commerce, and carriers may not operate in New York unless they comply with those rules. The statute itself does not say the rules adopt the federal motor carrier safety regulations; the department's rules were not read. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).
Can you sue for a construction accident in New York?
New York's 'scaffold law' (Labor Law § 240(1)) requires all contractors and owners and their agents doing building erection, demolition, repair, alteration, painting, cleaning or pointing to furnish or erect scaffolding, hoists, ladders and other devices constructed, placed and operated so as to give proper protection to workers; owners of one- and two-family homes who contract for but do not direct or control the work are excepted. Labor Law § 241(6) requires contractors and owners in construction, demolition and excavation to provide reasonable and adequate protection and safety to workers and to comply with the Labor Commissioner's rules, with the same homeowner exception. These duties run against owners and contractors, while the injured worker's own employer is generally protected by the workers' compensation exclusive remedy.
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