Car Accident Claims 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.

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.

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.

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.

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).

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).

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.