Hit by a Car in NYC? What to Do After a Car Accident!

What to Do Right After a Car Accident in NYC

• Get medical help. Call 911 if anyone is hurt. See a doctor as soon as you can, even if you feel okay. Some injuries show up hours or days later.

• Call a lawyer promptly. Video and witness memories can disappear quickly, and insurance and legal deadlines may start running immediately. Call Top Accident Law at 718-200-2866 for a free case review.

• Stay at the scene. If someone is injured, each driver must stop, show their license and insurance, and provide their name, address, insurance information and plate number to the injured person, if practical, and to the police. If no police officer is nearby, the driver must report the incident to the nearest police station or judicial officer when able (VTL § 600).

• Call the police. Ask for the report number and the precinct.

• Take photos and video. Capture the vehicles, plates, street, traffic lights, your injuries and anything that blocked your view.

• Get witnesses. Write down names and phone numbers. Note nearby stores and buildings that may have cameras.

• Do not argue about fault. Do not apologize or guess about what happened.

If You Were Hit by a Car as a Pedestrian

Drivers in New York must use due care to avoid hitting pedestrians and bicyclists (VTL § 1146). Where traffic signals are absent or not operating, a driver must yield to a pedestrian crossing in a crosswalk, subject to the rules governing pedestrian right of way (VTL § 1151).

You do not need to own a car to be covered. New York No-Fault insurance generally covers pedestrians through the insurance on the vehicle that hit them (Insurance Law §§ 5102, 5103). If the driver drove off, call 911 and tell the police everything you remember about the car, even a partial plate. If the vehicle is unidentified or uninsured, you may need to make a claim through a household auto policy or the Motor Vehicle Accident Indemnification Corporation (MVAIC). The rules and deadlines can differ.

Reporting the Accident

If anyone was injured or killed, or damage to any one person's property exceeds $1,000, the involved driver generally must file form MV-104 with the DMV within 10 days (VTL § 605). Failure to report can be a misdemeanor and may lead to suspension or revocation of a license or registration.

You can request an NYPD crash report through the NYPD's online Collision Report Retrieval Portal. It may take up to seven business days for a report to appear. A report can also be requested from the precinct during the first 30 days; after that, requests go to the DMV.

No-Fault Insurance: Notice Within 30 Days

New York is a No-Fault state. Eligible medical expenses and part of your lost wages may be paid first by No-Fault insurance, regardless of who caused the crash. Basic economic loss is generally limited to $50,000 per person. Lost earnings are generally covered at 80%, up to $2,000 per month for no more than three years, subject to statutory limits and offsets (Insurance Law § 5102).

You generally must give written notice to the No-Fault insurer within 30 days of the accident (11 NYCRR 65-1.1). The rule allows an exception when you provide written proof of a clear and reasonable justification for late notice. Do not assume an exception applies; give notice as soon as possible.

The Serious Injury Rule: 2026 Changes

No-Fault does not pay for pain and suffering. In claims subject to New York's No-Fault law, a person generally must have a "serious injury" to sue for pain and suffering (Insurance Law §§ 5102(d), 5104).

For actions and proceedings commenced on or after May 26, 2026, the law lists eight serious-injury categories:

• 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

• Significant limitation of use of a body function or system

The 2026 change removed the former category for an injury that kept you from your usual activities for 90 of the first 180 days. Medical records and follow-up care can be important to documenting an injury.

Who Was at Fault? The New 2026 Rule

For personal-injury actions subject to New York's No-Fault law and commenced on or after May 26, 2026, a claimant's fault can bar recovery if it is greater than the fault of the person being sued or greater than the combined fault of the people being sued (CPLR § 1411(b)). In a typical two-party case, a person who is more than 50% at fault generally cannot recover; if the person is 50% or less at fault, damages are reduced by their share of fault. Evidence of how the crash happened is critical.

Deadlines You Cannot Miss

• 10 days: DMV form MV-104, when required.

• 30 days: Written notice to the No-Fault insurer, generally.

• 90 days: Notice of Claim for many claims against New York City and municipal entities. NYC claims are generally filed with the NYC Comptroller (GML § 50-e).

• 1 year and 90 days: To sue New York City in many tort cases (GML § 50-i).

• 3 years: To sue in most personal-injury cases (CPLR § 214(5)).

Different rules may apply to claims against New York State, public authorities and other entities. Do not wait to confirm the deadline that applies to your case.

Dealing With the Insurance Company

The other driver's insurer represents its policyholder, and its interests may differ from yours.

• Do not give the other driver's insurer a recorded statement before speaking with a lawyer. Your own policy may have separate cooperation requirements.

• Do not sign releases or authorizations you do not understand.

• Do not accept a quick offer before you know how serious your injuries are.

• Do not post about the accident on social media.

What Compensation Can You Recover?

Depending on the facts, you may be able to recover medical expenses not paid by No-Fault, lost wages beyond No-Fault benefits, future medical care, lost earning ability, and pain and suffering if the serious-injury requirement is met.

Talk to Top Accident Law

Top Accident Law has two offices in New York City and helps clients across all five boroughs. We speak English, Spanish and Russian. Call 718-200-2866 for a free case review.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in New York?

Generally, three years for a personal-injury claim. Claims against New York City and many municipal entities have shorter deadlines: a Notice of Claim is generally due within 90 days, and a lawsuit against NYC is generally due within one year and 90 days.

Who pays my medical bills after a car accident in NYC?

No-Fault insurance generally pays eligible medical expenses and part of lost wages, regardless of fault, subject to the policy and statutory limits. Basic economic loss is generally capped at $50,000 per person. Written notice is generally due within 30 days.

Am I covered by No-Fault if I was hit as a pedestrian?

Generally, yes. A pedestrian may claim through the insurance on the vehicle that struck them, even if they do not own a car. If the vehicle is unknown or uninsured, other coverage options may apply.

Can I sue for pain and suffering?

In claims subject to New York's No-Fault law, generally only if you have a "serious injury," such as a fracture, significant disfigurement, or a permanent or significant limitation.

Can I still recover if I was partly at fault?

For personal-injury actions subject to New York's No-Fault law and commenced on or after May 26, 2026, your recovery may be barred if your fault is greater than the fault of the person sued or greater than the combined fault of the people sued. In a typical two-party case, if you are 50% or less at fault, your recovery is reduced by your share.

Do you speak Spanish and Russian?

Yes. We speak Spanish and Russian. Contact us at 718-200-2866 for a free case review.

This article is general information about New York law, not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and laws change; this article reflects the law as of its publish date.