If you’ve been involved in a car crash in New York, your first step for seeking compensation is a claim through your own insurance.
New York is one of a handful of states that follows a no-fault system for motor vehicle accidents. While this can streamline medical coverage, it also limits when and how you can file a lawsuit.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP (WRSMH), we’ve spent over 50 years advocating for car crash victims throughout New York City, including Brooklyn, Staten Island, and beyond.
In this guide, we’ll explain how New York’s no-fault law works, how to file a no-fault injury claim in NYC, what the serious injury threshold means, and when you can step outside the no-fault system to pursue a third-party motor vehicle litigation case.
Understanding New York’s No-Fault System
New York’s no-fault law was enacted to ensure that people injured in car accidents receive prompt medical treatment and wage replacement without needing to prove who caused the crash.
What Is No-Fault Insurance?
Personal Injury Protection (PIP) insurance is the core of New York’s no-fault law. It is mandatory for every registered vehicle in the state and provides benefits to:
- Drivers
- Passengers
- Pedestrians and cyclists (in some cases)
This means that if you’re injured in a car crash, you file a PIP insurance NY claim with your own insurance company, regardless of who caused the collision.
What Does PIP Cover?
Under New York’s no-fault law, PIP typically provides:
- Up to $50,000 per person for medical expenses related to accident injuries
- 80% of lost wages, up to $2,000 per month, for up to three years
- Up to $25 per day for necessary out-of-pocket expenses (transportation, home help)
- Death benefit of $2,000 to survivors of a deceased victim
While these benefits offer quick relief, they do not cover noneconomic losses like pain and suffering.
Who Is Eligible to File a No-Fault Injury Claim in NYC?
You are eligible for no-fault benefits if you:
- Were injured while occupying a motor vehicle (as a driver or passenger)
- Were a pedestrian hit by a vehicle
- Were a cyclist struck by a motor vehicle
The Serious Injury Threshold
One of the most misunderstood aspects of New York’s no-fault system is when you can sue the at-fault driver. In most cases, you can only pursue a car accident claim or lawsuit if your injuries meet the serious injury threshold.
Defined under Insurance Law § 5102(d), a serious injury includes:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- 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
- Medically determined injury or impairment that prevents you from performing your usual daily activities for at least 90 out of the first 180 days after the accident
Meeting this threshold allows you to step outside the no-fault system and pursue a full tort claim for damages, including pain and suffering, emotional distress, future medical expenses, and long-term wage loss.
How the Serious Injury Threshold Works in Practice
Let’s say you’re involved in a rear-end collision while commuting through Brooklyn. You go to the ER and are diagnosed with a soft-tissue neck injury. Your insurance covers your ER bill and a few weeks of physical therapy.
If your symptoms resolve quickly, your case will likely remain within the no-fault system, and you won’t be able to sue. But if an MRI reveals a herniated disc and your symptoms interfere with your ability to work or care for your family for months, your injury may qualify under the serious injury threshold. At that point, a car accident lawsuit may become an option.
Common Legal Paths After a Car Accident in NYC
No-Fault/PIP Claim
Your first step after a crash is to file a no-fault application (Form NF-2) with your insurer. This must be done within 30 days of the accident.
Lawsuit Against the At-Fault Driver
If your injuries meet the serious injury threshold, you may sue the other driver for:
- Pain and suffering
- Future medical costs beyond PIP limits
- Loss of consortium
- Loss of earning capacity
Uninsured Motorist (UM) Claim
If the at-fault driver is uninsured or flees the scene, you can pursue a UM claim through your own policy. This is common in Staten Island crash claims involving hit-and-run drivers.
Underinsured Motorist (UIM) Claim
If your damages exceed the at-fault driver’s policy limits, UIM coverage can provide additional compensation.
Why Legal Representation Matters in a No-Fault State
While no-fault laws are intended to simplify accident claims, they can often add confusion—especially when multiple policies, thresholds, or long-term injuries are involved. Insurance companies may:
- Delay or deny valid claims
- Dispute the seriousness of your injuries
- Claim pre-existing conditions caused your pain
- Offer lowball settlements for serious harm
As seasoned motor vehicle litigation attorneys, WRSMH builds your case from day one. We work with orthopedic surgeons, neurologists, radiologists, and other medical experts to validate your injuries and support your lawsuit. Our preparation helps maximize compensation—whether at the negotiation table or in the courtroom.
Why Choose Wingate, Russotti, Shapiro, Moses & Halperin, LLP?
When it comes to navigating no-fault injury claims in NYC, WRSMH is one of the most experienced firms in the state. Our accolades include:
- Over $2 billion recovered for injury victims
- Consistently ranked among the Best Law Firms by U.S. News & World Report
- Dozens of attorneys recognized by Super Lawyers and the Multi-Million Dollar Advocates Forum
- Relentless courtroom preparation—every case, every client
We don’t cut corners. We invest in your success with top-tier medical reviews, detailed accident reconstructions, and relentless advocacy.
Don’t Wait—Deadlines Are Strict
Time is of the essence. Waiting too long can limit your options and reduce your compensation.
- No-Fault Application: Must be filed within 30 days
- Lawsuits: Generally must be filed within 3 years of the accident (shorter if a municipality is involved)
- Serious Injury Evidence: Must be carefully documented early
Speak With Our Trusted NYC Car Accident Lawyers Today
If you want to learn more about your legal options after a motor vehicle collision, Wingate, Russotti, Shapiro, Moses & Halperin, LLP, can help. We’ve represented thousands of New Yorkers—from automobile crash claims to serious injury threshold litigation—and we’re prepared to help you recover the compensation you deserve.
Call our skilled NYC car accident attorneys today at (212) 986-7353 to schedule a free consultation. Let us put our decades of experience to work for you.