New York accident claims: deadlines and fault rules
Last updated: November 10, 2026
In New York, you generally have 3 years to bring an accident claim (N.Y. C.P.L.R. § 214(5)). New York is a no-fault state with a seriousness threshold set by law, and a notice of claim against a city or county is due within 90 days.
The rules at a glance
| Topic | The rule and its source |
|---|---|
| Deadline for an accident claim | 3 years (N.Y. C.P.L.R. § 214(5)) |
| Deadline for property damage | 3 years (N.Y. C.P.L.R. § 214(4)) |
| Fault rule | Pure comparative fault: what you recover is reduced by your share of the fault (N.Y. C.P.L.R. § 1411) |
| No-fault or at-fault insurance | No-fault state: to sue for non-economic loss, you must meet a seriousness threshold set by law (N.Y. Ins. Law § 5102, § 5104) |
| Claims against a government | Notice of claim against a city or county within 90 days (N.Y. Gen. Mun. Law § 50-e) |
What this means for you
Plan on 3 years for your accident claim and for property damage, and do not wait until the end.
Your own no-fault coverage pays certain costs first. To sue the other driver for non-economic loss, your case must meet a seriousness threshold set by law.
Under pure comparative fault, what you recover is reduced by your share of the fault, even if your share is large.
Exceptions to know about
- Different rules can apply when the person with the claim is a minor. A lawyer can tell you how they apply.
- A notice of claim against a city or county is due within 90 days (N.Y. Gen. Mun. Law § 50-e), far sooner than the 3-year deadline.
- In some situations a deadline may be counted from when a harm was discovered rather than the day of the accident. Whether that can apply depends on the facts, so do not count on it.
Accident claims
- Car accident claims: what to do and who pays
- Truck accident claims: what to do and who pays
- Motorcycle accident claims: steps and who pays
- Rideshare accident claims: what to do, who pays
- Pedestrian accident claims: what to do, who pays
- Bicycle accident claims: what to do and who pays
- Slip and fall claims: what to do and who pays
- Dog bite claims: what to do and who pays
Frequently asked questions
How long do I have to bring an accident claim in New York?
Generally 3 years (N.Y. C.P.L.R. § 214(5)), and 3 years for property damage (N.Y. C.P.L.R. § 214(4)).
What if I was partly at fault?
New York uses pure comparative fault: what you recover is reduced by your share of the fault (N.Y. C.P.L.R. § 1411).
Do I need a lawyer?
You do not have to hire one, but a lawyer can deal with the insurers, keep track of the deadlines and tell you what your claim may be worth. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply.
What if a government vehicle hit me?
A notice of claim against a city or county is due within 90 days (N.Y. Gen. Mun. Law § 50-e). Talk to a lawyer early.
CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.