NY·State Guide
Personal Injury Law in New York
Key rules for personal injury claims in New York — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — New York
- 01Pure comparative fault — no percentage bar
- 02No-fault auto — 'serious injury' threshold to sue for pain and suffering
- 0390-day notice for NYC and municipal claims — strictly enforced
- 043-year statute of limitations
- 05Second-largest personal injury market after California
Rules at a Glance
- Statute of Limitations
- 3 years from the date of injury
- Fault System
- Pure comparative fault — New York uses pure comparative fault. Even at 99% fault, the injured person can recover 1%.
- Damage Caps
- No general cap on damages.
- Government Notice Deadline
- Written notice of claim within 90 days for claims against New York City and municipal entities. 1 year and 90 days to file suit after denial.
- Auto Insurance System
- No-fault — No-fault state with PIP ($50,000). Must meet 'serious injury' threshold under Insurance Law §5102(d) to sue for pain and suffering.
- Minimum Liability Coverage
- 25/50/10.
- Workers' Comp Deadline
- Report within 30 days. File claim within 2 years.
Fault System in New York
New York uses pure comparative fault. Even at 99% fault, the injured person can recover 1%.
Auto Insurance in New York
New York is a no-fault state. No-fault state with PIP ($50,000). Must meet 'serious injury' threshold under Insurance Law §5102(d) to sue for pain and suffering.
Minimum required liability coverage: 25/50/10..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.