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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

TopicThe rule and its source
Deadline for an accident claim3 years (N.Y. C.P.L.R. § 214(5))
Deadline for property damage3 years (N.Y. C.P.L.R. § 214(4))
Fault rulePure 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 insuranceNo-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 governmentNotice 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

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.