If you are struck by a motor vehicle in New York City, the minutes and days following the incident determine your ability to recover compensation. New York laws are complex, especially when it comes to evidence and proper notice.
Immediate safety and reporting
Call 911 immediately. Under New York Vehicle and Traffic Law, operators must report any accident involving injury, death or property damage exceeding $1,000 to the Department of Motor Vehicles (DMV) in writing using Form MV-104 within 10 days.
It is crucial to seek a medical evaluation even if injuries seem minor, as adrenaline often masks symptoms of internal trauma.
Critical filing deadlines
In New York, missing a deadline can permanently end your ability to collect damages. Keep these dates in mind:
- 30 days: You must file a written Application for No-Fault Benefits (Form NF-2) with the appropriate insurance carrier to cover medical bills and lost wages.
- 90 days: If a city-owned vehicle (like a bus or sanitation truck) hits you, you must file a sworn Notice of Claim.
- 1 year and 90 days: This is the statute of limitations for filing a lawsuit against a municipality or New York City.
- 2 years: The deadline for the estate to file a Wrongful Death claim.
- 3 years: The general time limit to file a Personal Injury lawsuit against private parties.
New York law is very strict about these dates; failure to act within these windows will likely result in the loss of legal rights, regardless of the severity of the injury or who was at fault.
Can you sue? The “serious injury” rule
To seek financial recovery for non-economic loss, the injury must qualify as a “serious injury” under New York Insurance Law. This legal standard covers nine categories, including:
- Fractures (broken bones) or significant disfigurement;
- Permanent consequential limitation of use of a body organ or member;
- Significant limitation of use of a body function or system;
- A non-permanent injury that substantially restricts your ordinary daily activities for 90 or more days within the first six months following the collision.
Think of these rules as a “legal gatekeeper.” You must provide objective medical evidence to prove your injury is this serious before the law allows you to sue for pain, suffering and emotional distress.
Protecting your rights and your recovery
New York follows a “pure comparative negligence” standard, meaning partial fault on your part does not bar you from seeking compensation. Any damages awarded are simply adjusted downward to reflect your share of responsibility. So if you bear 25% of the fault, your recovery is reduced by that same percentage.
Adhering to these strict New York filing requirements is essential for the preservation of legal claims after a collision.