These are the questions our intake team fields most often. The answers reflect New York law as it stands now, including the changes the Legislature made to motor vehicle claims in 2026.
How long do I have to file a lawsuit?
Generally three years from the date of the crash for a negligence claim. Two years from the date of death for wrongful death. Two years and six months for medical malpractice.
If a government entity is involved, such as a city bus or municipal vehicle, a notice of claim is generally due within 90 days, with suit to follow within one year and 90 days. See our statute of limitations page.
Do I have to report the accident?
Yes, in most cases. Under Vehicle and Traffic Law § 605, every driver must file an MV-104 crash report with the DMV within 10 days when anyone is injured or property damage to any one person’s property exceeds $1,000. Each driver files separately, regardless of fault. Failing to file can result in license suspension.
New York is a no-fault state. Can I still sue?
Yes, if your injury meets the statutory threshold. No-Fault covers your medical bills and lost wages regardless of who caused the crash. To sue the at-fault driver for pain and suffering, your injury must qualify as a “serious injury” under Insurance Law § 5102(d).
Important 2026 change: the Legislature removed the category covering non-permanent injuries that prevented usual daily activities for 90 of the 180 days after the accident. That was a common pathway for claimants with significant but recovering injuries. See how pain and suffering is calculated.
What if the accident was partly my fault?
This depends on what kind of case you have, and the answer changed in 2026.
For most claims, including slip and falls and construction injuries, New York remains a pure comparative fault state. Your recovery is reduced by your percentage of fault but never eliminated.
For motor vehicle cases subject to No-Fault, a new rule bars recovery entirely if your fault is greater than the other side’s, or greater than all defendants’ combined fault. At 50 percent you still recover half. At 51 percent you recover nothing. This applies to actions commenced on or after May 26, 2026. See comparative fault.
Is there a deadline for No-Fault benefits?
Yes, and it is short. Written notice to your insurer, typically the NF-2 application, is due within 30 days of the accident. Medical bills follow within 45 days of treatment and lost earnings claims within 90 days. Missing the 30-day notice without reasonable justification can cost you all No-Fault benefits.
Should I give the insurance company a recorded statement?
You are generally not obligated to give one to the other driver’s insurer, and doing so before you understand your injuries carries real risk. Casual remarks become fault arguments, which matters more under the new 50 percent bar. Your obligations to your own carrier are different. See dealing with insurance companies.
What is my case worth?
No lawyer can answer this honestly at the outset. Value depends on the severity and permanence of your injuries, future medical needs, lost earning capacity, available insurance, and your share of the fault. Our damages guide explains what goes into the calculation. Be skeptical of any firm that quotes a number before reviewing your records.
How long will my case take?
Straightforward claims may resolve in months. Disputed cases with serious injuries commonly take two to three years. See case timelines.
What if the other driver had no insurance or fled?
Your own policy’s uninsured motorist coverage may respond, and underinsured motorist coverage applies when the at-fault driver’s limits are too low. See our uninsured motorist accident lawyers and hit and run accident lawyer pages.
I was a passenger. Who covers me?
Passengers are covered by No-Fault through the vehicle they occupied and may bring claims against any at-fault driver, including the one they were riding with.
What if I have a preexisting condition?
New York permits recovery when an accident aggravates a preexisting condition. Insurers raise degeneration constantly in spine cases, which our page on back and spinal cord injuries addresses.
What does a lawyer cost?
Nothing upfront. Personal injury representation is contingency based, meaning no fee unless there is a recovery. Consultations are free. See how contingency fees work.
Talk to a New York Personal Injury Attorney
Buttafuoco & Associates has been answering these questions for injured New Yorkers since 1981. Whether you need an Albany car accident lawyer, a Rochester car accident lawyer, or help elsewhere in the state, contact us for a free case review. You owe no attorney’s fee unless we recover for you.