Is New York a No-Fault State?

New York is one of twelve states that apply no-fault liability rules to auto accidents. Under those rules, a motorist’s own insurance covers his or her injuries, regardless of who caused the accident. In certain circumstances, no-fault insurance precludes the need to sue an at-fault driver to recover compensation for injuries. When those injuries are significant, however, a car accident lawsuit may be necessary to collect the full amount of damages that an injured party is entitled to recover.

The personal injury lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent injured parties in car accident lawsuits in Rockland County and elsewhere in New York State. Call us today for a free consultation to discuss your case. We are happy to outline all of your legal options and help you decide on the best route to full and fair compensation for your losses.

If you or a loved one were injured because of the negligent actions of another motorist call us today for a free consultation.

What are the minimum no-fault insurance coverage limits in New York?

New York requires drivers to carry at least $25,000 in liability coverage for each person injured in an accident and at least $50,000 of total bodily injury coverage. The State also requires drivers to carry at least $10,000 in coverage for property damage, and $50,000 of personal injury protection (PIP) insurance, which covers medical expenses, lost wages, and essential services for injured drivers and passengers.

When will a person have a right to file a lawsuit in a no-fault state?

An injured party can sue an at-fault driver after a car accident when that party’s injuries are severe. Generally, this includes:

• Broken bones and complex bone fractures
• Injuries that leave scars or other disfigurements
• Loss or severe damage to internal organs or bodily functions
• Loss of a limb
• Fetal demise
• Permanent nerve damage or paralysis
• Traumatic brain injuries
• Fatalities

The long-term effects of certain types of injuries, including concussions and other head or brain trauma, may not be apparent in the immediate aftermath of an accident. Moreover, an injured party may be able to recover damages for pain and suffering through a lawsuit where those damages are not otherwise available under no-fault insurance.

Rather than accept a low settlement offer from a no-fault insurance carrier, an injured party should first confer with a car accident lawyer to assess the likelihood of a larger damages award.

How New York’s 2026 Comparative Fault Rules Affect Your Claim

As of May 26, 2026, New York law bars a plaintiff found more than 50% at fault for a motor vehicle accident from recovering non-economic damages, such as pain and suffering. You may still be able to recover a proportional share of your economic damages, such as medical bills and lost wages, but pain and suffering compensation would not be available.

The law also eliminated the “90/180-day” rule, under which a temporary injury lasting at least 90 of the 180 days following an accident could, on its own, qualify as a “serious injury” for purposes of filing a lawsuit. These changes apply to actions commenced on or after that date and affect how much compensation an injured driver can ultimately recover. 

Call Kantrowitz, Goldhamer, & Graifman

The personal injury attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent parties in New York car accident lawsuits when no-fault insurance does not cover the full extent of their damages and losses. Contact us as soon as possible after you are injured in a car accident for an assessment of your right to claim greater compensation than may be available under your no-fault insurance policy.

Call us today for a free, no obligation consultation.