New York car accident statute of limitations: three years, plus new fault rules
The New York car accident statute of limitations gives three years, with new fault rules. Call free.
New York changed its crash rules in May 2026. For injury suits filed on or after May 26, 2026, you recover nothing if your fault is greater than the other side’s, under CPLR 1411(b). The deadline is still three years, under CPLR 214.
The deadlines in New York
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | CPLR 214(5) |
| Car or property damage lawsuit | Three years | CPLR 214(4) |
| Notice of claim to a city, county or town | 90 days (suit within 1 year and 90 days) | GML 50-e and 50-i |
| Shared fault in a car crash injury suit | Barred if your fault is greater (suits from May 26, 2026) | CPLR 1411(b) |
| No-fault benefits | Up to $50,000 per person | Insurance Law 5102(a) |
| Minimum liability cover | $25,000 / $50,000 / $10,000 ($50,000 / $100,000 for death) | VTL 311 |
Shorter New York deadlines for public and fatal claims
If a city, county or town vehicle hit you, a notice of claim must be served within 90 days, under General Municipal Law 50-e. The lawsuit must then start within one year and 90 days, under section 50-i.
A family suing over a death has two years from the date of death, under EPTL 5-4.1.
No-fault and the serious injury line
No-fault means your own insurer pays basic medical bills and lost pay, up to $50,000, whoever caused the crash. Suing for pain and suffering needs a serious injury, under Insurance Law 5104. A fracture counts, per section 5102(d).
The 2026 reform dropped the category for injuries that kept you from daily life for 90 of the first 180 days. The state insurance regulator says this applies to actions started on or after May 26, 2026.
How the new fault rule changes a New York case
Before the change, your share of the blame only reduced your award. Now an injury plaintiff whose fault is greater than the defense’s is barred. Claims for car damage alone keep the reduce-only rule in CPLR 1411(a).
When to call a New York car accident lawyer
Call within days if a city bus or police car was involved, because 90 days passes quickly. In a serious crash, an attorney can line up the medical proof the threshold demands. The talk is free and you pay only if the claim succeeds.
Other states: New Jersey, Pennsylvania, Connecticut, Vermont, Massachusetts or every state on one page.
New York car accident statute of limitations questions
How long do I have to sue after a car accident in New York?
Three years for injuries and car damage under CPLR 214. Claims against a city or county need a notice of claim within 90 days.
Can I sue the other driver in New York’s no-fault system?
Yes, for pain and suffering with a serious injury and for losses above what no-fault pays.
Can I recover if I was partly at fault in New York?
For injury suits filed on or after May 26, 2026, only if your fault is not greater than the other side’s. Your share comes off the award.
What is the minimum car insurance in New York?
$25,000 per person and $50,000 per crash for injuries, higher limits for death and $10,000 for property, under VTL 311.
Before the clock runs out
New York’s 2026 reform can bar an injury claim if you are found mostly at fault. Your first statement matters more than before, so call before you sign and a lawyer will check your date and offer free.
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