Yes. New York law may allow injured drivers to recover compensation even when they share some of the blame for a crash. Whether you can recover beyond no-fault benefits and how much you can recover depends on your percentage of fault and the nature of your injuries. In most covered crashes, New York’s no-fault system pays basic economic losses without requiring you to prove the other driver caused the collision.
At Kucher Law Group, Brooklyn car accident attorney Samantha Kucher helps drivers who are worried about their share of fault, from filing no-fault personal injury protection (PIP) claims to pursuing serious injury lawsuits against the other driver. Our team carefully evaluates the facts of the crash, protects your rights throughout the claims process, and pursues every available source of compensation under New York law.
This guide explains New York’s no-fault coverage, the comparative negligence rule and its 2026 update, the serious injury threshold, what happens when benefits run out, how fault is decided, and the steps that protect your claim.
Call Kucher Law Group at (929) 563-6780 for a free consultation to discuss your options with our Brooklyn car accident attorneys.
How Does New York’s No-Fault System Work After a Crash?
New York is a no-fault insurance state for car accidents. That means after most crashes, you first turn to your own personal injury protection (PIP) coverage to pay basic economic losses, regardless of who caused the collision. Under New York Insurance Law § 5102, PIP benefits are available up to $50,000 per person, and you do not have to prove the other driver was negligent to access them.
This system exists so that injured people can get medical care and wage replacement quickly, without waiting for a fault dispute to be resolved. Because fault does not determine eligibility for PIP benefits, no-fault coverage is often the first source of compensation for an injured driver.
What Does No-Fault PIP Actually Cover?
PIP is meant to cover the tangible, out-of-pocket costs of an injury rather than the emotional impact of the crash. The covered benefits under a standard policy include the following:
- Reasonable and necessary medical, hospital, and rehabilitation expenses
- Lost earnings of up to 80% of your monthly income, capped at $2,000 per month for up to three years
- Other reasonable and necessary expenses, such as household help and transportation to medical appointments, up to $25 per day for up to one year
These benefits are capped at $50,000 combined per injured person unless you purchased optional additional coverage.
Are There Deadlines for Filing a No-Fault Claim?
No-fault benefits come with strict, short deadlines set by Regulation 68. A written notice of the claim must be given to the insurer as soon as reasonably practicable, and in no event more than 30 days after the accident. Medical bills must be submitted within 45 days of treatment, and lost-wage claims within 90 days. Missing these deadlines can give the insurer grounds to deny benefits unless you can show clear and reasonable justification for the delay.
Key Takeaway: No-fault insurance helps cover your basic economic losses after a crash, even if you were partly responsible. However, strict deadlines apply, and PIP benefits do not include compensation for pain and suffering.
Does Being Partly at Fault Affect Your New York Compensation?
Yes. Whether sharing fault affects your recovery depends on the law that applies to your case. New York’s comparative negligence rules determine how fault is allocated between the parties and how that allocation affects the compensation available in a liability claim.
What Changed Under New York’s 2026 Motor Vehicle Law?
For decades, New York followed pure comparative negligence for personal injury cases. Under the current version of CPLR § 1411, motor vehicle injury claims subject to Article 51 of the Insurance Law are treated differently.
A claimant can be barred from recovery when that claimant’s culpable conduct is greater than the culpable conduct of the person, or the combined culpable conduct of the persons, from whom recovery is sought. In a typical two-driver crash, this means a driver who is more than 50% at fault cannot recover from the other driver.
In a typical two-driver crash, a driver who is 50% or less at fault can still recover, with the award reduced by that driver’s percentage of fault. In multi-party cases, it depends on the fault assigned to the person or combined persons from whom recovery is sought. The change applies only to motor vehicle cases filed on or after the effective date.
A separate limitation may apply to certain at-fault drivers. Under Insurance Law § 5104(d), non-economic recovery, other than in death cases, may be capped at $100,000 for an at-fault driver who is not barred by CPLR § 1411 but was operating an uninsured vehicle, was impaired and convicted, or was operating in the commission of a felony and convicted.
Key Takeaway: Under the current version of CPLR § 1411, a motor vehicle claimant may be barred from recovery if the claimant’s fault is greater than the fault of the other party or the combined fault of the parties from whom recovery is sought.
When Can You Sue Beyond No-Fault in New York?
No-fault benefits cover basic economic losses, but they do not compensate you for pain and suffering. To pursue those non-economic damages in a lawsuit against the at-fault driver, your injuries must clear the serious injury threshold defined in New York Insurance Law § 5102(d).
What Injuries Qualify as “Serious” Under New York Law?
Insurance Law § 5102(d) lists specific categories of injury that meet the definition. Your injury may qualify if it involves any of the following:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
Whether an injury meets one of these categories is often disputed, and medical documentation is central to proving it.
What Damages Can You Recover in a Serious Injury Lawsuit?
In New York, car accident victims may recover various forms of compensation depending on the circumstances of their case. Compensation is divided into economic and non-economic damages.
Economic damages represent the calculable financial impact of the accident and are verifiable through records and receipts. They typically include:
- Medical expenses
- Future medical costs
- Rehabilitation costs
- Lost wages
- Diminished earning capacity
- Property damage
- Assistive services
- Other out-of-pocket costs
Non-economic damages compensate victims for the intangible effects of an accident, which often include emotional and psychological suffering. Unlike economic damages, these losses are harder to quantify but are just as significant. They commonly include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium
Key Takeaway: Clearing the serious injury threshold under Insurance Law § 5102(d) is the key to recovering pain-and-suffering damages, because no-fault PIP alone does not compensate for non-economic losses.
What Happens When No-Fault Benefits Run Out?
Serious injuries can easily push your bills past the $50,000 PIP limit. When you exhaust your basic no-fault benefits, several additional sources of compensation may still be available.
The most common sources of additional coverage include:
| Source of Coverage | What It Pays For | When It Applies |
|---|---|---|
| Additional PIP (Optional PIP) | Additional medical expenses, lost wages, and other covered economic losses | If you purchased optional PIP coverage or qualify under another applicable auto policy |
| Health Insurance | Medical treatment not covered by exhausted PIP benefits | After no-fault benefits have been exhausted, subject to your health insurance policy |
| Liability Claim Against the At-Fault Party | Economic damages not covered by PIP, and, if the serious injury threshold is met, non-economic damages such as pain and suffering | When another party is legally responsible and recovery is permitted under CPLR § 1411 |
Key Takeaway: If your medical bills exceed $50,000, Additional PIP, your health insurance, or a lawsuit against the responsible driver can cover costs your no-fault policy will not.
How Is Fault Determined in a New York Car Accident?
Insurers and courts determine fault by evaluating the four elements of negligence: duty, breach, causation, and damages.
Every driver on the road has a legal obligation, referred to as the “duty of care,” to operate their vehicle in a manner that protects the safety of others. This duty requires drivers to follow traffic laws, remain attentive, and make safe driving decisions. A breach occurs when a driver fails to act in accordance with that standard of care, such as speeding, running a red light, driving while intoxicated, or texting while driving.
Causation is the next element, because it directly connects the negligent behavior to the crash. The court must determine that the breach of duty directly led to the accident rather than some unrelated factor. Finally, the injured party must prove that the accident caused their injuries, which ties the at-fault driver’s conduct to the physical harm suffered. Insurance companies often argue that injuries existed before the crash, which is why prompt medical treatment and thorough records matter.
What Evidence Best Supports a Partial At-Fault Claim?
Even if you bear some responsibility for the accident, strong evidence can reduce the share of fault assigned to you. Helpful evidence includes:
- Clear photos of vehicle positions, damage, road conditions, traffic signs, and skid marks
- Names, phone numbers, and statements from independent witnesses
- An accurate police report that records the facts and conditions
- Medical records that link your injuries directly to the collision
- Any available video from traffic or nearby security cameras
Witnesses can offer impartial observations that highlight factors outside your control or suggest the other driver was more at fault. Preserving this evidence early can meaningfully lower your assigned fault percentage.
Car Accident Attorneys in Brooklyn – Kucher Law Group
Samantha Kucher, Esq.
Samantha Kucher is a founding partner of Kucher Law Group who has dedicated her career to representing people injured by negligence. She handles car accidents and other personal injury claims, helping clients challenge insurance companies and pursue the compensation they deserve after serious injuries disrupt their lives.
A graduate of New York University and New York Law School, Samantha prepares every case thoroughly, communicates closely with her clients, and advocates aggressively to achieve the best possible outcome through settlement or litigation.
Michael Roitman, Esq.
Michael Roitman is a founding partner of Kucher Law Group and an experienced trial attorney who represents victims of car accidents, catastrophic injuries, and other complex personal injury claims. He has recovered seven-figure settlements and verdicts by building strong cases and presenting them effectively in negotiations and at trial.
Licensed to practice in New York and several federal courts, Michael combines courtroom experience with a strategic approach to litigation, tailoring every case to help clients pursue the compensation they need to move forward.
Alex Rybakov, Esq.
Alex Rybakov,a founding partner of Kucher Law Group, has represented injured New Yorkers for more than a decade. He handles car accidents, truck accidents, motorcycle accidents, workplace injuries, and other negligence claims, guiding clients through every stage of the legal process while protecting their rights.
After earning his Juris Doctor from Seton Hall Law School, Alex built a practice focused exclusively on personal injury law. He investigates every case thoroughly, keeps clients informed throughout the process, and develops practical strategies to help clients recover fair compensation for their injuries.
How Long Do You Have to File a Claim in New York?
Different deadlines apply to different parts of your case, and confusing them can cost you your benefits. For a personal injury lawsuit arising from a car accident, CPLR § 214 sets a three-year statute of limitations that runs from the date of the accident. A suit filed after that window, whether in Kings County Supreme Court or elsewhere, is usually dismissed as untimely.
The no-fault deadlines are much shorter and separate from the lawsuit deadline, so it is important to keep track of both. Keeping these timelines straight helps ensure you do not forfeit one type of compensation while pursuing another.
Get Help from a Brooklyn Car Accident Attorney
If you were involved in a crash and are worried about being partly at fault, you still have options to pursue compensation under New York law. The right steps and the right guidance can make a difference in what you recover, even when responsibility is shared.
At Kucher Law Group, Brooklyn car accident lawyers Samantha Kucher, Michael Roitman, and Alex Rybakov represent injured drivers throughout Brooklyn and understand how insurers try to shift blame to reduce payouts. Our team can explain how the law applies to your case, advocate for a fair allocation of fault, and pursue the compensation available under New York law.
Call Kucher Law Group at (929) 563-6780 for a free consultation. Our office is located at 463 Pulaski St #1c, Brooklyn, NY 11221, and we serve injured clients across Brooklyn and the surrounding area.
Frequently Asked Questions
Can I get PIP benefits if I caused the accident in New York?
Yes. No-fault personal injury protection pays your basic medical bills and a portion of your lost wages regardless of who caused the crash, up to the $50,000 policy limit. You must report the claim to your insurer within 30 days to preserve these benefits.
What is the serious injury threshold in New York?
The serious injury threshold in Insurance Law § 5102(d) lists the injuries that let you sue the at-fault driver for pain and suffering. Qualifying categories include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, and significant limitation of use of a body function or system.
Can I recover pain and suffering if I was 40% at fault?
Under the current version of CPLR § 1411, a driver who is not more at fault than the party or parties being sued may still pursue a liability recovery, reduced by that driver’s percentage of fault. Your award would be reduced by your fault percentage, so a 40% share of fault typically reduces your pain-and-suffering recovery by 40%. You would still need to clear the serious injury threshold to pursue those damages.
What if the other driver has no insurance?
If the other vehicle is uninsured or unidentified, you may be able to file a no-fault claim through a household relative’s auto policy. If no such policy exists, you can turn to the Motor Vehicle Accident Indemnification Corporation (MVAIC). An attorney can help identify which source of coverage applies to your situation.
Does a police report determine who is at fault in New York?
No, a police report does not by itself decide legal fault, but it is influential evidence. Insurers and courts weigh it alongside photos, witness statements, and expert analysis when allocating fault. An accurate, detailed report can help keep your assigned percentage of fault lower.
How does the 2026 comparative negligence change affect my case?
For motor vehicle cases filed on or after May 26, 2026, a driver who is more than 50% at fault can no longer recover damages and is limited to no-fault benefits. Drivers at 50% or less can still recover, reduced by their fault percentage. Pure comparative negligence continues to apply to non-vehicle injury claims.
How long does a New York car accident claim take to settle?
The timeline varies widely depending on the severity of your injuries, whether fault is disputed, and how the insurer responds. Straightforward claims may resolve in a few months, while serious injury cases that head toward litigation can take much longer. Your attorney can give a more specific estimate once your medical treatment and the evidence are further along.
