New York operates under a dual system combining no-fault insurance with fault-based litigation rules for severe injuries.
1. New York No-Fault (PIP) Insurance
New York requires drivers to carry at least $50,000 in **Personal Injury Protection (PIP)**. Your PIP coverage pays for medical care, prescription drugs, psychiatric costs, and up to 80% of lost earnings (up to $2,000 per month) regardless of fault. Claims must be filed with your insurer within 30 days of the crash.
2. Serious Injury Threshold
To step outside the no-fault system and sue the at-fault driver for pain and suffering, your injuries must meet the statutory definition of a **serious injury** (e.g. fracture, dismemberment, permanent limitation of use of a body organ, or 90/180 day disability).
3. Comparative Negligence & Statute of Limitations
New York is a **pure comparative negligence** state (like California). The statute of limitations for filing a lawsuit against an at-fault driver is **three (3) years** from the crash date, except for claims against government entities, which require a Notice of Claim within 90 days.