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Personal Injury Law

Car, Truck & Motorcycle Accident Claims

Articles on New York car, truck and motorcycle accident claims: liability, police reports, uninsured motorist coverage, comparative fault, and how first-party benefits and the serious injury threshold fit together.

249 articles from 2019–2026 · 247 current · 0 reviewed case notes · by Jason Tenenbaum

Current articles

Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.

How the firm handles these matters

Older archive

Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.

2026 (166)
2025 (29)
2024 (2)
2023 (1)
2019 (1)

Frequently asked questions

What should I do immediately after a car accident in New York?

Get medical care first, then protect the claim. Vehicle and Traffic Law § 605(a) requires a written report to the Commissioner of Motor Vehicles within ten days when anyone is injured or property damage exceeds $1,000. Your first-party benefits, which pay medical bills and lost earnings, depend on written notice to the insurer within 30 days after the accident, proof of claim for health services within 45 days, and proof of lost earnings within 90 days, under the endorsement in 11 NYCRR 65-1.1. The insurer must send you the application, form NF-2, within five business days of your notice under 11 NYCRR 65-3.4(b). Keep every document.

Can I sue the other driver after a car accident in New York?*

You can sue the other driver for negligence, but Insurance Law § 5104(a) limits what a covered person recovers from another covered person: no basic economic loss, the first $50,000 paid as first-party benefits under Insurance Law § 5102(a), and no non-economic loss, meaning pain and suffering, without a serious injury under Insurance Law § 5102(d). Law changed May 26, 2026: for actions commenced on or after that date, Insurance Law § 5102(d) no longer includes the 90/180-day category and new CPLR 1411(b) bars recovery when your fault exceeds the other side's; earlier actions keep the 90/180 category and the pure comparative rule.

How does comparative fault work in New York car accident cases?*

Under CPLR 1411(a), your own culpable conduct does not bar recovery; the damages otherwise recoverable are diminished in the proportion your culpable conduct bears to the culpable conduct that caused the damages. If a jury finds you 30 percent at fault, the award is reduced by 30 percent. The defendant must plead and prove your fault under CPLR 1412. Law changed May 26, 2026: new CPLR 1411(b) bars recovery in a motor-vehicle personal injury action subject to Article 51 of the Insurance Law when the claimant's culpable conduct exceeds the defendants' combined, for actions commenced on or after that date; earlier actions keep the pure comparative rule.

* The law on this point has changed. The answer states the change, its effective date, and which claims the earlier rule still governs. Answers reviewed against the statutes and decisions in force as of September 2026.

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