What is the definition of a car accident?

A car accident — also called a motor vehicle accident, auto accident, or vehicular accident — is any incident involving a motor vehicle that results in property damage, physical injury, or death. That covers everything from a low-speed fender bender in a parking lot to a multi-vehicle pileup on the Long Island Expressway.

The term sounds straightforward, but in New York the legal definition matters more than the dictionary definition. How your accident is classified affects which insurance rules apply, what compensation you can pursue, and whether you can file a lawsuit at all. New York is a no-fault insurance state, which means the legal framework around car accidents works differently here than in most of the country.

The legal definition under New York law

New York does not have a single statute that defines "car accident." Instead, the legal concept is built from several overlapping laws:

Vehicle and Traffic Law (VTL) governs the rules of the road and reporting requirements. Section 600 requires drivers involved in accidents resulting in injury or death to stop, provide information, and report the incident. Section 605 requires DMV reporting for any accident involving injury, death, or property damage over $1,000.

Insurance Law Sections 5101-5109 — New York's no-fault law — defines the insurance framework for motor vehicle accidents. Under this law, "motor vehicle" includes cars, trucks, buses, motorcycles, and any other vehicle required to carry no-fault insurance. This is the law that requires your own insurer to pay your medical bills and lost wages (up to $50,000) regardless of who was at fault.

Insurance Law Section 5102(d) defines "serious injury" — the threshold you must meet before you can sue the other driver. This is one of the most litigated provisions in New York personal injury law, and our firm has handled hundreds of cases involving this exact issue.

The practical takeaway: not every collision qualifies as a "car accident" in the legal sense, and not every car accident entitles you to the same remedies. The specifics of your situation determine your rights.

Types of car accidents

Car accidents fall into categories based on how the collision happens. The type of accident often correlates with the severity of injuries and the complexity of determining fault.

Rear-end collisions

The most common type of car accident in the United States. The National Highway Traffic Safety Administration (NHTSA) estimates rear-end crashes account for about 29% of all motor vehicle crashes. In New York, the trailing driver is presumed at fault unless they can demonstrate the lead driver did something sudden and unexpected — like slamming their brakes for no reason or reversing without warning. This is a rebuttable presumption, not an absolute rule, and we have seen cases go both ways.

T-bone (side-impact) collisions

These happen most often at intersections when one driver runs a red light or fails to yield. T-bone accidents cause some of the most serious injuries because the side of a vehicle provides far less structural protection than the front or rear. Doors, even with side-impact airbags, absorb less force than crumple zones. Broken ribs, pelvic injuries, and traumatic brain injuries are common.

Head-on collisions

The deadliest type of car accident. According to the Insurance Institute for Highway Safety (IIHS), head-on crashes accounted for 57% of passenger vehicle occupant deaths in 2022. They typically happen when a driver crosses the center line — due to distraction, impairment, drowsiness, or losing control. On Long Island, head-on collisions are more common on undivided two-lane roads in eastern Suffolk County.

Sideswipe accidents

Two vehicles traveling in the same direction make contact. These are often caused by improper lane changes, failure to check blind spots, or drifting. Sideswipes at highway speeds — common on the LIE, Northern State, and Southern State Parkway — can lead to loss of vehicle control and secondary collisions.

Single-vehicle accidents

A car strikes a fixed object (tree, guardrail, utility pole) or rolls over without hitting another vehicle. These are not always the driver's fault. Defective road design, missing guardrails, poorly maintained roads, or mechanical failures can all contribute. Nassau County and Suffolk County both have stretches of road that are known for dangerous conditions.

Multi-vehicle pileups

Chain-reaction crashes involving three or more vehicles. These are common on highways during poor weather or heavy traffic. Determining fault in a multi-vehicle pileup is complex because each driver's actions must be evaluated independently. These cases almost always require attorney involvement to untangle the liability.

Pedestrian and bicycle accidents

When a motor vehicle strikes a pedestrian or cyclist, it is legally classified as a motor vehicle accident. The pedestrian or cyclist may be entitled to no-fault benefits from the vehicle's insurance policy. These cases carry distinct rules under New York law — see our page on pedestrian accidents and bicycle accidents for more detail.

Common causes of car accidents in New York

The New York DMV's annual crash data consistently points to the same leading causes:

Distracted driving is the leading cause of car accidents statewide. Texting, phone calls, GPS navigation, eating, and even adjusting the radio all qualify. New York VTL Section 1225-d prohibits the use of handheld electronic devices while driving, but enforcement has not eliminated the problem.

Speeding accounts for roughly 26% of all traffic fatalities nationally. On Long Island, the combination of high-speed parkways and sudden congestion creates dangerous conditions. The Southern State Parkway alone sees hundreds of accidents per year.

Drunk and impaired driving remains a persistent cause of serious and fatal crashes. New York has a legal BAC limit of 0.08% for drivers 21 and older, and a zero-tolerance policy for drivers under 21.

Failure to yield right of way — the single most-cited contributing factor in NYC crash reports. Intersections throughout Queens, Brooklyn, and the Bronx are particularly dangerous.

Tailgating and aggressive driving — following too closely gives you no time to react when the car ahead brakes. On the LIE during rush hour, this causes chain-reaction crashes daily.

Weather conditions — rain, ice, snow, and fog. New York gets an average of 50 inches of snow per year in some areas. Winter driving on Long Island, particularly on bridges and overpasses, is when single-vehicle accidents spike.

Injuries commonly caused by car accidents

The range of injuries from car accidents is enormous. Some are immediately apparent; others take days or weeks to manifest.

Soft tissue injuries

Whiplash, sprains, strains, and contusions. These are the most common car accident injuries and are also the most frequently disputed by insurance companies. The fact that soft tissue injuries do not show up on X-rays makes them easier for insurers to challenge, but they can cause chronic pain and lasting limitations.

Fractures and broken bones

Arms, wrists, ribs, legs, pelvis, and facial bones are all vulnerable in collisions. Fractures range from simple breaks that heal in weeks to complex fractures requiring surgery, hardware installation, and months of physical therapy.

Traumatic brain injuries (TBI)

Even a "minor" concussion from a car accident can have lasting cognitive effects. Moderate and severe TBIs can result in permanent disability. Symptoms may not appear immediately — headaches, confusion, mood changes, and memory problems can develop over days or weeks. If you hit your head or were jolted hard enough for your brain to impact the inside of your skull, get evaluated by a neurologist.

Spinal cord injuries

Herniated discs, bulging discs, spinal fractures, and in the worst cases, partial or complete paralysis. Spinal injuries from car accidents are among the most expensive to treat and the most life-altering.

Internal injuries

Organ damage, internal bleeding, and ruptured spleens can be life-threatening and are not always immediately obvious. The force of a seatbelt alone — which saves your life — can cause bruising to the chest and abdominal organs.

Psychological injuries

Post-traumatic stress disorder (PTSD), anxiety, depression, and driving phobia are real and documented consequences of car accidents. New York law recognizes psychological injuries as compensable damages when they result from a physical injury.

What to do after a car accident in New York

The actions you take in the first hours and days after a car accident directly affect your ability to recover compensation later. Here is what to do, in order:

1. Check for injuries and call 911. Even if the accident seems minor, having police respond creates an official record. The police accident report (MV-104AN) is often the single most important document in your case.
2. Move to safety if you can. If your vehicle is operable and blocking traffic, move it to the shoulder. Turn on hazard lights.
3. Exchange information. Get the other driver's name, license number, insurance company, policy number, and plate number. Give yours in return.
4. Document the scene. Photograph vehicle damage from multiple angles, the road, traffic signals, skid marks, debris, and weather conditions. Photograph the other driver's license and insurance card.
5. Get witness information. If anyone saw the accident, get their name and phone number. Witness testimony can be decisive when drivers give conflicting accounts.
6. Seek medical attention within 24 hours. Go to the emergency room or your doctor. Some injuries — especially soft tissue injuries and concussions — do not present symptoms immediately. An insurance company will use any gap in treatment against you.
7. File for no-fault benefits within 30 days. Under New York Insurance Law, you must apply for no-fault (PIP) benefits within 30 days of the accident. Miss this deadline and you lose coverage for medical bills and lost wages.
8. Do not give a recorded statement to the other driver's insurance company without speaking to an attorney first. Adjusters are trained to get you to say things that minimize your claim.
9. Contact a car accident attorney. Most personal injury attorneys offer free consultations and work on contingency — you pay nothing unless they recover money for you.

Damages you can recover after a car accident

In New York, car accident victims may be entitled to several categories of compensation:

No-fault (PIP) benefits — up to $50,000 for medical expenses, lost wages (80% of your salary up to $2,000/month), and other necessary expenses. These are available regardless of fault.

Pain and suffering — if your injuries meet the "serious injury" threshold under Insurance Law Section 5102(d), you can sue the at-fault driver for pain and suffering. The serious injury categories include: significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, and a medically determined injury that prevents you from performing substantially all of your daily activities for at least 90 of the 180 days following the accident.

Lost wages beyond PIP limits — if your lost income exceeds the no-fault cap, you can recover the excess from the at-fault driver.

Property damage — repair or replacement of your vehicle and any personal property damaged in the crash. New York is not a no-fault state for property damage — the at-fault driver's liability insurance pays.

Future medical expenses — if your injuries require ongoing treatment, surgery, or rehabilitation, you can claim future medical costs. This requires expert medical testimony to establish.

Loss of consortium — a spouse may have a separate claim for loss of companionship, affection, and household services resulting from your injuries.

New York's no-fault system explained

New York's no-fault insurance system confuses many people after an accident, so here is how it actually works:

Every car registered in New York must carry Personal Injury Protection (PIP) insurance, commonly called no-fault coverage. When you are injured in a car accident, you file a claim with your own insurance company — not the other driver's — for medical bills, lost wages, and certain other expenses, up to $50,000. This applies regardless of who caused the accident.

The tradeoff is that you cannot sue the other driver for pain and suffering unless your injuries qualify as "serious" under Section 5102(d). This threshold is the gatekeeper of personal injury lawsuits in New York, and insurance companies fight hard to argue that injuries do not meet it. Our firm has handled no-fault insurance disputes for years, and we know exactly what evidence is needed to cross that threshold.

Frequently asked questions