The First 30 Days After a New York Car Accident

Most people know there is a time limit for bringing a lawsuit. Fewer know that after a car accident in New York, the first deadlines arrive within weeks, and that missing one can cost benefits you were otherwise entitled to.

Here is what the first month should look like.

Get medical care, and say how it happened

See a doctor promptly, even if you think you will feel better in a few days. Tell every provider that the injury came from a motor-vehicle accident. Two things depend on it: your care, and the medical record that will later show what the accident did to you.

Gaps in treatment are one of the first things an insurance company looks for. Consistent care and consistent records from the start matter more than almost anything you can do later.

The no-fault application: generally 30 days

New York is a no-fault state. Medical bills and a portion of lost earnings are paid by no-fault insurance regardless of who caused the crash (Insurance Law § 5103). Basic coverage is generally capped at $50,000 per person, and the lost-earnings portion has its own monthly limit (Insurance Law § 5102).

Those benefits are not automatic. Under the no-fault regulations, written notice of the claim generally must be given within 30 days of the accident (11 NYCRR 65-1.1). A late application can forfeit the benefits unless there is a clear and reasonable justification for the delay, so do not count on an exception. If you were a passenger or a pedestrian, the claim may belong with a different insurer than you would expect, so ask before assuming.

If a government vehicle or agency is involved: 90 days

If the other vehicle was a city bus, a sanitation truck, a police car, or any vehicle owned by a city, county, town, village, school district, or public authority, the rules are much stricter. A written notice of claim generally must be served within 90 days (General Municipal Law § 50-e), and the lawsuit itself usually must be started within one year and 90 days (General Municipal Law § 50-i).

Some public authorities are governed by their own statutes, with their own notice rules and deadlines. Ninety days pass quickly when you are recovering. If there is any chance a public entity is involved, treat this as the deadline that matters most.

Collect what will be hard to get later

While it is still fresh:

• Photographs of the vehicles, the scene, and your injuries
• Names and phone numbers of witnesses
• The police report number
• Receipts, and a record of the days of work you missed

Evidence has its own clock. Vehicles get repaired, camera footage is recorded over, and memories fade.

Be careful with the other driver's insurer

An adjuster for the other driver may call within days and ask for a recorded statement or a broad authorization for your medical records. You are not required to give a statement to someone else's insurance company, and it is wise to speak with a lawyer before you do. Your own insurer is different: report the accident to it promptly and cooperate as your policy requires.

What comes after the first month

Most negligence claims in New York must be started within three years of the injury (CPLR 214(5)). Recovering for pain and suffering from the driver who caused the crash also requires proof of a "serious injury" as the Insurance Law defines it (Insurance Law § 5102(d)), which is decided on the medical evidence.

Fault matters more than it used to. Under a law that took effect May 26, 2026, a person injured in a motor-vehicle accident who is found more at fault than the other driver, or than all of the defendants combined, recovers nothing (CPLR 1411(b)). Evidence of how the crash happened is worth preserving from day one.

Three years sounds like a long time. The deadlines above are the reason not to wait.

If you were hurt in a collision and are not sure which deadlines apply to you, call the office. The first conversation is free. For more on how these cases work, see Personal Injury.