Is New York a No-Fault State?
Last Updated on February 5, 2026
New York is a no-fault state for most injury claims after a car accident. That means you typically turn to your own policy’s personal injury protection (PIP) benefits first, regardless of who caused the crash. For a broader breakdown of how no-fault systems work, see this no-fault insurance guide.
However, “no-fault” doesn’t mean nobody is ever at fault. New York still uses fault-based rules for vehicle and property damage, and you can sometimes step outside no-fault and pursue the other driver for pain and suffering if you meet New York’s legal threshold.
- No-Fault Applies to Injuries, Not Car Damage: In New York, PIP generally pays injury-related economic losses first, while vehicle/property damage is still handled through fault-based claims and coverages.
- $50,000 Basic PIP Is Mandatory: NY requires at least $50,000 per person in no-fault (PIP) benefits, with specific sub-limits for lost wages and other expenses.
- Deadlines Can Make or Break a Claim: Late notice or missing proof-of-claim timeframes can lead to denials or disputes—start the claim process quickly after an accident.
- You Can Sometimes Sue, But There’s a Threshold: Pain-and-suffering lawsuits are usually limited to “serious injury” cases (or when losses exceed the statutory cap), so most minor injuries stay within no-fault.
- Minimum Car Insurance Requirements in New York
- What “No-Fault” Means in New York
- What New York PIP Covers
- No-Fault Claim Deadlines to Know
- When You Can Sue Outside New York No-Fault
- Exclusions and Common No-Fault Coverage Issues
- Pros and Cons of New York’s No-Fault System
- Final Word: Is New York a No-Fault State?
- FAQs on New York No-Fault Insurance
Minimum Car Insurance Requirements in New York
New York law requires drivers to carry PIP (no-fault), liability coverage, and uninsured motorist protection. You can verify the current minimums through the New York Department of Financial Services (DFS) and the New York DMV.
| Coverage Type | What It Helps Pay For | Minimum Required in NY |
|---|---|---|
| No-Fault (PIP) | Injury-related economic losses (medical, lost income, certain expenses) | $50,000 per person (basic no-fault) |
| Bodily Injury Liability | Other people’s injuries if you cause a crash | $25,000 injury / $50,000 death (one person); $50,000 injury / $100,000 death (two+ people) |
| Property Damage Liability | Other people’s property damage (like their car) | $10,000 per accident |
| Uninsured Motorist (UM) Bodily Injury | Your injuries if you’re hit by an uninsured (or hit-and-run) driver | $25,000 per person / $50,000 per accident (minimum) |
To learn the basics of required coverages, see what PIP insurance is, how auto liability works, and whether uninsured motorist coverage is worth it.
What “No-Fault” Means in New York
New York no-fault (PIP) is designed to pay certain economic losses quickly after an accident—without waiting for an insurer to investigate fault. In most cases, you submit injury-related bills and paperwork to your own insurer first.
No-fault does not pay for: damage to vehicles, pain and suffering, or other non-economic losses. Those are handled through property damage liability, collision coverage, and/or a liability claim against the at-fault driver (depending on your situation).
What New York PIP Covers
New York’s basic no-fault benefits provide up to $50,000 per person for “basic economic loss.” These benefits commonly include accident-related medical care and a portion of lost income, subject to policy terms, DFS fee schedules, and certain statutory offsets.
| PIP Benefit | What It Can Include | Common NY Basic Limits |
|---|---|---|
| Medical & Rehab | Reasonable and necessary accident-related care | Part of the $50,000 basic economic loss limit |
| Lost Wages | A portion of earnings you miss due to injuries | Up to 80% of lost earnings, capped at $2,000/month for up to 3 years |
| Other Necessary Expenses | Accident-related expenses like transportation to care | Up to $25/day for up to 1 year |
| Death Benefit | Payable to the estate of a covered person | $2,000 (in addition to the $50,000 limit) |
If you’re trying to understand what pays for medical bills, rehab costs, or lost wages after a crash, PIP is usually the starting point in New York.
In many situations, no-fault is considered primary for accident-related treatment—meaning it generally pays before traditional health insurance for covered services (rules can vary, especially with work-related crashes and certain benefit coordination situations). For more on billing order, see health insurance vs. car insurance after an accident.
Quick tip: New York no-fault has strict paperwork timing. If you’re hurt, notify the appropriate insurer and start the PIP claim process as soon as you can—delays can create coverage disputes.
No-Fault Claim Deadlines to Know
Deadlines matter in no-fault. While exceptions can apply with proper justification, New York rules commonly reference the following timeframes:
| Step | Typical Deadline | What This Means |
|---|---|---|
| Notify the no-fault insurer of the accident | Within 30 days | Initial notice to start the no-fault claim |
| Submit proof of claim for medical bills | Within 45 days of services | Medical providers/claimants generally must submit timely proof |
| Submit proof of claim for lost wages/other expenses | Within 90 days of the loss/expense | Work loss and other expenses have their own timing rules |
| Insurer payment timing (once proof is received) | Commonly 30 days | Benefits can be considered overdue if not paid timely after proper proof |
When You Can Sue Outside New York No-Fault
New York limits lawsuits for pain and suffering after a car accident. In general, you must meet New York’s “serious injury” threshold (or exceed the basic economic loss cap) to pursue non-economic damages against an at-fault driver.
New York’s serious injury categories include items like fractures, significant disfigurement, loss of a fetus, certain permanent limitations, and the well-known “90/180 day” category. If you’re unsure whether your injuries qualify, it may help to talk with a qualified attorney about whether you can be sued (or sue) after a crash and what the threshold means for your case.
Exclusions and Common No-Fault Coverage Issues
No-fault isn’t automatic for every situation. Coverage disputes often involve eligibility, late notice, or statutory exclusions.
- Motorcycles: In New York, motorcycle operators and passengers are generally excluded from no-fault benefits (different rules can apply for pedestrians struck by a motorcycle).
- Intoxication defenses: No-fault exclusions for intoxication can be complicated and typically depend on whether impairment contributed to the accident.
- Uninsured vehicles or stolen vehicles: Eligibility can be limited if the vehicle is uninsured or stolen (fact patterns matter).
Quick tip: If you’re injured on a motorcycle in New York, don’t assume PIP applies. Confirm your benefits path quickly (health insurance, MedPay if available, and/or a liability claim) to avoid delays in treatment billing.
Pros and Cons of New York’s No-Fault System
No-fault can speed up access to medical and wage benefits, but it also limits when you can sue for pain and suffering. Another tradeoff: no-fault states can have higher premiums in some markets, depending on claim frequency, medical costs, and fraud controls. Here’s a deeper look at whether no-fault states are more expensive.
Final Word: Is New York a No-Fault State?
Yes. New York is a no-fault state for most injury-related claims after auto accidents, meaning PIP benefits under your own policy are usually the first stop for medical bills and certain economic losses. Property damage still follows fault-based rules, and lawsuits for pain and suffering are generally limited to cases that meet New York’s legal threshold.
Because coverage details and deadlines can be strict, review your policy declarations and contact your insurer (or a qualified professional) soon after a crash. Rules can vary by situation and can change over time.
