New York at a glance
New York allows three years to sue for personal injury[1] and two years for wrongful death.[2] Claims against public corporations such as cities and counties require a notice of claim within 90 days[3] and a lawsuit within one year and 90 days.[4] New York uses pure comparative fault[5] and is a no-fault state.[6]
Filing deadlines
Personal injury: CPLR § 214(5)
The following actions must be commenced within three years: […] 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;
Source: [1]
Wrongful death: EPTL § 5-4.1
Such an action must be commenced within two years after the decedent’s death
Source: [2]
Notice of claim: General Municipal Law § 50-e
the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises
Source: [3]
After the notice is served, General Municipal Law § 50-i requires the lawsuit to be “commenced within one year and ninety days after the happening of the event upon which the claim is based; except that wrongful death actions shall be commenced within two years after the happening of the death.”[4]
Shared fault
CPLR § 1411
the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.
Source: [5]
No-fault auto insurance
New York auto policies must provide first-party (no-fault) benefits,[7] covering “basic economic loss” of up to $50,000 per person.[8] In no-fault states, a lawsuit against the at-fault driver for pain and suffering is generally allowed only when the injury meets a threshold;[6] in New York, that threshold is a “serious injury” as defined in Insurance Law § 5102(d).[8]
One category of “serious injury”: Insurance Law § 5102(d)
a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Source: [8]
The New York DMV lists minimum liability coverage of $25,000 for bodily injury and $50,000 for death for one person, $50,000 for bodily injury and $100,000 for death for two or more people, and $10,000 for property damage.[9]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- New York Civil Practice Law and Rules § 214. New York State Senate. https://www.nysenate.gov/legislation/laws/CVP/214
- New York Estates, Powers and Trusts Law § 5-4.1. New York State Senate. https://www.nysenate.gov/legislation/laws/EPT/5-4.1
- New York General Municipal Law § 50-e. New York State Senate. https://www.nysenate.gov/legislation/laws/GMU/50-E
- New York General Municipal Law § 50-i. New York State Senate. https://www.nysenate.gov/legislation/laws/GMU/50-I
- New York Civil Practice Law and Rules § 1411. New York State Senate. https://www.nysenate.gov/legislation/laws/CVP/1411
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
- New York Insurance Law § 5103. New York State Senate. https://www.nysenate.gov/legislation/laws/ISC/5103
- New York Insurance Law § 5102. New York State Senate. https://www.nysenate.gov/legislation/laws/ISC/5102
- New York State Department of Motor Vehicles. “Insurance requirements.” https://dmv.ny.gov/insurance/insurance-requirements
Sources last checked: October 11, 2026
