Is New York a No-Fault State for Auto Insurance?

New York is a no-fault state for car insurance. This means New York drivers can file a claim with their own car insurance company, regardless of fault. The state also requires drivers to buy personal injury protection (PIP) coverage to help pay for medical expenses after an accident. For this reason, car insurance tends to be more expensive in New York and other no-fault states.1

Here’s what you should know about how fault works after an auto accident in New York.

New York is a ‘no-fault’ car insurance state

New York’s no-fault car insurance system requires drivers to carry PIP insurance. This allows both parties to file a claim with their car insurance company, regardless of who caused the car accident.

If you’re a driver in New York, your car insurance company may help cover the costs of medical bills, therapy, medications, rehab, and other healthcare expenses related to the accident. New York also requires uninsured motorist coverage, which can provide additional protection if an uninsured driver hits your vehicle or you have an injury from a hit-and-run accident.

What are shared fault rules in New York?

In New York, you may be able to receive compensation even if you’re partially responsible for a car accident due to the state’s pure comparative negligence rule. But the amount of money you can recover will depend on your portion of the fault. For example, if the accident led to $50,000 in damages, and you’re 50% liable for it, you’ll likely receive $25,000.

The less responsible you are for an accident, the more money you may potentially collect from the other at-fault parties, and vice versa. Note that other states use a contributory negligence system that doesn’t allow victims to recover compensation for their losses if they’re liable for an accident — even if they’re only 1% to blame, for example.2

At-fault vs. no-fault car insurance

In a no-fault state like New York, car insurance companies pay claims for their own policyholders. But in an at-fault insurance or tort state, the insurer of the at-fault driver covers the cost of the other party’s property damage and injuries.3

Here’s a brief overview of how these two systems differ.

The following 12 U.S. states currently operate under a no-fault system for car insurance:

• Florida

• Hawaii

• Kansas

• Kentucky

• Massachusetts

• Michigan

• Minnesota

• New Jersey

• New York

• North Dakota

• Pennsylvania

• Utah

Minimum car insurance requirements in New York

To drive legally in New York, you must at least have the following auto insurance coverages:

• Bodily injury liability: Drivers need $25,000 per person ($50,000 for the death of one person) and $50,000 per accident ($100,000 for the death of two or more people) in bodily injury liability coverage.

• Property damage liability: New Yorkers need $10,000 per accident in property damage liability coverage.

• Personal injury protection: Drivers in the state need to carry $50,000 in PIP coverage per accident.

• Uninsured motorist: In New York, drivers need uninsured motorist coverage in equal amounts to their liability coverage.1

Optional car insurance coverages in New York

Depending on your vehicle and financial situation, you may want to buy additional coverage beyond the minimum coverage required in New York.

Here are a few optional coverages to consider:

What to do in case of a car accident in New York

It’s important to know what to do in the event of a car accident. Understanding what steps you should take can make it easier for you to contact your local law enforcement and your insurance company and provide relevant information.

You can follow these steps after a car accident in the Empire State.

1. Seek medical attention if necessary

If you or a passenger has an injury from a car accident, it’s a good idea to receive a medical examination as soon as possible. This can occur at the scene of the incident or at a nearby hospital, depending on the severity of the injury. Even if you think you’re fine or your injury isn’t serious, medical care is essential, as it may take a few days for your symptoms to appear or fully develop.

2. Document the damage

Use your smartphone to take photos and videos of the accident scene and vehicle damage. The more evidence you have, the easier it’ll be for you to recover the fair and full compensation you may deserve.

3. Call the police

If the accident leads to an injury or death, New York law mandates that you call the police right away. But even if the accident doesn’t cause injuries, it’s in your best interest to contact the police. Law enforcement can file a police report that outlines the details of the accident. You may use this report to support your claim to your insurance company.

4. Reach out to your car insurance company and file a claim

Report the car accident to your insurance company as soon as possible, no matter who’s responsible. You can typically file a claim online or over the phone. While the claim process varies by car insurance company, you’ll likely need to share details about the accident and the other driver. For this reason, you should exchange information with the other driver.

5. Wait for your insurer

Lastly, your insurance company will review your claim and ask for further information if necessary. The insurance company will also distribute funds from your PIP coverage so you can pay for your medical expenses.

New York car insurance FAQs