What Happens if You’re At-Fault in an Accident in New York?
Last Updated on January 26, 2026
Even careful drivers can end up in a crash—weather changes, traffic stops short, or one quick distraction turns into a collision. If you’re in an accident in New York and it’s determined you were at-fault, the consequences usually involve two separate tracks: (1) no-fault benefits for injuries, and (2) liability claims for the other person’s losses.
Below is a practical guide to how New York’s rules work, what the other driver can pursue, and what you should do immediately after a crash.
At a Glance
- No-Fault Pays First: In New York, your PIP/no-fault coverage typically handles many injury-related expenses regardless of who caused the crash.
- At-Fault Still Matters: Fault drives property damage claims, liability exposure, and whether a lawsuit can proceed beyond New York’s thresholds.
- Minimum Limits Can Be Risky: State minimums may not cover a serious injury claim or a newer vehicle’s repair costs, leaving you exposed above your limits.
- Deadlines Are Strict: Prompt notice to your insurer and timely DMV reporting can protect your eligibility for benefits and reduce claim disputes.
- How New York’s No-Fault System Works
- When Being At-Fault Still Matters in New York
- New York Minimum Auto Insurance Requirements (As of 2026)
- How Fault Is Determined After a Crash
- How Your Insurance May Change After an At-Fault Crash
- What to Do After an Accident in New York State
- FAQs on At-Fault Accidents in New York
How New York’s No-Fault System Works
New York is a no-fault state for many injury-related expenses. That means after most crashes, you typically start with your own insurer for “no-fault” (Personal Injury Protection, or PIP) benefits—regardless of who caused the accident. New York’s Department of Financial Services (DFS) and the New York DMV explain the required coverages and minimum limits here: NY DFS auto insurance guide and NY DMV insurance requirements.
What No-Fault (PIP) Pays For
PIP generally helps pay for reasonable and necessary medical treatment and certain related losses (like a portion of lost earnings) up to the policy limits. In New York, basic no-fault coverage is required up to $50,000 per person (subject to policy terms and eligibility rules). To start the process, follow your carrier’s claim steps and documentation requirements—this guide can help you understand the flow: how to file a claim after an accident.
Quick tip: New York’s no-fault rules include strict notice requirements (often a 30-day written notice window). Send notice promptly, keep copies, and follow up in writing after phone calls.
What No-Fault Does Not Cover
No-fault does not automatically pay for everything. It usually does not pay for vehicle repairs to your car (that’s typically collision coverage or out-of-pocket), and it does not guarantee payment of “pain and suffering” damages. Also, you generally can’t buy or change coverage retroactively once a crash has happened—here’s why: backdated car insurance after an accident.
When Being At-Fault Still Matters in New York
Even in a no-fault state, fault is still a big deal—especially for property damage, liability claims, and lawsuits that cross New York’s thresholds. If you’re at-fault, your policy’s liability coverages are what protect you financially (up to your limits) when the other party makes a claim against you.
| Loss After a Crash | Who Usually Pays First | Where Fault Matters Most |
|---|---|---|
| Your medical bills (typical injuries) | Your PIP/no-fault coverage | Usually not for initial PIP payment |
| Other person’s car repairs | Your property damage liability (if you’re at-fault) | Yes—fault drives liability |
| Your car repairs | Your collision coverage (if purchased) or you | Sometimes (subrogation can depend on fault) |
| Other person’s pain and suffering | Your bodily injury liability (if thresholds are met) | Yes—threshold + fault |
| Legal defense costs | Your insurer (if covered claim) | Yes—triggered by liability claim |
Property Damage and Vehicle Repairs
If you caused the accident, the other driver can typically pursue a property damage claim against you through your insurer—up to your policy limits. Learn how this coverage works here: property damage protection coverage in New York. If your limits are too low, you could be personally responsible for amounts beyond your coverage.
Lawsuits and the Serious Injury Threshold
New York’s no-fault law limits lawsuits for non-economic damages (like pain and suffering) unless the injured person meets the state’s “serious injury” threshold (or exceeds basic economic loss). You can read the legal definitions in New York Insurance Law here: Insurance Law §5102 (definitions) and Insurance Law §5104 (lawsuits). If a claim rises to that level, your bodily injury liability coverage is typically what responds—up to your limits.
It’s also worth understanding how optional coverages fit into injury claims in New York, especially if someone is hurt: medical payments coverage in New York (availability and interaction with PIP can vary by insurer and scenario).
New York Minimum Auto Insurance Requirements (As of 2026)
Minimum limits are the legal starting point—not a guarantee your coverage will be enough after a serious crash. For the most current requirements, rely on the NY DMV and NY DFS consumer resources linked above.
| Coverage Type | What It Protects | Minimum Required in New York |
|---|---|---|
| No-Fault (PIP) | Medical expenses and certain losses for covered injuries | $50,000 per person |
| Bodily Injury Liability | Injuries you cause to others (lawsuits/claims) | $25,000 per person / $50,000 per accident (injury); $50,000 per person / $100,000 per accident (death) |
| Property Damage Liability | Damage you cause to other people’s property | $10,000 per accident |
| Uninsured Motorist (BI) | Your injuries if hit by an uninsured driver (and certain hit-and-run claims) | $25,000 per person / $50,000 per accident |
Your liability limits are what protect you if you’re at-fault and the other party makes a claim. If you want a deeper breakdown of how liability coverage works in New York, start here: auto liability insurance coverage in New York.
How Fault Is Determined After a Crash
Fault decisions usually come from a mix of evidence: the police report, photos/video, vehicle damage patterns, witness statements, and insurer investigations. Claims professionals—often including an insurance claims adjuster—review the facts and apply New York law and policy language to decide how the claim should be handled.
How Your Insurance May Change After an At-Fault Crash
Any accident can affect your premiums, but an at-fault collision typically has a bigger impact—especially if there are injuries, substantial payouts, or a serious violation involved. This overview explains why insurers can adjust premiums after crashes: can my insurance company raise my premium due to an accident.
How much your rate changes depends on underwriting factors like your driving history, claim severity, where you live, and rating characteristics. For broader context on what influences pricing, see: increase in insurance rates and do auto insurance rates go up with age. If you’re looking for a practical range discussion and what carriers consider, start here: how much does car insurance go up after an accident.
In more serious situations—like repeated at-fault losses or major violations—your insurer may choose not to renew or may cancel in accordance with New York insurance rules: can your car insurance company cancel your coverage. If that happens, you may need alternative options such as high-risk driver insurance.
If the crash involved distracted driving, you may also be dealing with separate legal consequences that can worsen the insurance impact: penalties for texting and driving in New York.
What to Do After an Accident in New York State
Whether you think you’re at-fault or not, the post-crash steps are similar. Focus on safety, documentation, and meeting reporting/claim deadlines.
- Check for injuries and call 911. Request police and medical help if anyone is hurt.
- Document the scene. Take photos/video of damage, positions, weather/road conditions, and visible injuries (if appropriate). Get witness contact info.
- Exchange information. Driver’s license, plate, insurance details, and contact info.
- Cooperate with police, but avoid guessing. Provide factual statements; don’t argue fault at the scene.
- Notify your insurer quickly. Ask what forms and documentation they need and submit items promptly.
A police report can be an important piece of evidence for both claims and liability decisions. (And if you’re a law enforcement officer, there may be policy-level discount considerations depending on the insurer: police officers auto insurance discounts.)
Quick tip: New York drivers often must file a DMV crash report (MV-104) within 10 days if there’s an injury, death, or more than $1,000 in property damage. Missing the deadline can create avoidable complications.
For a New York-specific reporting rundown, see: how long you have to report a car accident in New York. You can also review the DMV’s instructions and forms here: NY DMV crash report guidance and MV-104 form (PDF).
Insurance note: Coverage rules and claim handling can vary by policy and situation. If there’s significant injury exposure or a dispute about fault, consider speaking with a qualified attorney and your insurance professional.