Frequent questions of New York City law about traffic accidents

Questions to try

• Who is liable for a car accident?The owner's liability for anyone driving with permission (VTL § 388), the rear-end rule, and drivers' duty of care toward pedestrians.
• Who is at fault in a rear-end collision?Following too closely (VTL § 1129), and a prima facie case of negligence against the rear driver in a collision with a stopped vehicle (Tutrani v County of Suffolk).
• What counts as a serious injury?The definition in Insurance Law § 5102(d) as amended in 2026, without the 90/180-day category.
• What counted before 2026?The same question for a lawsuit started in 2025: the 90/180-day category still counted.
• Does my share of fault matter?In no-fault cases commenced since May 26, 2026, someone more at fault than the defendants recovers nothing (CPLR 1411(b)); otherwise shared fault reduces damages.
• Is a rental car company liable?Not merely because it owns the car, if it was not itself negligent, under the federal Graves Amendment (49 USC § 30106).
• Must drivers yield to pedestrians?Right of way in and outside crosswalks (VTL §§ 1151 and 1152) and drivers' duty of due care (§ 1146).
• When must I notify the no-fault insurer?Written notice within 30 days of the accident (11 NYCRR 65-1.1).
• What if a City vehicle was involved?A notice of claim within 90 days and a lawsuit within one year and 90 days (General Municipal Law §§ 50-e and 50-i).

Why you can check it

• Quoted word for word. Every answer quotes the statute or court decision it relies on and links to the source.
• Dated. Each rule shows when it took effect and when it stopped applying, so you can see the law on the date that matters to you.
• Open about its limits. If a question is outside what is covered, or a record is not fully verified, the page says so. No record has yet been reviewed by a New York lawyer.

What's covered

Vehicle-to-vehicle and pedestrian accidents in New York City: no-fault benefits and the 30-day notice, the serious injury threshold before and after the 2026 amendments (Insurance Law §§ 5102 and 5104), comparative fault (CPLR 1411 and 1412), owner liability (Vehicle and Traffic Law § 388) and the federal rule for rental companies, rear-end collisions, pedestrian right of way, rideshare, and the time to sue, including claims against the City.

Dataset 2026.10.25: 25 propositions, 16 authorities, 6 cases. 0 records not yet fully verified. What is and isn't covered.

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