# Coverage

This site gives general legal information about New York City law that comes up in everyday life. It is not legal advice. Each subject below says what it covers and what it doesn't.

## Sidewalk injuries

Who is liable when someone is hurt by a defective **public sidewalk in New York City**, and the notice rules and deadlines for claims against the City. Questions to try and every record are on the [sidewalk injuries page](https://agents.newyorkeverydaylawreference.com/sidewalk/).

### What is covered

- **Who is responsible for the sidewalk.** Since September 14, 2003, NYC Administrative Code § 7-210 makes the owner of the property next to a sidewalk responsible for keeping it reasonably safe, and liable for injuries when it isn't. Owner-occupied one-, two-, and three-family homes are exempt. The City is generally released from liability.
- **The rule before 2003.** Before § 7-210, the City rather than the property owner was generally liable.
- **Repairs.** Administrative Code § 19-152: owners must install and repair the sidewalk next to their property at their own cost.
- **Notice to the City.** Administrative Code § 7-201(c): the City generally can't be sued over a sidewalk defect unless it had prior written notice of it, which a Big Apple map can provide. There are two exceptions.
- **Deadlines for claims against the City.** General Municipal Law § 50-e (a notice of claim within 90 days) and § 50-i (a lawsuit within one year and 90 days). The general three-year limit for personal injury lawsuits (CPLR 214) is also listed.
- **Court decisions** on these rules: the Court of Appeals on prior written notice and its exceptions, tree wells, how strictly § 7-210 is read, and small ("trivial") defects, plus a few Appellate Division examples.

### What is not covered

- Anything other than NYC public sidewalks: streets, curbs, pedestrian ramps, and bus stops. (Accidents with vehicles in streets and crosswalks are under [traffic accidents](#traffic-accidents).)
- Claims against public bodies other than the City, such as the MTA or NYCHA.
- Snow and ice rules beyond the words of § 7-210 (for example, the "storm in progress" rule).
- How much compensation someone can recover and court procedure after the notice of claim.
- Every court decision. The cases here are a selection, not a complete list.

### Records not fully verified

Two 2026 Appellate Division decisions, and a proposition based on one of them, are marked "unverified candidate": the decisions' text has not yet been compared with the official reporter.

## Traffic accidents

The rules that come up after a **vehicle-to-vehicle or pedestrian accident in New York City**: no-fault benefits, when an injured person can sue, shared fault, who is liable, and deadlines. Questions to try and every record are on the [traffic accidents page](https://agents.newyorkeverydaylawreference.com/accidents/).

### What is covered

- **No-fault benefits.** Insurance Law § 5102: first-party benefits reimburse basic economic loss from an injury arising out of the use of a motor vehicle, up to $50,000 per person. The mandatory endorsement in 11 NYCRR 65-1.1 requires written notice to the insurer within 30 days of the accident.
- **The serious injury threshold.** Insurance Law § 5104: a lawsuit between covered persons for non-economic loss (pain and suffering) requires a serious injury. The definition in § 5102(d) is given as it stands today and as it stood before the 2026 amendments, which dropped the 90/180-day category. The Court of Appeals' requirement of objective medical proof (*Toure v Avis Rent A Car Systems*) is included.
- **The 2026 amendments.** Part EE of chapter 58 of the Laws of 2026 applies to lawsuits commenced on or after May 26, 2026, whatever the date of the accident. Besides the new definition, it adds modified comparative fault in these cases, a rule that fault is decided before serious injury, and a $100,000 limit on non-economic damages for an at-fault plaintiff who was driving uninsured, or was convicted of impaired driving or of a felony connected with the driving. For these rules, ask as of the date the lawsuit was (or would be) commenced.
- **Shared fault.** CPLR 1411 and 1412: fault reduces damages rather than barring them, the defendant must plead and prove the plaintiff's share, and a plaintiff seeking partial summary judgment on the defendant's liability need not show they were free of fault (*Rodriguez v City of New York*). Since May 26, 2026, in no-fault cases, someone more at fault than the defendants recovers nothing.
- **Who is liable.** Vehicle and Traffic Law § 388: an owner is liable for anyone driving with permission, which is presumed (*Murdza v Zimmerman*, *Country-Wide Ins. Co. v National R.R. Passenger Corp.*); fire and police vehicles are excepted. Under the federal Graves Amendment (49 USC § 30106), rental and leasing companies are not liable merely as owners (*Graham v Dunkley*).
- **Rules of the road.** Following too closely (VTL § 1129) and the rear-end rule (*Tutrani v County of Suffolk*); drivers' duty of due care toward pedestrians (§ 1146); right of way in and outside crosswalks (§§ 1151 and 1152).
- **Rideshare.** VTL § 1700: the state's transportation network company article (article 44-B) does not authorize prearranged pickups in New York City.
- **Deadlines.** CPLR 214 (three years for personal injury), and for claims against the City, General Municipal Law § 50-e (a notice of claim within 90 days) and § 50-i (a lawsuit within one year and 90 days).

### What is not covered

- No-fault benefit amounts, arbitration, and claim procedure beyond the 30-day notice.
- Uninsured and underinsured motorist coverage.
- The New York City Right of Way Law (Administrative Code § 19-190) and Taxi and Limousine Commission rules.
- Bus and subway accidents, and other claims against the MTA.
- How much compensation someone can recover (other than the 2026 limit) and court procedure after the lawsuit is commenced.
- Every court decision. The cases here are a selection, not a complete list.

## What to keep in mind

- **Not yet reviewed by a lawyer.** Every record is checked against its official source, but none has yet been reviewed by a New York lawyer.
- **Questions outside this coverage get an honest answer.** The answer says so instead of guessing. Questions about your own situation get general information only; for those, talk to a lawyer.

## How current it is

Each source shows the date it was retrieved, and each record the date it was last checked. The law can change after those dates, so confirm anything you rely on against the official text. The site is updated in dated releases; the current release is shown on each subject page.
