More than 250,000 traffic accidents are reported every year in the state of New York — more than 680 accidents every single day. The New York State Department of Health estimates that these crashes result in more than 136,000 emergency room visits annually. Even when you are the driver who caused the accident, the steps you take in the minutes, days, and weeks that follow can significantly affect your legal and financial exposure.

A Bronx car accident attorney can offer guidance whether you were the injured party or the at-fault driver. This post focuses on what to do — and what to expect — when the crash was your fault.

What Are the First Steps to Take After Any Traffic Accident?

Even if you momentarily lost focus and caused an accident, it is not the end of the world. Taking the right steps immediately after the crash can limit your financial exposure and reduce the stress that comes with being the at-fault driver.

In New York, two things are required of every driver after a collision: seek medical attention if injured, and report the accident.

Seek medical attention first. Your health is the priority. Some serious injuries — including traumatic brain injuries and internal bleeding — present minimal symptoms immediately after impact and worsen significantly without treatment. Whether or not you feel hurt, see a doctor.

Report the accident to the DMV. Under New York law, if the accident resulted in any injury, any death, or more than $1,000 in property damage to any single person’s property, every driver involved must file a Report of Motor Vehicle Crash (Form MV-104) with the New York State Department of Motor Vehicles within ten days of the accident. Failure to file can result in suspension of your driver’s license.

If the accident injured or killed anyone, you must also notify the police immediately. Leaving the scene of an accident that causes personal injury or death is a Class E felony in New York, punishable by fines and jail time.

What Auto Insurance Coverage Is Required in New York?

New York law requires every registered vehicle to carry the following minimum auto insurance coverage, as confirmed by the NY DMV Insurance Requirements page:

  • Liability coverage of $25,000 for bodily injury to one person per accident
  • Liability coverage of $50,000 for bodily injury to two or more persons per accident
  • Property damage liability: $10,000
  • Personal Injury Protection (PIP): $50,000

New York is a no-fault insurance state, which means your own PIP coverage pays your medical costs and a portion of your lost wages after an accident — regardless of who caused the crash.

How Does PIP Coverage Work When You Are At Fault?

With the required $50,000 in PIP coverage, most injured drivers and passengers can receive the medical treatment they need without having to file a claim against the at-fault driver. However, there is a critical deadline: you must report the accident to your insurance company and submit your no-fault benefits application within 30 days of the accident. Missing that deadline can result in a denial of all PIP benefits.

If you are the at-fault driver and your own medical costs exceed the $50,000 PIP limit, any health insurance you carry will cover the additional costs. The same rule applies to anyone injured by your negligence — their own PIP policy covers their initial costs up to the limit.

For a detailed explanation of how no-fault coverage intersects with personal injury claims in New York, see our Bronx car accident attorney page.

What Happens if You Injured Someone and They File a Claim Against You?

Under New York’s no-fault system, an injured party can step outside no-fault and bring a personal injury claim directly against you only if their injuries meet the serious injury threshold defined by New York Insurance Law Section 5102(d).

As of May 26, 2026, the qualifying categories of serious injury under §5102(d) are:

  • Death
  • Dismemberment
  • Significant disfigurement
  • A fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system

The 90/180-day category was eliminated effective May 26, 2026 for all newly filed actions, as confirmed by the New York Department of Financial Services in Insurance Circular Letter No. 3 (2026). This change narrowed the circumstances under which an injured party can sue an at-fault driver for pain and suffering — but the remaining categories still cover a wide range of serious injuries.

If someone injured in your accident meets the threshold and files a personal injury claim against you, your auto insurance company takes over. Their adjusters and attorneys will negotiate a settlement on your behalf, and if no settlement is reached, your insurer’s lawyers will represent you in court. You are not on your own.

If a judgment against you exceeds your $25,000 per-person bodily injury liability limit, however, you would be personally responsible for the difference out of pocket. This is one of the most important reasons to carry liability coverage above the state minimum. The New York State Department of Financial Services provides guidance on available coverage options for New York drivers.

What Is New York’s Pure Comparative Fault Rule?

Most traffic accidents are not entirely one driver’s fault. When both drivers share some degree of responsibility for a collision, New York applies the pure comparative fault rule.

Here is how it works. In a personal injury trial, the jury determines two things:

  1. The total dollar amount of damages sustained by the injured party
  2. The percentage of fault that belongs to each driver

The injured party’s award is then reduced by their own percentage of fault.

For example: suppose a jury determines your total damages — medical bills, lost wages, property damage, and pain and suffering — amount to $100,000, but finds you were 40 percent at fault for the collision. Under New York’s pure comparative fault rule, you would receive $60,000 — 60 percent of the total award.

What If You Were More Than 50 Percent at Fault?

Unlike most states, New York does not bar recovery when the injured party is more than 50 percent at fault. Even if a jury finds you were 60 percent responsible for the accident, you are still entitled to 40 percent of your total damages.

Even in the most extreme scenario — a jury finding you 99 percent at fault — you are technically entitled to recover 1 percent of your damages. At the same time, you would be responsible for 99 percent of the other driver’s damages.

This rule applies in courtrooms and it also guides how insurance claims adjusters evaluate and negotiate settlements. It is one of the reasons having an experienced attorney involved — on either side of the claim — can make a meaningful difference in the outcome.

If your accident involved property conditions that contributed to the crash, such as a defective roadway or construction debris, a premises liability claim may also be relevant to your situation. Similarly, if the crash occurred while you were working, a workplace injury attorney can explain how workers’ compensation interacts with a personal injury claim.

How Can a Personal Injury Law Firm in the Bronx Help?

After any accident with injuries in New York — whether you were the at-fault driver or the injured party — the most important step you can take is to speak with an experienced Bronx personal injury attorney as soon as possible.

An attorney will explain where you stand legally, what your rights and options are, and how New York’s no-fault rules, the serious injury threshold, and the pure comparative fault rule apply to your specific situation. That knowledge is valuable whether you are worried about a claim being filed against you or trying to understand what compensation you may be entitled to.

If you were hurt in a traffic crash, or if you caused one and are concerned about your legal exposure, call the Law Offices of Thomas J. Lavin at 718-829-7400 or 800-394-4216 for a free consultation. You can also reach us through our Contact Page. We serve clients throughout the Bronx, Brooklyn, and all of New York State, and we never charge a fee until you receive compensation.