Pedestrian accident claims in New York
A person on foot has no protection at all in a collision, which is why these cases so often involve fractures, head injuries and long recoveries. New York City's widest and busiest arterial roads run straight through dense residential neighborhoods, and crossings on them are where a great many of these collisions happen.
How New York's no-fault system affects your claim
New York is a no-fault state, and a pedestrian is squarely inside that system. Insurance Law §5102(j) defines a “covered person” to include any pedestrian injured through the use or operation of an insured motor vehicle. Basic medical expenses and a portion of lost earnings are generally paid without regard to who caused the collision, up to the policy's basic limits. Which insurer pays depends on the circumstances, and the application deadlines are short.
No-fault does not cover pain and suffering. To bring that claim against the driver, New York generally requires that the injury meet the “serious injury” threshold defined in Insurance Law §5102(d): 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, or significant limitation of use of a body function or system.
New York has since removed the former “90/180-day” category, so a temporary inability to perform your usual activities no longer qualifies on its own, and the threshold turns on objective medical evidence of a permanent or significant injury. That change applies to actions commenced on or after May 26, 2026, which is a question of when a case is filed rather than when the collision happened. An older collision that has not yet been filed is affected by it.
What we do
We collect the police report, any available intersection or business camera footage, and the medical records, and we deal with the insurers so you are not doing it while you are hurt. We look for every source of coverage, including underinsured motorist coverage on a household policy, which people often do not realize they have.
If a bus or a city vehicle was involved
A collision involving a city agency or a transit authority follows different rules. A notice of claim is generally required within 90 days under General Municipal Law §50-e, well before the ordinary deadline, and missing it can end the claim before it begins.
Deadlines
Most personal injury actions in New York must be started within three years of the collision under CPLR 214, with the shorter public-entity deadlines above where an agency is involved. No-fault applications have their own much shorter deadlines.
Queens-specific pages
If you were struck in Queens, our Queens pedestrian accident page covers the borough specifically.
Frequently asked questions
Does no-fault cover me if I was walking?
Yes. Insurance Law §5102(j) defines a covered person to include any pedestrian injured through the use or operation of an insured motor vehicle, so basic medical and lost earnings benefits are generally available without regard to fault. Which insurer pays depends on the circumstances, and the application deadlines are short.
What is New York's serious injury threshold?
To sue for pain and suffering after a motor vehicle collision, the injury must meet the serious injury threshold in Insurance Law §5102(d), such as a fracture, significant disfigurement, or a permanent or significant limitation. The former 90/180-day category was removed for actions commenced on or after May 26, 2026, so the threshold turns on objective medical evidence. That date is about when a case is filed, not when the collision happened.
What if a city bus was involved?
Claims involving a city agency or a transit authority generally require a notice of claim within 90 days under General Municipal Law §50-e, well before the ordinary three-year deadline, and missing it can end the claim.
