Vehicles

New York's no-fault auto insurance system requires your own insurance to pay for your medical expenses and lost wages after a car accident — regardless of who caused it — up to set limits.

After a car accident in New York, you’re entitled to up to $50,000 in no-fault benefits covering medical expenses, lost wages (up to 80% of earnings, max $2,000/month), and other reasonable expenses — regardless of who caused the crash.

You must file a no-fault insurance claim within 30 days of the accident in New York.

Yes, pedestrians hit by cars in New York are covered by no-fault insurance, regardless of fault, as long as the vehicle was operating in New York.

Yes, your insurance rates can increase after a no-fault claim in New York, even if you were not at fault — insurers may consider frequency and cost of claims when setting premiums.

In New York, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

In New York, DWI penalties depend on BAC level, prior offenses, and circumstances—but first-time offenders with BAC ≥0.08% face up to 1 year in jail, fines of $500–$1,000, and license revocation for at least 6 months.

No, you cannot legally refuse a breathalyzer test during a traffic stop in New York without serious consequences — refusal triggers automatic license suspension and may be used as evidence of guilt.

DWAI in New York means driving with your ability impaired by alcohol, drugs, or a combination — even if your BAC is below 0.08%. It’s a traffic violation, not a crime, but carries fines, license suspension, and possible jail time.

Yes, in New York, multiple DWI convictions can lead to permanent license revocation, especially after a third felony DWI conviction within 25 years.

An aggravated DWI in New York is a felony charge for driving with a BAC of 0.18% or higher, or for DWI with a child under 15 in the vehicle, carrying harsher penalties than standard DWI.

Leandra's Law makes it a felony to drive while intoxicated (DWI) with a child under 16 in the vehicle, carrying mandatory jail time and ignition interlock requirements.

Yes, you may be eligible for a conditional license after a DWI conviction in New York if you enroll in and comply with the Impaired Driver Program (IDP) and meet other strict requirements.

In New York, you must carry minimum liability insurance coverage of $25,000 for bodily injury per person, $50,000 per accident, and $10,000 for property damage.

Yes, New York's uninsured motorist (UM) coverage protects you in a hit-and-run crash — but only if the at-fault driver is unidentified and you report the incident to police within 24 hours.

Yes, in New York, your insurance company can reduce or deny your claim if you were partially at fault — especially under no-fault auto insurance, where benefits are limited and fault affects liability claims.

Yes, you can recover supplemental uninsured motorist (SUM) benefits beyond no-fault in New York if you have SUM coverage and the at-fault driver is uninsured or underinsured — but only after exhausting no-fault benefits and meeting statutory thresholds.

Yes, most vehicles in New York must pass a safety inspection every 12 months to be legally operated on public roads.

If your car fails New York's state inspection, you must repair the defects and have it re-inspected within 60 days—or risk fines, registration denial, or vehicle impoundment.

VTL § 388 creates a legal presumption that a vehicle owner consented to another person’s use of their car if that person was operating it with the owner’s permission — even if the permission was limited or informal.

Yes, texting while driving is illegal in New York under Vehicle and Traffic Law § 1225-d, which bans using a portable electronic device while operating a motor vehicle.

Yes, you can sue the other driver in New York if your injury meets the state's 'serious injury' threshold defined by law.

In New York, a 'serious injury' for car accident lawsuits includes death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss of use of a body organ or member, or a medically determined injury that prevents the injured person from performing substantially all of their usual activities for at least 90 days within 180 days of the accident.

Yes, you can be sued in New York for lending your car to an intoxicated driver under the state’s negligent entrustment doctrine and Vehicle and Traffic Law § 370.