US-New YorkAm I covered by no-fault if I'm a pedestrian hit by a car?
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.
What the Law Says
New York’s no-fault insurance law guarantees medical and lost wage benefits to pedestrians injured by motor vehicles — even if they’re not in a car.
Under New York law, 'pedestrians' are explicitly included as 'covered persons' under the state’s mandatory no-fault insurance system. This means if you’re walking and hit by a car in New York, you’re entitled to no-fault benefits from the insurer of the vehicle that struck you — or, if multiple vehicles are involved, from the insurer of the first vehicle listed in the police report.
No-fault benefits cover up to $50,000 per person for reasonable and necessary medical expenses, lost earnings (80% of wages, up to $2,000/month), and other out-of-pocket costs like transportation to medical appointments. Benefits are paid regardless of who caused the accident.
You must file your no-fault application (Form NYS DFS-10) with the responsible insurer within 30 days of the accident — or provide written notice within that time if the form isn’t yet available. Failure to meet this deadline can result in denial of benefits unless 'extreme hardship' is proven.
Statutory TextEvery owner of a motor vehicle required to be registered in this state shall maintain security for payment of first party benefits… which shall provide for payment of basic economic loss sustained by an eligible injured person as a result of personal injuries arising out of the use or operation of a motor vehicle in this state.
— New York Insurance Law § 5103(a)(1) — Required security for payment of first party benefits
Statutory Text‘Eligible injured person’ means… a pedestrian struck by a motor vehicle…
— New York Insurance Law § 5102(e) — Definitions
What to Do
Seek medical attention immediately — even if injuries seem minor — and tell providers you were hit by a car in NY.
File a no-fault claim with the at-fault driver’s insurance company within 30 days using Form NYS DFS-10.
Keep all medical bills, receipts, and proof of lost wages — submit them promptly to the insurer.
If your claim is denied or delayed, contact the NYS Department of Financial Services (DFS) Consumer Hotline at 1-800-342-3736.
If injuries are serious (e.g., fracture, disfigurement, significant limitation), consult a lawyer before settling — you may still sue for pain and suffering beyond no-fault.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.