Updated July 2026 to reflect the May 26, 2026 change to New York's "serious injury" threshold.
Car insurance in New York City is both a legal requirement and real protection. You are driving in one of the densest, most expensive traffic environments in the country. Every vehicle registered in New York must carry three coverages: liability, no-fault (Personal Injury Protection), and uninsured motorist coverage. Most people never read their policy closely until after a crash. By then, confusion about how these coverages work can affect whether they recover the money they are owed.
This guide covers what New York law requires and the optional coverages worth adding. It also explains the rules that apply to NYC drivers, how to keep coverage from lapsing, the penalties for driving uninsured, and what to do after a crash. Special vehicle types get their own section: motorcycles, for-hire vehicles, bicycles, and out-of-state cars. It closes with a FAQ section covering the 2026 update to New York's serious-injury threshold.
This article provides general information, not legal advice. Every accident is different. The sections below on the serious-injury threshold in particular can affect real decisions, so consult an attorney about your specific situation.
What Car Insurance Is Required by Law in New York?
New York requires three things on every auto policy. First, liability insurance: at least $25,000 per person and $50,000 per accident for injuries, plus $10,000 for property damage. Second, no-fault/PIP coverage: $50,000 per person for your own medical bills and lost wages. Third, uninsured motorist coverage at the same 25/50 minimum. You cannot register a car in New York without all three.
These are the floor, not a recommendation. The sections below explain what each coverage does, where the legal minimum leaves dangerous gaps, and why many NYC drivers carry more.
Minimum Insurance Requirements in New York State
New York's Financial Security Act (Vehicle and Traffic Law Article 6) sets the mandatory coverages. According to the New York DMV, a policy on a registered vehicle must include the following.
Bodily injury liability: $25,000 per person and $50,000 per accident. If an accident results in a death, those figures rise to $50,000 per person and $100,000 per accident. This is the coverage commonly written as "25/50."
Property damage liability: $10,000 per accident. Combined with the injury figures, the full shorthand for New York's minimum is "25/50/10."
No-fault (Personal Injury Protection): a minimum of $50,000 per person. This pays your own medical bills and part of your lost earnings regardless of who caused the crash.
Uninsured motorist (UM) coverage: mandatory, at the same 25/50 minimum. It protects you when the at-fault driver has no insurance.
Remember that these are legal minimums only. In a city where medical care and litigation cost a lot, a single serious injury can exhaust a $25,000 liability limit almost instantly. Many New York drivers carry higher limits, such as 50/100/50 or 100/300/50, because the statutory minimum offers thin protection when a crash is severe. New York's Department of Financial Services (DFS) regulates insurers. It notes that higher liability limits and supplementary uninsured/underinsured limits are widely available and often modestly priced for the protection they add.
Types of Car Insurance Coverage in New York
Beyond the three mandatory coverages, New York policies bundle several optional protections. Knowing what each one does, and does not, cover is the difference between a smooth claim and one that leaves you paying out of pocket.
Liability Insurance
Liability coverage pays for injuries and property damage you cause to others. It does not pay for your own injuries or your own vehicle. It usually includes a "duty to defend." That means your insurer provides and pays for a lawyer if you are sued over a covered accident, up to your policy limits. Liability must stay in force the entire time your vehicle is registered. There is no legal way to keep a registered car on the road without it.
Personal Injury Protection (No-Fault)
New York is a no-fault state. Your own PIP coverage pays your accident-related medical bills and part of your lost income regardless of who was at fault. Under DFS's no-fault rules, the standard $50,000 in PIP benefits covers:
- Reasonable and necessary medical expenses
- 80% of lost earnings, up to $2,000 per month, for up to three years
- Up to $25 per day for other reasonable expenses (such as hiring help for household tasks), for up to one year
- A $2,000 death benefit payable to the estate
No-fault covers you, your passengers, pedestrians you strike, and resident relatives who don't carry their own auto policy. A critical deadline applies. You must file a written no-fault application (form NF-2) with the insurer within 30 days of the accident. This deadline has been in place since a 2002 amendment to New York's no-fault regulation (Regulation 68) and remains unchanged. Missing it can jeopardize your benefits.
Drivers who want more protection can add Additional PIP or Optional Basic Economic Loss (OBEL) coverage, which raise the dollar limits. One important exclusion: motorcyclists are not covered by no-fault and cannot buy PIP on a motorcycle policy in New York.
What's in this video?
An explanation of how medical bills get paid after a New York car accident, including how no-fault/PIP coverage steps in regardless of who caused the crash.
Uninsured and Underinsured Motorist Coverage (UM/SUM)
Uninsured motorist (UM) coverage pays for your bodily injuries in two situations: when an uninsured driver hits you, or when you are the victim of a hit-and-run within New York State. Supplementary Uninsured/Underinsured Motorist (SUM) coverage extends that protection two ways. It fills the gap when the at-fault driver's liability limits are too low to cover your injuries. It can also apply to certain out-of-state accidents.
Under DFS rules, insurers must offer SUM coverage equal to your own bodily-injury liability limit by default. So if you carry 100/300 liability, you are typically offered 100/300 SUM unless you choose less. Because so many drivers carry only the state minimum, strong UM/SUM coverage is one of the most valuable protections an NYC driver can hold.
Some people are struck by a vehicle with no applicable insurance and have no policy of their own to turn to. For pedestrians and others in that situation, the Motor Vehicle Accident Indemnification Corporation (MVAIC) can serve as a fund of last resort.
Collision Coverage (Optional)
Collision coverage pays to repair or replace your own vehicle after a crash, regardless of fault, minus your deductible. If your car is leased or financed, the lender almost always requires it. In a city with constant stop-and-go traffic and many minor collisions, collision coverage is worth serious consideration even when it isn't required.
Comprehensive Coverage (Optional)
Comprehensive coverage pays for damage to your car from non-collision causes: theft, vandalism, fire, flood, hail, falling objects, animal strikes, and glass breakage. Given NYC's higher rates of theft and vandalism, comprehensive coverage is often a sensible add-on. As with collision, lenders and lessors typically require it on financed or leased vehicles.
Other Optional Coverages
New York policies also offer several smaller add-ons:
- Medical Payments (MedPay): supplemental medical coverage that can layer on top of PIP
- Accidental Death & Dismemberment (AD&D): a lump-sum benefit for specified serious outcomes
- Towing and labor: roadside assistance
- Rental reimbursement: a rental car while yours is repaired
- Gap insurance: covers the difference between what you owe on a loan or lease and your car's actual cash value if it is totaled
What's Covered? A Quick Comparison
| Coverage | Pays For | Required? |
|---|---|---|
| Liability (BI/PD) | Others' injuries and property you damage | Yes |
| No-Fault (PIP) | Your own medical bills and lost wages, any fault | Yes |
| Uninsured Motorist (UM) | Your injuries from an uninsured/hit-and-run driver | Yes |
| SUM | Gap when at-fault driver's limits are too low | Offered by default |
| Collision | Your vehicle after a crash, any fault | Optional (often lender-required) |
| Comprehensive | Theft, vandalism, fire, weather, glass | Optional (often lender-required) |
| MedPay / gap / rental | Supplemental medical, loan gap, rental car | Optional |
Unique Rules and Considerations for NYC Drivers
Driving in New York City adds several rules and risks on top of the statewide requirements.
You must use a New York-licensed insurer. An out-of-state policy is not accepted for a New York-registered vehicle. If you move to New York and register your car here, you must get coverage from an insurer licensed in the state.
The name on the policy must match the registration exactly. New York's electronic insurance verification system compares the two. A mismatch can trigger a lapse notice even when coverage genuinely exists.
You must carry proof of insurance (a paper or electronic insurance ID card) and produce it on request. Using or presenting a false insurance card is a misdemeanor.
Coverage must be continuous. New York's Insurance Information and Enforcement System (IIES) tracks lapses in real time by matching insurer reports against registration records. Even a car that is parked and never driven must stay insured as long as it is registered. (Motorcycles are the notable exception, discussed below.)
City density raises your risk profile. Higher accident, theft, and vandalism rates are the practical reason collision and comprehensive coverage make sense for many NYC drivers, even though the state doesn't require them.
For-hire and rideshare vehicles follow different rules. Taxis, liveries, and rideshare vehicles operating in the city fall under New York City Taxi and Limousine Commission (TLC) requirements. These set higher liability minimums than a personal-auto policy: $100,000 per person and $300,000 per accident. TLC also sets its own no-fault requirements for these vehicles. A standard personal auto policy generally excludes commercial and rideshare use, so drivers using their cars for hire need the right commercial or TLC coverage.
Garaging and low-mileage discounts may be available depending on where the vehicle is kept and how much it is driven. It is worth asking your insurer about them.
Getting and Maintaining Insurance Coverage
Getting insured. You must buy coverage from a New York-licensed insurer. DFS oversees all of them. Insurance must be in place before you register the vehicle, and the insurer reports your coverage electronically to the DMV.
Staying insured, continuously. Because IIES tracks coverage in real time, a lapse is flagged quickly. New York treats short and long lapses very differently:
- Lapses of 90 days or fewer: you can usually resolve the matter by paying a civil penalty on a per-day schedule. The rate is $8 per day for days 1 through 30, $10 per day for days 31 through 60, and $12 per day for days 61 through 90. This option is capped at 90 days. It is also unavailable if you already used a civil penalty for another lapse within the prior 36 months.
- Lapses longer than 90 days, or repeat lapses within 36 months, generally require surrendering your license plates. They can also lead to registration and license suspension.
Best practice: never leave a gap. Do not cancel an old policy until you have surrendered the plates (if you're taking the car off the road) or the new policy is active that same day. Even one day uninsured on a registered vehicle is a violation.
If you can't get coverage in the standard market, the New York Automobile Insurance Plan (NYAIP) exists to help. It is the state's assigned-risk plan, administered through AIPSO, and it insures drivers who have been turned away by regular insurers.
Multi-car and multi-driver households should list all regular drivers on the policy. They can often earn multi-car discounts.
Penalties for Driving Without Insurance in New York
Driving uninsured in New York carries steep consequences. Under Vehicle and Traffic Law § 319 and related DMV rules:
- Fines range from $150 to $1,500 for a first offense. Jail of up to 15 days is legally possible, though rare.
- License and registration revocation for at least one year follows a conviction for driving without insurance.
- A $750 civil penalty is required to reinstate your driving privileges after a no-insurance revocation.
- Towing and impound are real risks if you are stopped while uninsured.
- Personal financial exposure is the biggest danger. While uninsured, you have no PIP to pay your own medical bills and no UM protection. You are personally responsible for the costs of any accident you cause.
- Presenting a fake insurance card is a separate misdemeanor.
- Even parking an uninsured registered vehicle on a public street is illegal. The duty to insure attaches to registration, not to driving.
What to Do After a Car Accident in NYC
If you are in a collision, take these steps in order:
- Stop at the scene. Leaving is a violation, and if anyone is injured, potentially a crime.
- Check for injuries and call 911 if anyone is hurt or the roadway is blocked.
- Exchange information with the other driver: name, address, driver's license number, vehicle registration number, and insurer and policy number.
- Show your insurance ID card if police respond.
- Document the scene. Photograph the vehicles, positions, damage, road conditions, and any visible injuries. Collect witness names and contact information.
- Do not admit fault. Statements at the scene can be used against you later. Stick to exchanging information and cooperating with police.
- File a DMV accident report (form MV-104) within 10 days if anyone was injured or killed, or if property damage tops $1,000.
- Notify your insurer promptly. Remember the 30-day no-fault filing deadline for your PIP application.
- Understand the claims paths. Your own collision coverage repairs your car regardless of fault. A third-party claim pursues the at-fault driver's liability coverage for your injuries and losses.
- Follow up on repairs and keep copies of every record, bill, and communication.
- Consider a legal consultation if injuries are serious or fault is disputed.
What's in this video?
A walkthrough of the steps to take at the scene of a New York car accident, from checking for injuries to exchanging information and documenting the scene.
What's in this video?
Common mistakes drivers make after a New York car accident, and how avoiding them can protect an injury claim.
Special Cases: Motorcycles, Commercial Vehicles, and Non-Auto Vehicles
Not every vehicle follows the standard passenger-car rules.
Motorcycles. Liability insurance is required, but motorcycles are excluded from New York's no-fault system. There is no PIP on a motorcycle policy. Riders may drop coverage during the off-season without surrendering their plates, an exception to the continuous-coverage rule. Because no-fault (and therefore the serious-injury threshold) does not apply to motorcyclists, an injured rider can generally sue an at-fault driver from the first dollar. The rider does not have to clear the threshold that applies to car occupants.
Commercial and for-hire vehicles. Taxis and liveries must meet TLC minimums. Transportation Network Companies (Uber, Lyft) must carry substantial coverage: $1.25 million in uninsured/underinsured motorist coverage statewide while the app is on. Inside NYC, TLC-specific rules primarily govern for-hire vehicle insurance. Personal auto policies typically exclude commercial and rideshare use, which is why drivers-for-hire need the right commercial or TLC coverage.
Non-motor vehicles (bicycles, e-bikes, e-scooters). These do not require, and cannot obtain, auto insurance. A cyclist's own liability for damage they cause may fall under a homeowner's or renter's policy. Importantly, pedestrians and cyclists who are struck by a car are covered under that car's no-fault benefits.
Out-of-state vehicles. A car properly registered and insured in another state is generally honored while you are visiting. New York's roughly 30-day residency rule means that once you establish residency, you must register and insure the vehicle in New York. New York no-fault benefits can still apply in many situations through reciprocity provisions.
Legal Responsibilities and Insurance in Claims and Lawsuits
Owning and driving a car in New York carries legal duties that connect directly to your insurance.
The obligation to insure. VTL Article 6 requires that a registered vehicle stay insured and that you produce proof on request. Your policy's cooperation clauses also require you to report accidents and help your insurer's investigation. These duties line up with the legal requirement to stop and report after a crash.
Your no-fault rights and responsibilities. You have the right to PIP benefits regardless of fault. In return, you carry the responsibility of filing the NF-2 application within 30 days.
The "serious injury" threshold, updated for 2026. In a no-fault state, you generally cannot sue an at-fault driver for pain and suffering. (Pain and suffering are non-economic damages.) You can sue only if your injury meets the statutory definition of a "serious injury." That definition lives in New York Insurance Law § 5102(d), and it changed effective May 26, 2026.
Before that date, the statute included one more category. It covered injuries that left a person "unable to perform substantially all" of their usual daily activities for at least 90 of the 180 days after the accident. This was commonly called the "90/180-day" category. That category has been eliminated. As of the change, the remaining serious-injury categories require objective medical evidence of a permanent injury or significant functional limitation. The categories that qualify are:
- Death
- Dismemberment
- Significant disfigurement
- 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 practical effect is meaningful. A temporary but disruptive injury that once might have cleared the threshold under the 90/180-day rule no longer does. Every qualifying category now turns on objective medical proof of a permanent or significant injury.
This determination matters a lot. It can decide whether you may recover for pain and suffering at all. So it is exactly the kind of judgment call worth discussing with an attorney rather than relying on general information.
If you are sued. Your liability insurer generally defends you and pays covered damages up to your policy limits. Amounts above your limits are your personal responsibility. That is another reason many drivers carry more than the state minimum.
Subrogation, no double dipping. If your own insurer pays a claim, it may have a right to recover (subrogate) from the at-fault party. You generally cannot collect twice for the same loss.
No-fault fraud. Submitting false information on a no-fault claim is insurance fraud and carries serious criminal and civil penalties.
What's in this video?
An overview of the types of compensation available in a New York car accident case once an injury clears the "serious injury" threshold.
Two of our firm's own results show how the fracture category works in practice. In one matter, an 83-year-old pedestrian struck by a vehicle suffered multiple fractures; the case resolved for $1,200,000. In another, a head-on collision left the injured driver with a fractured collarbone requiring surgery, resolving for $450,000. Both involved fractures, a category that continues to qualify as a "serious injury" after the 2026 change. Prior results do not guarantee a similar outcome.
Frequently Asked Questions
What car insurance is required by law in New York?
New York requires liability coverage (at least $25,000 per person/$50,000 per accident for injuries and $10,000 for property damage), no-fault/PIP coverage ($50,000 per person), and uninsured motorist coverage (25/50 minimum) on every registered vehicle. You cannot register a car in the state without all three.
What happens if I let my car insurance lapse in NYC?
For a lapse of 90 days or fewer, you can usually pay a per-day civil penalty ($8/$10/$12 per day depending on how long the lapse ran). Longer lapses, or a repeat lapse within 36 months, generally require surrendering your plates and can lead to registration and license suspension.
Does car insurance in NYC cover pedestrians or cyclists I might hit?
Yes. New York's no-fault coverage extends to pedestrians and cyclists struck by an insured vehicle. Their basic medical expenses are covered under the car's PIP benefits regardless of fault, up to the standard $50,000 no-fault limit.
Can I use out-of-state insurance on a car registered in NYC?
No. A New York-registered vehicle must be insured by a New York-licensed insurer, and the name on the policy must match the registration. Out-of-state coverage does not satisfy New York's requirement once you register the car here.
Is no-fault insurance the same as liability coverage?
No. No-fault (PIP) pays your own medical bills and lost wages regardless of who caused the crash. Liability coverage pays for injuries and property damage you cause to others. Both are mandatory in New York, but they protect different people.
Can someone sue me even if I have insurance?
Yes. Insurance does not prevent a lawsuit. In a car-occupant injury case, the injured person must show a "serious injury" under Insurance Law § 5102(d) to sue for pain and suffering. As of May 26, 2026, the former 90/180-day category no longer counts. Your liability insurer defends you and pays covered damages up to your policy limits; amounts above your limits are your personal responsibility.
Do I need collision or comprehensive coverage?
Neither is legally required, but a lender or lessor will almost always require both on a financed or leased car. Given NYC's high rates of minor collisions, theft, and vandalism, many drivers carry both even when they aren't required.
What should I do right after a car accident in NYC?
Stop, check for injuries and call 911 if needed, exchange information, document the scene, and avoid admitting fault. File a DMV MV-104 report within 10 days if there is injury, death, or more than $1,000 in property damage. Notify your insurer, and keep the 30-day no-fault filing deadline in mind.
Can I suspend my insurance if I'm not using the car?
Not while the car is registered. New York requires continuous coverage on any registered vehicle, even one that is parked and unused. To legally stop coverage, surrender the plates first. Motorcycles are the exception. Riders may drop off-season coverage without surrendering plates.
What if I can't afford car insurance?
If regular insurers have turned you down, the New York Automobile Insurance Plan (NYAIP), the state's assigned-risk plan, is designed to provide coverage. Driving uninsured is not a lawful alternative. It exposes you to fines, revocation, and full personal liability for any crash.
What counts as a "serious injury" in New York after the 2026 law change?
As of May 26, 2026, New York Insurance Law § 5102(d) no longer includes the 90/180-day "unable to perform usual activities" category. Qualifying categories now include death, dismemberment, significant disfigurement, fracture, loss of a fetus, and permanent or significant limitation of use of a body organ, member, function, or system. Each requires objective medical proof of a permanent or significant injury, so review your case with an attorney.
Sources & Official Resources
New York Laws Cited
- Vehicle and Traffic Law Article 6 — Motor Vehicle Financial Security Act
- Vehicle and Traffic Law § 319 — Penalties for Operating Without Insurance
- Insurance Law § 5102(d) — Definitions, "Serious Injury"
New York Regulations Cited 4. 11 NYCRR 65 — No-Fault Regulation 68 (Full Text)
Statistics & Requirements Sources 5. DFS — Minimum Auto Insurance Requirements 6. DFS — FAQ: Consumer Questions About No-Fault Insurance 7. DFS — FAQ: Questions About No-Fault Regulation 68 8. DFS — Trouble Getting Coverage (NYAIP / Assigned Risk) 9. NY DMV — Pay an Insurance Lapse Civil Penalty 10. NY DMV — Insurance Lapses 11. NY DMV — MV-104 Report of Motor Vehicle Crash (Form) 12. NYC TLC — Vehicle Insurance Requirements
Helpful Resources 13. MVAIC — Motor Vehicle Accident Indemnification Corporation 14. NY DMV — File a Motorist Crash (Accident) Report
Contact The Orlow Firm
If you have been injured in a car accident in New York City, one of the most important questions is whether your injury clears the "serious injury" threshold. That standard changed on May 26, 2026 and now requires objective medical proof of a permanent or significant injury. The Orlow Firm has helped injured people throughout Queens and New York City understand their rights and pursue the compensation they deserve for over 40 years.
Call (646) 647-3398 for a free consultation. We work on contingency, so you pay no fee unless we win your case.
This article provides general information and is not legal advice. Every accident scenario can have nuances, and the law described here can change. Contact an attorney to discuss your specific situation.








