Being hit by a car as a pedestrian in New York City is a frightening experience — and the decisions you make in the hours and days afterward can significantly affect your ability to recover compensation. New York's streets are among the busiest in the country, and pedestrian accidents happen every day across all five boroughs.
This guide explains the steps you should take after a pedestrian accident, how New York's insurance and injury laws generally apply, and what to expect if you decide to pursue a claim. This is legal information, not legal advice — for guidance specific to your situation, speaking with a licensed personal injury attorney in New York, NY is the most reliable path forward.
What Should You Do Immediately After Being Hit by a Car?
The most important things to do right after a pedestrian accident are to get medical help, stay at the scene if you can, and start documenting everything. Even if you feel okay in the moment, adrenaline can mask serious injuries, so a medical evaluation is always the right first step.
- Call 911 so police and emergency responders can come to the scene
- Accept medical attention or go to an emergency room as soon as possible
- Get the driver's name, license plate, insurance information, and driver's license number
- Collect contact information from any witnesses nearby
- Take photos of the scene, your injuries, the vehicle, and any traffic signals or crosswalk markings
- Do not apologize or say anything that could be interpreted as admitting fault
Why Does a Police Report Matter So Much?
A police report creates an official record of the accident and is often one of the first documents an insurance company or attorney will request. In New York City, when police respond to a pedestrian accident, they file a report that can include witness statements, the officer's observations, and any citations issued to the driver. Request a copy of this report as soon as it becomes available through the NYPD or the applicable precinct.
If police did not respond to the scene, you can still file a report yourself. An attorney can advise you on the best way to document the accident given your specific circumstances.
How Does New York's No-Fault Insurance System Apply to Pedestrians?
New York is a no-fault insurance state, which means that after a car accident, your own auto insurance policy's Personal Injury Protection (PIP) coverage may pay certain medical bills and lost wages — regardless of who caused the crash. As a pedestrian who does not own a car, you may be able to claim no-fault benefits through the driver's insurance policy or through other available coverage.
No-fault benefits in New York are generally subject to specific dollar limits and filing deadlines. Missing those deadlines can affect your ability to receive benefits, so it is worth speaking with an attorney quickly after your accident. An attorney can confirm the rules that apply to your case.
Can You Sue the Driver Who Hit You?
In many pedestrian accident cases in New York, you may have the right to file a personal injury lawsuit against the driver who caused your injuries — but New York law requires that your injuries meet a certain threshold of severity before you can step outside the no-fault system to sue. Qualifying injuries often include serious conditions such as fractures, significant scarring, permanent limitation of a body part, or injuries that prevent you from performing daily activities for a substantial period of time.
A local personal injury attorney can review your medical records and the facts of your accident to assess whether your injuries likely meet this threshold under New York law.
What If the Driver Who Hit You Was Uninsured or Fled the Scene?
If the driver was uninsured or left the scene — a hit-and-run — there are still options that may allow you to recover compensation. New York requires insurers to offer Uninsured Motorist (UM) coverage, and the Motor Vehicle Accident Indemnification Corporation (MVAIC) exists specifically to provide a path to compensation for pedestrians who are hit by uninsured or unidentified drivers in New York.
These claims involve their own filing requirements and deadlines. An attorney familiar with New York City pedestrian accident cases can guide you through the process and help ensure you do not miss a critical step.
How Long Do You Have to File a Claim in New York?
In New York, the general statute of limitations for personal injury claims is 3 years from the date of the accident. However, several important exceptions can shorten this window significantly. If a government vehicle — such as an MTA bus or a city-owned car — was involved in the accident, you may be required to file a Notice of Claim within 90 days of the incident before you can pursue a lawsuit against that government entity.
Missing any of these deadlines can permanently bar your ability to recover compensation. An attorney can confirm the rules and deadlines that apply to your specific case.
Frequently Asked Questions About Pedestrian Accidents in New York City
These are some of the questions people most often ask after being hit by a car in New York, NY.
Do I need a lawyer if the driver's insurance offers me a quick settlement?
Accepting a quick settlement without legal guidance can be risky. Early offers often do not account for future medical costs or lost income. An attorney can review any offer before you sign anything.
What if I was crossing outside of a crosswalk — does that affect my case?
It may affect your case, but it does not necessarily eliminate your right to compensation. New York follows a comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, but you can still recover in many situations.
How long does a pedestrian injury case typically take to resolve?
Many pedestrian accident claims in New York resolve within one to two years, though more complex cases can take longer. Settlement negotiations, litigation, and the severity of injuries all influence the timeline.
What if my injuries did not show up right away?
Delayed-onset injuries are common after pedestrian accidents. See a doctor as soon as you notice symptoms and document everything. Waiting too long to seek treatment can complicate your claim.
If you were hit by a car as a pedestrian in New York City and want to understand your options, FindCounselNow can connect you with a local personal injury attorney for a free case review — at no obligation to you.