When I was driving, a car made a U-turn directly in front of me. I did not expect a vehicle to turn around on a city street, and we ended up colliding. Do I have to report this to my insurance company? I feel like the person making the U-turn was completely in the wrong. What should I do?

You must report the collision to your auto insurance carrier as soon as possible. Failing to promptly notify your insurer can result in a disclaimer of coverage, leaving you personally exposed to property damage or bodily injury claims.

Beyond notifying your carrier, an intersection or turning collision requires navigating two distinct legal frameworks under New York law: securing first-party No-Fault insurance benefits for immediate medical expenses and lost wages, and evaluating comparative fault and serious injury thresholds for a personal injury claim against the turning driver.

1. First-Party No-Fault Benefits: Medical Bills and Lost Wages

Regardless of who was at fault for the U-turn collision, your immediate medical expenses and lost wages are covered under New York’s No-Fault insurance system (Personal Injury Protection).

Under 11 NYCRR § 65-1.1, the vehicle you were occupying at the time of the crash pays your No-Fault benefits:

  • Medical Expenses: No-Fault covers reasonable and necessary medical, hospital, and rehabilitation expenses capped according to the Workers’ Compensation Board fee schedule (11 NYCRR § 68.1).
  • Lost Wage Replacement: Reimburses 80% of lost earnings up to a statutory maximum of $2,000 per month for up to three years (Insurance Law § 5102(a)(2)). Note that New York mandatory short-term disability benefits (up to $170/week under Workers’ Compensation Law § 204) are offset against your No-Fault wage check.
  • The 30-Day Filing Rule: To preserve these benefits, you must submit a written Notice of Claim (Form NF-2) to the correct No-Fault carrier within 30 calendar days of the accident. Missing this deadline allows the carrier to deny coverage for all medical treatment and wage loss.

2. Is a U-Turn Legal on New York Streets?

New York State law does not outright ban U-turns on city streets, but it strictly regulates where and how they may be executed. Under Vehicle and Traffic Law (VTL) § 1161(a), a driver is prohibited from making a U-turn upon any curve or near the crest of a grade where the vehicle cannot be seen by oncoming drivers within 500 feet. VTL § 1161(b) also bans U-turns in designated school zones, and municipal rules (such as NYC Traffic Rules) restrict U-turns in commercial business districts.

Furthermore, under VTL § 1141, a driver intending to turn left or make a U-turn must yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.

3. Duty of Care and New York’s 2026 Comparative Fault Standard

While the driver making the U-turn primarily owes a duty to yield, liability in a turning accident is rarely 100% automatic against the turning vehicle. Under New York law, both drivers owe a reciprocal duty of reasonable care:

  • Turning Driver’s Duty: Must maintain a proper lookout, signal the turn, and refrain from turning into the path of an oncoming vehicle.
  • Oncoming Driver’s Duty: Drivers proceeding straight must remain vigilant, maintain a safe speed, keep a proper lookout, and attempt to take reasonable evasive action if time and distance allow (Pena v. Santana, 5 AD3d 649; see also Miles v. Walsh, 195 AD3d 924).

The May 2026 Modified Comparative Fault Rule

Crucially, for motor vehicle accident lawsuits commenced on or after May 26, 2026, New York enacted major statutory reforms to automobile liability. New York replaced its former “pure” comparative negligence standard in auto cases with a modified comparative fault standard:

Under the updated statutory framework, an injured claimant is completely barred from recovering non-economic damages (pain and suffering) if the claimant’s share of fault is greater than the culpable conduct of the defendant (i.e., if the plaintiff is found to bear more than 50% of the fault for the crash).

Because insurance adjusters and defense counsel frequently argue that the oncoming driver was speeding or distracted to shift fault above 50%, establishing early evidence (dashcam footage, police reports, vehicle black box data, and point-of-impact photos) is essential.

4. Meeting the “Serious Injury” Threshold under Insurance Law § 5102(d)

To pursue compensation for pain and suffering beyond basic No-Fault economic benefits, an injured driver must prove they sustained a “serious injury” as defined by Insurance Law § 5102(d).

Elimination of the 90/180-Day Category (May 2026 Amendment)

As part of the May 2026 legislative amendments, New York eliminated the 90/180-day category from the serious injury threshold statute. Claimants can no longer qualify for pain and suffering damages by simply proving a temporary, non-permanent soft-tissue injury that prevented them from performing daily activities for 90 out of the first 180 days.

To maintain a bodily injury claim today, an injured party must establish objective medical proof satisfying one of the remaining statutory categories, such as:

  • A fracture;
  • Permanent consequential limitation of use of a body organ or member; or
  • Significant limitation of use of a body function or system.

Protecting Your Rights After a Collision

If you were involved in a crash caused by an improper or illegal U-turn, securing police reports, witness statements, and dashcam or surveillance footage is critical before evidence disappears or insurance companies attempt to assign comparative fault.

If you have been injured in an intersection or turning collision, consulting an experienced Staten Island car accident lawyer can help ensure your No-Fault applications are timely filed and your rights are protected under New York’s updated auto insurance laws.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.