I rear-ended someone in New York and they keep asking for more money — what now?

Attorney Answer

A week's delay changes nothing by itself, and a payment changes less than people expect. In New York the person you hit generally has three years from the date of the collision to sue — three years for personal injury under CPLR 214(5) and three years for the damage to the vehicle under CPLR 214(4) — and paying someone cash does not end that unless what they signed says so in terms. Whether to pay, whether to report the collision to your insurer, and what any signed paper should say are decisions to take to a New York attorney before you act, not after.

Start with the law that describes what happened. Vehicle and Traffic Law § 1129(a) provides: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway." On top of that statute, New York courts draw a judge-made inference of negligence against the driver of the rear vehicle, which that driver can answer with a non-negligent explanation. That doctrine comes from court decisions rather than statute, so it is described here in general terms and not cited to a case. The practical consequence is that a rear driver usually starts in the weaker position, which is exactly why the paperwork matters.

The money question is really a release question. A payment made without a written release is generally just a payment; it does not by itself extinguish a claim, and a claimant who accepts $100 for a bumper can still assert an injury claim later. A document that actually closes a claim has to describe what is being released, by whom and for what, and drafting one is a lawyer's job rather than a form to copy — the wrong wording can leave you exposed or give away more than you meant. Nothing in your message says whether the other person is claiming an injury at all, and that is the fact that would decide which New York rules govern any claim against you, so it should be established before you negotiate.

Your policy is a separate question from your liability. Automobile policies contain their own notice and cooperation conditions, and they are contract terms rather than statutes; failing to report a collision can affect coverage for it. Whether a carrier will non-renew is a business decision, not a legal one, and it should be weighed against being uninsured for a claim you have to defend alone. Read your policy's notice provisions, and ask your agent or a lawyer what they require before choosing.

What you can do

1. Photograph both vehicles and keep every text, email and receipt exchanged so far, including proof of anything already paid.

2. Do not put an admission of fault in writing, and do not describe the collision to the other side's insurer before you have advice.

3. Read the notice provisions of your own policy, and ask your agent or a New York attorney what reporting the collision would require of you.

4. Do not sign or pay anything presented as final, and do not draft your own release — have a New York attorney review or prepare any document meant to close the claim.

5. Ask that attorney what your exposure actually is, including whether an injury claim may still be coming.

⏱ Time limits apply. In New York a personal injury action must generally be commenced within three years under CPLR 214(5), and an action for injury to property within three years under CPLR 214(4), each measured from the date of the collision rather than from your last conversation with the other driver. Those periods are why a matter that feels settled today can reappear, and why what gets signed now matters. The deadlines that apply to your situation depend on facts this page does not have, and none of them should be computed from a general description. A brief consultation with a local New York attorney before you pay or sign anything is worth more than any general guidance, including this page.