Car Accident While Pregnant in New York: What to Do, and What the Law Provides

First: get checked, even if you feel fine

Doctors generally recommend that a pregnant person be evaluated after any car crash, even a minor one and even without symptoms. Some complications are not obvious right away, and your obstetrician may want to monitor you and the baby for a period after the accident. Call your obstetrician or go to the hospital, and tell them you were in a crash and how far along you are.

Seek care right away if you notice abdominal pain or cramping, bleeding or fluid, contractions, a change in the baby's movement, dizziness, or a headache that does not go away. MedlinePlus has general information on pregnancy and prenatal care, but after a crash, your own doctor's advice comes first.

Keep every record from these visits. Besides protecting your health, they become the most important evidence if there is a claim later.

Who pays for your medical care

New York's no-fault insurance pays medical bills and part of lost earnings after a car accident, regardless of who caused it, up to the basic $50,000 limit. That generally includes the evaluation and monitoring you receive because of the crash. If you were a driver or passenger, benefits generally come from the insurer of the vehicle you were in; if you were a pedestrian, see our article on pedestrian rights in Queens.

The no-fault application must be filed within 30 days. That deadline is easy to miss in the middle of medical appointments, so ask a family member to help if you need to. Our no-fault guide explains the process.

Your own injury claim

If another driver caused the crash, you may have a claim against that driver for your own injuries. To recover for pain and suffering in a New York car accident case, the injury must meet the definition of "serious injury" in Insurance Law § 5102(d). That list includes death, dismemberment, significant disfigurement, a fracture, permanent loss of use, permanent consequential or significant limitations, and, specifically, the loss of a fetus. The former 90/180-day category was repealed for lawsuits filed on or after May 26, 2026.

Pregnancy can also affect how injuries are treated. Some imaging and medications may be limited during pregnancy, so recovery can take longer or follow a different path. Make sure your records explain any treatment that was delayed or changed because you were pregnant, so an insurer cannot later suggest you simply chose not to treat.

If the baby was hurt

This is the hardest part of this article to write, and we will keep it plain.

If your child is born alive and was injured before birth because of the crash, the child generally has a claim of their own for those injuries. New York courts have recognized such claims for decades. Because the injured person is a child, a court must approve any settlement, and the money is generally held for the child until adulthood. Our guide for parents after a school bus accident explains how court approval of a child's settlement works.

If a pregnancy is lost, New York does not allow a separate wrongful death action on behalf of a fetus that was not born alive. But the law does not ignore that loss. It is listed among the injuries that meet the serious injury threshold, and the mother's own claim can include the physical injury and the profound emotional harm that accompany it. A lawyer can explain how that applies to your situation, when you are ready.

If a child is born alive and later dies from injuries caused by the crash, the family may have a wrongful death claim. Our article on wrongful death claims explains who may bring one.

Time off work and lost earnings

A crash during pregnancy can mean time away from work for evaluation, monitoring, bed rest or recovery, sometimes earlier than you had planned. No-fault insurance pays part of lost earnings caused by the accident, and a claim against the at-fault driver can include lost earnings beyond that if your injury meets the serious injury threshold. Ask your doctor to put any work restrictions in writing, with the reason, so it is clear that the time off was caused by the crash rather than by the pregnancy itself.

The emotional side

Anxiety after a crash during pregnancy is normal, even when everything turns out to be fine. Weeks of worrying about the baby, extra appointments and sleepless nights are real effects of the accident. If the worry does not ease, tell your obstetrician or primary doctor. Getting support is good for you and your baby, and it is also part of the record of how the accident affected you.

Talking to insurance companies

The other driver's insurer may call quickly, sometimes while you are still waiting for test results. You do not have to give a recorded statement, and it is usually wise not to until you know the full medical picture. Be especially careful with early settlement offers. A release signed before your baby is born, or before your doctors know whether there are lasting effects, can end your claim for good.

Fault, and what insurers may argue

A pregnant passenger almost never bears any responsibility for a crash. A pregnant driver may face the same fault arguments as any driver. In a motor-vehicle case, CPLR 1411 now bars recovery if your share of fault is greater than the defendant's; below that line, your recovery is reduced proportionally. That rule applies to lawsuits filed on or after May 26, 2026. See the comparative negligence guide.

Insurers may also argue that a pregnancy complication was unrelated to the crash. This is why prompt evaluation, with the crash noted in your records, matters so much. A timeline that shows a normal pregnancy before the accident and a problem after it, with your obstetrician's opinion connecting the two, is the core of these claims.

Questions worth asking your doctor

Medical appointments after a crash can feel rushed. These questions help you understand your care, and the answers often end up being important evidence:

• Do you recommend monitoring after this crash, and for how long?
• Is anything you found today related to the accident?
• Are there tests or treatments for my injuries that we should delay or change because I am pregnant?
• What symptoms should bring me back right away?
• Should I limit work or other activities, and for how long?

Ask for copies of any reports, and keep a simple list of every appointment with the date and the reason for the visit.

Practical steps, at your own pace

• Get evaluated the same day, and follow your obstetrician's monitoring plan.
• Keep every record, including fetal monitoring reports and ultrasound results.
• Get the police report number and the other driver's insurance information, or ask someone to get it for you.
• Photograph the vehicles and your seat position if you can do so safely.
• File your no-fault application within 30 days.
• Do not give a recorded statement to the other driver's insurer before getting advice.
• Rest. Your health comes first, and most deadlines leave time to take care of yourself first.

For a fuller checklist, see what to do after a car accident in Queens.

Deadlines

Most car accident lawsuits must be filed within three years. A claim against a city vehicle generally requires a notice of claim within 90 days. A child's own claim may have a longer deadline, but it is best not to rely on that. See our guide to New York's filing deadlines.

Our firm handles these cases with care and discretion through our motor vehicle accident practice, which works on a contingency fee.

Common questions

Should I go to the hospital after a minor car accident while pregnant?

Doctors generally recommend being evaluated after any crash during pregnancy, even if you feel fine, because some complications are not immediately obvious. Follow your obstetrician's advice.

Does no-fault insurance cover pregnancy monitoring after a car accident?

No-fault generally covers medical care needed because of the crash, up to the basic limit, if you apply within 30 days.

Is losing a pregnancy considered a serious injury in New York?

Yes. Insurance Law § 5102(d) lists the loss of a fetus among the injuries that meet the serious injury threshold for a car accident claim.

Can my baby have a claim for injuries from a car accident before birth?

Generally yes, if the child is born alive. The child's claim belongs to the child, and any settlement must be approved by a court.

Can I file a wrongful death claim for a pregnancy lost in a car accident?

New York does not allow a separate wrongful death action for a fetus that was not born alive. The loss can be part of the mother's own injury claim.

This page is general information about New York law. It is not legal or medical advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.