Can I Sue Another Driver if We Have the Same Insurance Company in New York?
If you are injured in a New York City car accident and discover that both vehicles are insured by the same insurance company, you might think that could prevent you from bringing a claim for personal injuries or property damage. In most cases, that concern is misplaced. Sharing an insurer typically does not limit your right to pursue the at-fault driver.
What usually matters more in New York is how No-Fault benefits are handled, whether deadlines are met, and whether your injuries meet New York's “serious injury” threshold if you want to pursue pain and suffering.
Key points
You can generally bring a claim or lawsuit against the at-fault driver even if the same insurer covers both vehicles.
The insurer does not have a “conflict of interest” in the way people usually mean it; separate counsel can be assigned as needed.
If you were driving for a for-hire or app-based service at the time, it may affect which policy pays No-Fault benefits first, but it usually does not eliminate your right to sue.
1) Can I file a claim or lawsuit if the same insurer covers both vehicles?
Generally, yes.
An insurance company is not the employer of the drivers it insures. The fact that both vehicles have the same carrier does not create immunity for the negligent driver and does not, by itself, block a lawsuit.
One employment-related caveat is worth flagging because is “who works for whom.” This is one of the few situations where can change the analysis. If the at-fault driver and the injured driver are co-employees of the same employer and the crash occurred in the course of their work, New York’s workers’ compensation rules may bar a negligence lawsuit against the other driver. But that is not because they share the same insurance. Rather, this is only because they are co-workers. In that setting, the remedy is typically a workers’ compensation claim. Lawsuits are usually limited to truly third parties (someone other than the employer or co-worker).
Beyond that, in New York, the more common issue is the No-Fault law. As a practical matter, most people injured in a car wreck receive medical and wage-loss benefits through No-Fault first. To pursue non-economic damages (pain and suffering), you typically must be able to prove a “serious injury” as defined by New York law. If your injuries do not meet that threshold, you may still have No-Fault benefits available, but your ability to sue for pain and suffering may be limited.
2) Does the insurer have a conflict of interest because it insures both drivers?
Not in the way people usually mean.
A conflict of interest is typically a lawyer issue, not an insurance-company issue. If you retain your own attorney, that attorney represents you. The other driver is defended by counsel assigned to that driver through the insurance policy.
If both drivers end up making claims against each other, the insurer cannot put the same attorney in the position of representing both sides in the same dispute. The insurer must address that by assigning separate counsel as appropriate. That is an insurer administration problem, not a reason you cannot pursue your claim as the injured party.
3) If I was driving for work at the time, does that change which policy applies or my right to sue?
It can affect which policy pays lost wage and medical benefits first, but it usually does not eliminate your right to sue.
New York No-Fault coverage is often the first payer for medical treatment and a portion of lost wages, regardless of fault. In for-hire or commercial driving scenarios, identifying the correct No-Fault payer can become more complicated and fact-specific. Details that commonly matter include:
whether you were logged into a driver app at the time,
whether you had accepted a trip or had a passenger,
whether you were using a personally owned vehicle or a fleet vehicle,
whether any commercial or occupational policy is implicated.
Those facts can affect coverage priority and paperwork flow, especially for wage-loss benefits. But the right to sue the negligent driver for pain and suffering still typically depends on the serious-injury threshold and the underlying liability facts, not on whether you were working.
How to proceed after a NYC accident like this
Protect the claim early. In particular, the No-Fault is deadline is short and and document-driven. While people might consider delaying meeting with an attorney, thinking "I might get better," they might find themselves past the No-Fault filing deadline if they wait too long.
Preserve work-status evidence. If you were on the job at the time, make sure to retain records, trip logs, and any incident reports.
Document disability and wage loss. Wage-loss benefits often rise or fall on medical disability notes and employment or tax documentation.
Have counsel evaluate serious injury and liability. If your injuries qualify and fault supports it, a lawsuit may be appropriate even when the same insurer is involved on both vehicles.
Bottom line
You can usually sue another driver in New York even if the same insurance company covers both vehicles. The practical concerns are often is typically not “same insurer,” it is (1) No-Fault compliance and timing, (2) correct coverage identification, and (3) whether your injuries meet the serious-injury threshold for a pain-and-suffering claim.
Disclaimer: This post is for general information only and is not legal advice. Every case is different.