Who has the right of way at an uncontrolled intersection in New York?

Two cars reach an intersection with no signs or signals at the same time. Which driver must yield in New York?
The answer
The driver on the left must yield the right of way to the driver on the right.
The DMV Driver's Manual says that where no signs or signals control an intersection, or two drivers reach STOP signs at right angles at the same time, the driver on the left must yield to the driver on the right.
General yielding rules also apply: yield to traffic already in the intersection, and do not enter unless you can clear it without blocking cross traffic.
Exceptions
- A left-turning driver yields to oncoming traffic that is going straight or turning right.
- A driver entering from a driveway or private road must stop and yield to traffic and pedestrians on the roadway.
Why this rule matters for safety
A single clear default prevents two drivers from both going, or both waiting, when neither has a sign or signal telling them what to do.
Official sources
- Driver's Manual, Chapter 5: Intersections and Turns · NYS Department of Motor VehiclesRight-of-way rules for uncontrolled intersections and simultaneous STOP signs; general yielding rules. Page shows no revision date.
Rules checked against these sources on . Laws change. Confirm with the New York agency before you rely on this for a legal matter.
More New York questions
- Do you have to yield to a pedestrian in a crosswalk in New York?
- When do you have to stop for a school bus in New York?
- What does New York's move over law require near a stopped emergency vehicle?
- What must you do when an emergency vehicle with a siren approaches in New York?
- How far from railroad tracks must you stop when the lights flash in New York?
- Can you use a hand-held cell phone while driving in New York?