New York is a no-fault state, which means the first stage of any car accident claim runs through your own insurer regardless of who caused the crash. It also means the deadlines are far shorter than most people expect, and missing one of them can close off benefits entirely.
Here is how the process works, in order, with the deadlines that actually end claims.
Key Takeaways
- The no-fault application (form NF-2) must generally reach the insurer within 30 days of the accident.
- Medical providers must submit bills within 45 days of treatment, and lost wage claims within 90 days.
- Basic no-fault covers up to $50,000 per person in economic loss — medical costs, 80 percent of lost earnings up to a monthly cap, and other reasonable expenses.
- No-fault does not pay for pain and suffering; to claim that you must meet New York’s serious injury threshold and sue the at-fault driver.
- Missing an insurer-scheduled independent medical examination is one of the most common reasons benefits are cut off.
Step 1: At the Scene and Immediately After
Call the police and make sure a report is generated — New York requires reporting accidents involving injury or significant property damage, and the report becomes the anchor document for the claim. Exchange insurance information, photograph both vehicles, the position of the vehicles, the road and any visible injuries, and collect witness contact details.
Get medical attention the same day even if you feel able to walk away. Adrenaline masks symptoms, and a delay of several days gives the insurer an argument that something else caused the injury. If you have whiplash or any neck or back symptoms, say so explicitly to the treating clinician and have it recorded — soft tissue injuries are the most commonly disputed category in New York no-fault claims.
Step 2: File the No-Fault Application Within 30 Days
This is the deadline that catches people out. The application for no-fault benefits — form NF-2 — must generally be submitted to the insurer within 30 days of the accident. Late applications can be denied, though a written explanation of clear and reasonable justification may be accepted in some circumstances.
Which insurer receives it depends on the situation. If you were driving your own car, it is your own policy. As a passenger, it is generally the policy covering the vehicle you were in. As a pedestrian or cyclist struck by a vehicle, it is the policy on the striking vehicle. Where no coverage exists — an uninsured or hit-and-run driver — the Motor Vehicle Accident Indemnification Corporation may provide a route, and MVAIC has its own separate and short notice requirements.
Complete the form carefully and consistently. Errors and omissions in the initial application resurface later as grounds for denial.
Step 3: Understand What No-Fault Actually Pays
Basic Personal Injury Protection in New York provides up to $50,000 per person for economic loss, comprising:
- Medical expenses — necessary treatment, subject to the state fee schedule.
- Lost earnings — 80 percent of lost wages up to a statutory monthly maximum, for up to three years.
- Other reasonable and necessary expenses — a modest daily allowance for costs such as household help and travel to medical appointments.
- A death benefit in addition to the basic limit.
Optional Basic Economic Loss coverage, purchased in advance, increases those limits — it is inexpensive and most drivers do not know it exists until they need it.
Two ongoing deadlines apply once treatment starts. Medical providers must submit bills within 45 days of rendering treatment, and lost wage claims must be submitted within 90 days. Providers miss the 45-day window regularly, so it is worth confirming that each provider has actually billed the no-fault carrier rather than your health insurer.
Step 4: Attend Every Examination and Keep Treating
Insurers routinely schedule independent medical examinations with physicians they select. Failing to attend, or missing two appointments, is a standard basis for terminating benefits. Attend, arrive on time, and describe your symptoms accurately without exaggeration.
Gaps in treatment are the other frequent cause of cut-offs. If you stop attending physical therapy for a few weeks, the insurer will argue you recovered. If you need to pause treatment, have the reason documented by the provider.
When benefits are denied, the insurer must issue a denial form. That triggers your right to dispute the decision — through no-fault arbitration, which is the usual route, or through a lawsuit. Deadlines apply to disputes too, so a denial is not something to set aside and think about later.
Step 5: Assess Whether You Can Step Outside No-Fault
No-fault pays economic loss only. It pays nothing for pain and suffering, and nothing for economic loss beyond the policy limits. To recover those, you must sue the at-fault driver — and New York only permits that where the injury meets the statutory serious injury threshold.
The threshold categories include death, dismemberment, significant disfigurement, fracture, loss of a foetus, permanent loss of use of a body organ or member, permanent consequential limitation, significant limitation of use of a body function or system, and the so-called 90/180 category — a non-permanent injury preventing substantially all usual daily activities for at least 90 of the 180 days following the accident.
Whether an injury qualifies is heavily litigated, and it turns on objective medical evidence — imaging, range of motion measurements taken and recorded properly, and a treating physician’s documented findings — rather than on the patient’s description of pain. This is the point at which involving car accident lawyers in Staten Island or attorneys elsewhere in the state materially affects the outcome, because the medical record has to be built with the threshold in mind from the start rather than assembled afterwards.
The statute of limitations for a personal injury action in New York is generally three years from the accident, but claims involving a municipality or public authority require a notice of claim within 90 days and suit within a much shorter period. If a city bus, sanitation truck or public vehicle was involved, that deadline is the one that matters.
Common Mistakes
- Missing the 30-day no-fault application deadline.
- Assuming a health insurer will simply pay — no-fault is primary for accident-related treatment, and using health insurance first creates billing and lien complications.
- Gaps in treatment, or stopping when you feel slightly better.
- Missing an insurer-scheduled examination.
- Giving a recorded statement to the other driver’s insurer without advice.
- Assuming no-fault is the whole claim and never assessing the serious injury threshold.
- Posting about activities on social media during recovery.
Winter conditions add their own layer in New York — Attack Of The Killer Icicles: The Winter Hazards Hanging Over Your Head and similar seasonal hazards raise separate premises questions where a fall rather than a collision is involved.
Frequently Asked Questions
Will my premium rise if I claim on my own no-fault coverage?
No-fault benefits are what the coverage exists for, and New York restricts surcharges for accidents in which the insured was not at fault. Not claiming does not protect you and leaves your medical bills unpaid.
Does no-fault cover vehicle damage?
No. Property damage is handled separately through collision coverage or a claim against the at-fault driver’s liability policy.
I was a pedestrian. Am I covered?
Generally yes — no-fault follows the vehicle, so a pedestrian or cyclist struck by an insured vehicle can usually claim under that vehicle’s policy. The same 30-day deadline applies.
What if the driver who hit me had no insurance?
Your own uninsured motorist coverage may respond, and MVAIC exists for people with no available coverage at all. Both have short notice requirements, so act quickly.
Can I choose my own doctor?
Yes for treatment. The insurer can separately require you to attend examinations with a physician it selects, and attendance is effectively mandatory to keep benefits running.
The Bottom Line
A New York car accident claim has two tracks: no-fault benefits, which start immediately and run on very short deadlines, and a liability claim, which is only available if the injury meets the serious injury threshold. File the NF-2 within 30 days, treat consistently, attend every examination, and get the threshold assessed early rather than discovering the issue years later.
This article is general information about New York law and is not legal advice. Rules and dollar limits change — verify anything specific with a licensed New York attorney. Related reading: The Broader Mission of Personal Injury Lawyers and our Accidents Law section.
