New York's 30-Day No-Fault Deadline: What You Must Do After a Car Accident

What New York No-Fault Insurance Actually Covers

New York is a no-fault state, which means your own auto insurance pays for your initial medical bills and a portion of lost wages after a car accident — no matter who was at fault. This coverage is called Personal Injury Protection, or PIP, and it applies to drivers, passengers, pedestrians, and cyclists struck by a vehicle.

Medical Expenses

No-fault PIP benefits cover reasonable and necessary medical treatment related to your accident injuries, including emergency care, diagnostic imaging, physical therapy, chiropractic treatment, and prescription costs. Coverage is available up to the statutory minimum of $50,000 per person, though many policies carry higher limits.

Lost Wage Reimbursement

If your injuries prevent you from working, no-fault will reimburse 80% of your lost earnings, up to $2,000 per month for up to three years from the date of the accident. You will need documentation from your employer and treating physician to support this portion of the claim.

Other Necessary Expenses

New York's no-fault law also covers reasonable out-of-pocket expenses that result directly from your injuries — things like transportation to medical appointments and household help you require because of your condition. These benefits are capped at $25 per day for up to a year.

What No-Fault Does Not Cover

No-fault PIP does not compensate you for pain and suffering, permanent injuries, or the full extent of your economic losses beyond the statutory caps. To recover those damages, you need to meet New York's serious injury threshold and pursue a separate liability claim against the at-fault driver — something our team handles alongside your no-fault filing.

Who Is Covered Under New York No-Fault

Coverage extends to the named insured and household family members, any occupant of the covered vehicle, and pedestrians or cyclists injured by the covered vehicle. Motorcyclists are excluded from standard no-fault PIP under New York law and must pursue compensation through other channels.

The Serious Injury Threshold and Your Right to Sue

New York's no-fault system limits lawsuits to cases involving a "serious injury" as defined by Insurance Law §5102(d). Qualifying injuries include significant disfigurement, bone fracture, permanent limitation of a body organ or member, significant limitation of use, and a medically determined injury that prevents you from performing substantially all daily activities for at least 90 of the 180 days following the accident. If your injuries meet this threshold, you have the right to bring a full liability claim — and that is where the most significant compensation is recovered.

Regulation 68 and the Rules That Govern Your Claim

New York Insurance Department Regulation 68 is the administrative framework that governs no-fault claims — including the 30-day filing deadline, the insurer's obligation to pay or deny within 30 days of receiving proof of claim, and the rules around independent medical examinations (IMEs) and examinations under oath (EUOs). Understanding Regulation 68 is essential to protecting your benefits, because insurers use its procedural requirements to deny claims when claimants miss a deadline or fail to comply with a request.

The 30-Day Filing Deadline: Why It Is the Most Important Date After Your Accident

The NF-2 form — New York's official no-fault application — must be submitted to the correct insurance carrier within 30 days of your accident. This is not a soft guideline. Under Regulation 68, a late filing gives the insurer grounds to disclaim coverage entirely, leaving you personally responsible for every medical bill that follows.

There are narrow exceptions for late filings, but they require proof of a "reasonable justification" for the delay — a high bar that insurers routinely contest. The safest course is to file on time. If you are approaching the deadline or have already missed it, contact us immediately so we can assess your options.

How to File a No-Fault Claim in New York

Filing correctly matters as much as filing on time. A complete, accurate NF-2 submission reduces the chance of a denial and keeps your treatment moving without interruption.

Step 1 — Notify Your Insurance Company Immediately

Call your auto insurer as soon as possible after the accident to report the claim and request the NF-2 application. Most carriers also accept online notification. This initial contact starts the administrative record and signals to the insurer that a claim is coming.

Step 2 — Complete and Submit the NF-2 Form

The NF-2 is the official New York no-fault application. It asks for your personal information, a description of the accident, the nature of your injuries, and authorization for your insurer to obtain medical records. Submit it to your own insurer — not the other driver's — by certified mail within 30 days of the accident date.

Step 3 — Attend All Scheduled IMEs and EUOs

Once your claim is filed, the insurer may schedule an independent medical examination (IME) conducted by a physician of their choosing, or an examination under oath (EUO) in which you answer questions under penalty of perjury. Missing either without a valid reason gives the insurer grounds to suspend or deny your benefits. Attend every scheduled appointment and speak with an attorney before any EUO.

Step 4 — Continue Your Medical Treatment

Gaps in treatment are one of the most common reasons no-fault benefits are cut off — and one of the most damaging patterns in a later liability claim. Follow your treating physician's recommendations consistently, keep all records, and notify your attorney of any changes in your condition or treatment plan.

Step 5 — Monitor Your Insurer's Response

Under Regulation 68, your insurer must pay or deny each bill within 30 days of receiving it. If they miss that window, the bill may be deemed overdue and subject to interest and attorney's fees in arbitration. Track every submission and every response. If payments stop or a denial arrives, do not wait — contact us right away.

When a No-Fault Claim Is Denied

A denial is not the end of the road. New York law gives you the right to challenge a no-fault denial through arbitration or litigation, and there are strict deadlines on the insurer's side as well. Common grounds for denial include late filing, failure to attend an IME or EUO, a determination that treatment is not medically necessary, or a finding that the accident was staged. Each of these has a specific response strategy, and most can be contested successfully with the right documentation and legal representation.

If your no-fault benefits have been cut off or your claim was denied, our team reviews the denial letter, identifies the insurer's stated basis, and advises you on the fastest path to restoring coverage or recovering what you are owed.

Frequently Asked Questions About New York No-Fault Claims