After a car accident in New York: how to claim no-fault insurance benefits

What no-fault pays

Under Insurance Law § 5102(a) and DFS guidance, basic no-fault benefits cover, up to $50,000 per person:

• Necessary medical, hospital, rehabilitation and related expenses, paid under official fee schedules that providers must accept as full payment.
• 80% of lost earnings from work, up to $2,000 a month, for up to three years from the accident, reduced by certain disability, workers' compensation and Social Security benefits (§ 5102(a)(2), (b)).
• Up to $25 a day for other reasonable and necessary expenses, such as household help or transportation to treatment, for up to one year (§ 5102(a)(3)).
• A $2,000 death benefit, on top of the $50,000.
• If you bought it, an optional extra $25,000 of coverage for lost earnings and therapy after the first $50,000 is used up (§ 5102(a)(5)).

Where to go

• If the accident was in New York, file with the insurer of the vehicle you were in. If you were a pedestrian, file with the insurer of the vehicle that hit you.
• If the accident was outside New York and you were in someone else's vehicle, file with your own insurer.
• If you and your household have no car insurance and you were hurt by or in an uninsured vehicle, or by a hit-and-run driver, file with MVAIC.
• Also report the accident to the police and, if anyone was hurt or property damage to any one person is over $1,000, file a report with the Department of Motor Vehicles within 10 days (Vehicle and Traffic Law § 605).

What documents you need

• Written notice of claim identifying the injured person and the time, place and circumstances of the accident.
• The Application for Benefits the insurer sends you — the insurer must send it within five business days after receiving notice of your claim.
• Medical bills and records; tell every provider your treatment is for a car accident.
• Proof of lost earnings, such as your employer's wage report or, if you're self-employed, your records.
• The police accident report number and the other drivers' insurance information.

Fees and costs

If your claim is denied or paid late and you choose arbitration, the filing fee is $40, paid to the American Arbitration Association. If the insurer pays late, it owes you interest of 2% a month plus reasonable attorney's fees, within the limits set by regulation (Insurance Law § 5106(a)).

Deadlines

• Notice of claim: as soon as reasonably practicable, and no more than 30 calendar days after the accident, unless you can give written proof of a clear and reasonable justification for the delay.
• Bills and proof of lost earnings have their own time limits, set out in your policy and the claim forms. Read the insurer's letters and send everything promptly.
• Hit-and-run or uninsured vehicle (claims through MVAIC): DFS says it is important to report the accident to the proper authority within 24 hours.
• DMV accident report (form MV-104): within 10 days, when required (Vehicle and Traffic Law § 605).
• Insurer payment: benefits are overdue if not paid within 30 days after you supply proof of the loss (Insurance Law § 5106(a)).
• Lawsuit against the at-fault driver: generally 3 years (CPLR § 214(5)).

Step by step

1. 1

   Get medical care and report the accident

   Call the police, get the report number, and see a doctor promptly.

2. 2

   Notify the right no-fault insurer in writing

   Within 30 days. Keep a copy and proof of sending.

3. 3

   Complete the Application for Benefits

   Return it as soon as possible with the information requested.

4. 4

   Send bills and wage proof

   You can pay providers and submit receipts, or let providers bill the insurer directly.

5. 5

   Track the 30-day payment clock

   If the insurer neither pays nor denies within 30 days of proof, or sends a denial (NF-10), you can go to court, complain to DFS, or file for arbitration.

What happens next

Disputes about no-fault benefits can go to arbitration under simplified procedures; an arbitrator's award can be reviewed by a master arbitrator, and if that award is $5,000 or more, either side can start a new court case on the dispute (Insurance Law § 5106(b)–(c)). File arbitration requests with the American Arbitration Association, not with DFS.

Against the other driver, you can sue for economic losses above what no-fault covers and, only if you have a 'serious injury', for pain and suffering (§ 5104(a)). The law's list includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system (§ 5102(d)). Damage to your car is a separate claim against your collision coverage or the other driver's liability insurer.

Who is not covered

• No-fault doesn't cover anyone riding a motorcycle or ATV as operator or passenger; a pedestrian hit by a motorcycle or ATV is covered.
• Under most policies, people driving while intoxicated or impaired, people who caused their own injuries on purpose, people injured while committing a felony or in a vehicle they knew was stolen, and owners of uninsured vehicles are excluded (with limited exceptions for emergency care).

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Insurance Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 5102, § 5104, § 5106 · Checked: October 30, 2026
  What no-fault pays, serious injury, lawsuits, prompt payment, arbitration
• Auto Insurance Resource Center — NYS Department of Financial Services (opens in a new tab)
  New York State Department of Financial Services · Checked: October 30, 2026
  Where and when to file a no-fault claim; coverage, exclusions and physical damage claims
• No-Fault Claims and Arbitration — NYS Department of Financial Services (opens in a new tab)
  New York State Department of Financial Services · Checked: October 30, 2026
  Options after a denial, arbitration and its fee
• N.Y. Vehicle and Traffic Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 605 · Checked: October 30, 2026
  DMV accident report within 10 days
• N.Y. Civil Practice Law and Rules (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 214(5) · Checked: October 30, 2026
  Three years to sue for personal injury

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