New York No-Fault Insurance Claim: What It Covers, the 30-Day Deadline, and When You Can Sue
You're rear-ended at a red light on a Tuesday morning. You feel fine, exchange insurance information, and head to work. By Friday your neck is stiff and you can't lift your arm. You assume the other driver's insurance will cover it, since they caused the crash.
In New York, it usually doesn't work that way. Your own auto insurance pays first, no matter who was at fault, through a system called no-fault. And the claim has a deadline of just 30 days.
Here is how a New York no-fault insurance claim works, what it pays, what it doesn't, and when you can step outside the system and sue.
What Is No-Fault Insurance in New York?
"No-fault" doesn't mean nobody is to blame. It means that after a car accident, injured people get their first round of benefits from their own auto policy, or the policy covering the vehicle they were in, without having to prove who caused the crash. The point is speed: medical bills and some lost wages get paid without waiting for a fight over fault.
The trade-off is that no-fault pays for economic losses only, and only up to a limit. For anything beyond that, you have to pursue the at-fault driver, and the law restricts when you can.
What a New York No-Fault Insurance Claim Covers
Basic no-fault coverage pays up to $50,000 per person in total for:
Medical expenses. Necessary treatment related to the accident.
Lost earnings. 80% of your lost earnings, up to $2,000 per month, for up to three years.
Other reasonable and necessary expenses. Up to $25 per day, for up to one year, for things like travel to medical appointments.
A death benefit. $2,000, payable to the estate, in addition to the $50,000.
The $50,000 is one combined cap, not a separate limit for each category. A surgery and a hospital stay can use it up quickly.
What No-Fault Does Not Cover
Pain and suffering. No-fault never pays for it.
Losses above the cap. Medical bills and lost wages beyond $50,000 are not covered.
Damage to your car. That is handled separately, through your own collision coverage or the at-fault driver's property damage coverage.
How a New York No-Fault Insurance Claim Works, Step by Step
Notify your insurer right away. Do it in writing, and keep a copy.
File the NF-2 application. This is the form that formally starts your claim. Ask for it if it hasn't arrived, and return it within 30 days of the accident.
Submit your bills on time. Bills for health care services must generally be submitted within 45 days of treatment.
Go to the insurer's exams. Insurers can require you to attend medical examinations. Skipping them can get your benefits cut off.
Late notice can sometimes be excused if you have a reasonable justification, but don't count on it. Missing the deadlines can cost you all of your benefits.
Who Pays in Different Situations
Which policy pays depends on who you were when the accident happened.
Drivers. Your own auto policy.
Passengers. Generally the policy covering the vehicle you were riding in. This includes Uber and Lyft passengers.
Pedestrians and cyclists. Generally your own auto policy, or a policy held by a relative in your household. If neither applies, the policy of the vehicle that struck you may apply, and if there is no coverage at all, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide benefits. For more, read our posts on pedestrian crosswalk accidents and NYC bicycle accidents.
Motorcycle riders. Motorcycles are generally outside New York's no-fault system, so different rules apply.
The Deadlines That Cost People Benefits
Deadline | What It Is |
30 days | Give notice and submit the NF-2 application |
45 days | Submit bills for health care services after treatment |
90 days | Notice of Claim, if a government vehicle or road condition is involved |
3 years | Statute of limitations for most car accident injury lawsuits |
The 30-day deadline is the one that catches people. Most people wait to see if the pain goes away, and by the time it doesn't, the window has closed.
When Can You Sue? The Serious Injury Threshold
To recover for pain and suffering, you generally have to sue the at-fault driver, and New York Insurance Law Section 5102(d) only lets you do that if your injury is "serious." Qualifying injuries include:
Death
Dismemberment
Significant disfigurement
A fracture
Permanent loss of use of a body organ, member, function, or system
A permanent consequential limitation of use of a body organ or member
A significant limitation of use of a body function or system
An injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the accident
This is decided on medical evidence, not on photographs of the cars. A crash with serious vehicle damage can still fail the threshold if the medical records don't support a qualifying injury, and a modest-looking crash can meet it. Consistent treatment and a doctor's documented findings matter. Gaps in treatment hand the defense an argument that you recovered.
Five Mistakes That Cost People Their Benefits
Waiting to see if the pain goes away. The 30 days keep running.
Letting treatment lapse. It weakens both your benefits and your case.
Skipping the insurer's medical exam. It can end your benefits.
Giving the other driver's insurer a recorded statement. You're not required to. Read our post on why you shouldn't talk to the other driver's insurance company.
Assuming a minor-looking crash means a minor injury. Neck, back, and head injuries often show up days later.
What to Do in the First 30 Days
Get medical care right away, even if you feel okay.
Report the accident to your insurer in writing, and ask for the NF-2.
Return the NF-2 within 30 days and keep a copy.
Photograph the scene, the vehicles, and your injuries, and collect witness names.
Keep every medical record and bill, and submit bills within 45 days of each treatment.
Track the work you miss and get proof of lost earnings.
Call an attorney before you give any statement to the other driver's insurer.
Talk to a Car Accident Lawyer at Blitz Law Group, for Free
No-fault is a system built around deadlines and forms, and mistakes in the first month can follow your claim for years. We handle your no-fault paperwork and, if your injury meets the threshold, pursue the at-fault driver for the full value of your case. Learn more about our auto accident practice.
The consultation is free, and you pay nothing unless we win.
📞 212.871.1300
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This article is general information, not legal advice. Limits and deadlines can change, so confirm them for your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
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