How to File a New York No-Fault Car Accident Claim

In New York, the auto insurance law requires drivers to carry no-fault coverage, which serves as the primary insurance for losses resulting from car accident injuries. If you are in a motor vehicle accident, it’s important to know how to file a car accident claim. A claim can help you seek the financial assistance you need to pay medical bills after an automobile accident. With no-fault insurance coverage, you file an auto insurance claim under your own policy, regardless of who caused the crash. The no-fault policy should cover your medical expenses and related losses up to the policy limits.

What Type of Car Accident Claim Do You Need to File?

New York has a no-fault insurance system that handles most car accident claims without the need to file a personal injury claim or go to court. Under the no-fault system, each person injured in a car crash must first turn to their own insurance company for compensation for medical bills, lost wages, and certain other expenses related to accident injuries. Insurers must cover no-fault claims regardless of which of the drivers involved caused the collision.

In the New York system, an injured person may only sue an at-fault driver if their injuries qualify as serious under New York law and their financial losses exceed the no-fault policy coverage limits. New York Insurance Law Section 5102(d) describes injuries that would qualify as serious, such as broken bones or catastrophic injuries. An experienced car accident lawyer can review the circumstances surrounding your auto accident and help you understand whether your serious injuries qualify you to take legal action and pursue fair compensation from the at-fault parties involved.

How to File a No-Fault Insurance Claim After a Car Accident in NY

A person injured in a car crash in NY must notify their insurer of the accident and promptly file their no-fault insurance claim. It’s important to know how to file an insurance claim for a car accident. The car accident claim process can involve several steps, including:

Identify the Correct No-Fault Insurer

Different insurance companies may provide no-fault insurance coverage for a car accident, depending on the circumstances of a crash. For example, a person injured in their own car would typically file a claim under their own no-fault insurance. That policy would also cover any passengers in their car.

A person who gets hurt in a collision while a passenger in someone else’s vehicle should file a claim with the insurer that covers the vehicle. In most cases, the insurer of the vehicle will provide no-fault coverage to the injured passenger.

Obtain and Complete the No-Fault Application

Insurance companies have application forms for accident victims to submit claims for no-fault benefits. An insurer must send the application paperwork to an injured crash victim within five days of the victim providing notice of their no-fault claim. The injured person filing a claim will need to provide information regarding the time, place, and circumstances of the accident.

Submit the Claim Within the Required Deadline

Under New York’s no-fault insurance system, a person who wishes to submit a claim for injuries they suffered in a car accident must file their claim paperwork no later than 30 days after the accident. Filing a car accident claim more than 30 days after a crash requires an individual to provide written proof to justify the delay.

Submit Supporting Documentation

Insurers often require no-fault benefits claimants to provide supporting documentation for their claims. At a minimum, an insurance company may ask for a copy of the accident report filed with the Department of Motor Vehicles, copies of medical records of crash injuries, invoices or for medical treatment, and pay stubs or other records showing lost income.

Respond to the Insurer’s Requests

An insurer may contact a no-fault benefits claimant to request additional documentation as it processes the claim. Failing to respond to requests from insurance adjusters may result in the company denying your no-fault claim or terminating payment of further benefits.

Monitor the Claim and Address Disputes

An individual who has filed a no-fault benefits claim should monitor its status. Many insurance companies have websites or mobile applications that allow claimants to monitor their claims online. Should a question or dispute over some aspect of the claim arise, such as a denied bill submitted by a medical provider or a smaller-than-expected check for lost wages, a claimant should address the issue with the insurance company as soon as possible.

Claimants can best protect their rights by working with legal counsel who can speak with insurance company representatives on their behalf to respond to requests and address disputes as they arise. Claimants should seek legal guidance from an auto accident lawyer if an insurer is disputing a no-fault insurance claim.

What Information Do You Need to File a Car Accident Claim?

When you need to file a claim for a car accident, you must gather various pieces of information to complete the claim paperwork. Examples of information you should have at hand when filling out claim forms or speaking with insurance companies include:

• The policy number for the no-fault insurance providing coverage of the accident
• The date, time, and location of the car accident
• Details of the crash, including the vehicles and people involved
• Police report
• A description of injuries sustained in the accident
• Hourly wage or salary data

Call Our Car Accident Attorneys in Queens, NY for Help with Your Claim

Have you suffered injuries in a car crash in Queens? If so, you can seek financial recovery for your medical bills and our lost wages through no-fault car accident insurance. The Tadchiev Law Firm, P.C. can help you by filing a no-fault claim to request compensation for your injuries.

Our law firm has over 120 years of combined legal experience advocating for accident victims. We keep our caseload small to provide each client we serve with the legal representation and personal attention they deserve. Our track record includes numerous six-figure recoveries in car accident claims. Our past results cannot guarantee the outcome of any future case, but they show our experience handling cases involving serious injuries and our willingness to fight for our clients’ interests. Contact us today to get started with a free consultation.

About the Author

Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.