How Long do I Have to File a No-Fault Claim After a Car Accident in New York?
You have 30 days from the accident to file a no-fault claim in New York.
But there are two more deadlines most people miss, 45 days to submit each medical bill and 90 days to submit proof of lost wages.
How Long Do You Have to File a No-Fault Claim in New York?
Under New York’s no-fault regulation, 11 NYCRR 65-1.1, you must give the insurance company written notice “as soon as reasonably practicable, but in no event more than 30 days after the date of the accident.”
The 30-day notice starts your claim, but it does not cover everything. After that, each medical bill and each month of lost wages has its own deadline.
If you miss those deadlines, the insurer can deny those specific bills, even if your claim is already open.
Every No-Fault Deadline in One Place
| What you submit | Deadline | When the clock starts |
|---|---|---|
| Written notice of claim (then the NF-2 application) | 30 days | The date of the accident |
| Medical bills (doctors, physical therapy, hospital) | 45 days | Each date you receive treatment |
| Lost wages and other expenses | 90 days | Each time you lose work or pay for a necessary service |
| Police report (DMV form MV-104), if someone was injured | 10 days | The date of the accident |
| Hit-and-run report to police (for an MVAIC claim) | 24 hours | The accident |
In practice, most doctors and clinics in New York bill the no-fault insurer directly, so the 45-day deadline is usually theirs to meet. The 30-day and 90-day deadlines are usually yours.
How to File a No-Fault Claim, Step by Step
- See a doctor and save all your records: Let every provider know you were injured in a car accident so they send the bill to no-fault insurance instead of your health insurance.
- Let the correct insurance company know in writing: Who pays depends on whether you were driving, riding, walking, or biking, and if you or a family member you live with owns an insured car. If you’re not sure, tell every possible insurer within 30 days.
- Fill out the NF-2 application: The NY Department of Financial Services says the insurer has to send you the Application for Motor Vehicle No-Fault Benefits (form NF-2) within five business days after you notify them. Fill it out and send it back as soon as you can.
- Send proof if you lost wages: Have your employer fill out a wage verification form and send it within 90 days of the days you missed.
- Keep a copy of everything: Save all forms, letters, and receipts, and write down when you sent each one by mail or email. If the insurer says they didn’t get something, you’ll have proof.
What If You Missed the 30-Day Deadline?
If you miss the deadline, your claim isn’t automatically denied.
The rules require the insurer to accept late notice if you provide “written proof providing clear and reasonable justification” for the delay. This exception also covers the 45-day and 90-day deadlines.
Reasons that can justify a late claim include:
- You were in the hospital or physically unable to handle paperwork.
- You didn’t know, and couldn’t reasonably find out, which insurance company covered the car.
- You didn’t realize you were injured until symptoms appeared later.
Don’t wait for a better reason. The longer the delay, the harder it is to justify. If you’re past 30 days, send written notice now with a short explanation of why it’s late.
What No-Fault Pays and What It Doesn’t
| Benefit | What New York’s basic no-fault coverage pays |
|---|---|
| Total limit | $50,000 per person, per accident |
| Medical expenses | Necessary treatment, paid according to the state fee schedule |
| Lost wages | 80% of lost earnings, up to $2,000 a month, for up to 3 years |
| Other reasonable expenses (travel to appointments, household help) | Up to $25 a day, for up to 1 year |
| Death benefit | $2,000, paid in addition to the $50,000 |
| Not covered | Pain and suffering, and damage to your car |
For pain and suffering, or for losses above $50,000, you need a separate claim against the at-fault driver. We explain that below.
Special Cases: Pedestrians, Hit-and-Runs and Motorcyclists
1. Passengers, pedestrians and cyclists
They are covered by no-fault too, and the same 30-day deadline applies. A pedestrian hit by a car can usually claim through that car’s insurance or through a household policy.
2. Hit-and-run or uninsured driver
If there’s no insurance to claim against, you file with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
DFS says the accident must be reported to the police within 24 hours, so call the police from the scene if you can.
3. Motorcyclists
Motorcyclists are the big exception. New York’s no-fault law doesn’t cover people injured while riding a motorcycle, so their medical bills usually go through health insurance or optional coverage on their policy.
We cover this in more detail on our motorcycle accident page.
What If Your No-Fault Claim Is Denied?
Insurers often deny no-fault bills, especially after an independent medical exam (IME) by a doctor they select. But a denial does not have to be the end of your claim. Here are your options:
- Request no-fault arbitration: It’s usually faster than court, and DFS says the result is binding on both sides.
- Sue the insurance company: You generally have 6 years to sue a private insurer for unpaid no-fault benefits. If the vehicle was self-insured, as some city and transit agencies are, New York’s highest court held in Contact Chiropractic v. New York City Transit Authority that the deadline is 3 years.
- Collect interest if payment is late: The insurer has 30 days from receiving proof of the claim to pay. If it pays late, it owes 2% interest per month on the overdue amount, plus reasonable attorney’s fees.
No-Fault Claim vs. a Lawsuit Against the Driver
Filing a no-fault claim does not prevent you from suing the driver who caused the crash. These are two different claims, each with its own deadline:
| No-fault claim | Lawsuit against the at-fault driver | |
|---|---|---|
| Who pays | The no-fault insurer, regardless of fault | The at-fault driver’s liability insurance |
| What it covers | Medical bills, lost wages and expenses up to $50,000 | Pain and suffering, and losses above $50,000 |
| Main deadline | 30 days | 3 years (CPLR 214). Against a city or public agency: a Notice of Claim within 90 days, and a lawsuit within 1 year and 90 days |
| What you must prove | That you were hurt in a car accident | That the other driver was at fault and that you have a “serious injury” |
Two 2026 changes matter here. For lawsuits filed on or after May 26, 2026, New York’s serious injury definition (Insurance Law § 5102(d)) no longer includes the “90 out of 180 days” category, leaving eight categories such as a fracture or a significant limitation of use.
And if you’re found more at fault than the other driver, you can no longer recover from them. The Department of Financial Services summarizes both changes. Your no-fault benefits and deadlines didn’t change.
How We Help With No-Fault and Injury Claims
Most people reach out to us after getting their first denial letter or when the 30-day deadline is near.
We guide you through filing a no-fault claim, keep track of the 45-day and 90-day deadlines, and stand up for you if your treatment is cut off by the insurer. While we do this, we also work on building your case against the driver who caused the accident.
You will talk directly with a lawyer, not a case manager. If your injuries prevent you from coming to us, we can visit you at home or in the hospital.
We recently helped a client who was injured in a crash with an NYPD vehicle in New York City receive a $1 million settlement.
You can learn more about our NYC car accident lawyers and our personal injury practice, or read what our clients have to say on our reviews page.
The Bottom Line on No-Fault Deadlines in New York
You have 30 days to file a no-fault claim in New York, 45 days to submit each medical bill and 90 days for lost wages.
Missed one? A written explanation can still save the claim, so act now.
Not sure where you stand, or already got a denial? Contact Greenstein & Pittari for a free consultation. You’ll speak directly with a lawyer, and we can come to you.
We serve clients throughout Brooklyn, Manhattan, Queens, the Bronx and Staten Island, with English- and Spanish-speaking staff.
We offer contingency fee representation in qualifying cases, with no attorney’s fee unless we recover.
Call 1-800-VICTIM2 (1-800-842-8462). Don’t Be a Victim Twice.
Frequently Asked Questions
1. Do I need a lawyer to file a no-fault claim?
No. You can file a no-fault claim on your own. A lawyer helps most when the insurer denies bills, cuts off treatment after an IME, or when your injuries are serious enough for a lawsuit against the driver.
2. Does it matter who caused the accident?
Not for no-fault. Your benefits are paid regardless of who was at fault. Fault matters only for a separate lawsuit against the other driver.
3. Am I covered by no-fault if I was a passenger in an Uber or Lyft?
Yes. New York requires Uber and Lyft to carry insurance that includes no-fault benefits. File within the same 30 days, and ask a lawyer which policy applies if you or a relative you live with also owns a car.
4. Can I use my health insurance instead of no-fault?
No-fault pays first for car accident injuries. Your health insurance may step in once the $50,000 is used up, or for care no-fault denies. Tell your providers it was a car accident so bills go to the right place.
5. What happens when the $50,000 runs out?
No-fault stops paying. If you bought additional coverage (sometimes called APIP or OBEL), it may pay more. Beyond that, the remaining losses come from health insurance or a claim against the at-fault driver.