NYC Car Accident: How Long Will My NY No-Fault Benefits Last?
After a New York City car accident, it is normal to feel overwhelmed. You may be dealing with pain, medical appointments, missed work, and insurance calls that seem designed to confuse you. One of the most urgent questions we hear is:
How long will my New York No-Fault benefits last?
New York’s No-Fault system, also called Personal Injury Protection (PIP), is designed to get medical coverage and wage benefits moving quickly without waiting for a fight over fault. In real life, insurance companies often delay, deny, underpay, or cut people off, especially when treatment continues or time out of work adds up.
Greenstein & Pittari, LLP helps injured New Yorkers across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island protect their No-Fault benefits and pursue full compensation when No-Fault is not enough.
Call 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation. We can explain your coverage, handle your insurance claim, and help you move forward.
What Are New York No-Fault (PIP) Benefits?
New York is a No-Fault insurance state. After most NYC car accidents, you typically turn to a No-Fault insurer first for certain benefits, regardless of who caused the crash.
No-Fault is designed to pay economic losses, meaning your financial losses, like medical bills and a portion of lost income. No-Fault generally does not pay for pain and suffering.
What Does NY No-Fault Insurance Cover?
Most New York auto policies include at least $50,000 in No-Fault benefits per person. Some drivers purchase additional coverage for extra protection.
Medical expenses covered by No-Fault
No-Fault may cover medically necessary accident-related care, including:
- Ambulance and emergency room treatment
- Hospital care and surgery
- Doctor visits, diagnostic imaging, and prescriptions
- Physical therapy and rehabilitation
- Nursing services, prosthetics, and related medical needs
- Dental services related to the crash
Important note: Medical providers often must submit bills quickly and within strict time windows. Insurers sometimes use late billing as a reason to dispute payment.
Lost wages and income benefits under No-Fault
If your injuries keep you out of work or reduce your hours, No-Fault typically pays:
- 80% of lost wages, up to $2,000 per month
- For up to three years from the accident date, or until the policy limit is reached
- Wage benefits may be reduced by offsets such as Workers’ Compensation, disability benefits, or federal disability benefits, depending on your situation
Some claim structures also reference a 26-week disability cap in certain situations, depending on how disability is documented and how the claim is set up.
Other reasonable and necessary expenses
No-Fault can also pay certain out-of-pocket costs related to treatment and recovery, often up to $25 per day, such as:
- Transportation or mileage to medically necessary appointments
- Household help when medically necessary
- Medical supplies and similar accident-related expenses
Death benefit
Some policies and sources state that a $2,000 death benefit is payable to the estate.
Who Is Covered by NY No-Fault Insurance in NYC?
Coverage depends on your role in the crash and which insurance policy applies:
- Driver or passenger in a car: Usually covered under the policy for the vehicle you were in
- Pedestrian or cyclist hit by a motor vehicle: Often covered under the striking vehicle’s policy
- Hit-and-run or uninsured vehicle cases: Coverage may come from your household auto policy or a household family member’s policy
- No available insurance policy: You may be able to apply through MVAIC (Motor Vehicle Accident Indemnification Corporation)
Common exclusions
No-Fault often does not cover:
- Motorcyclists (operators and passengers)
- Injuries tied to certain unlawful conduct (examples include DUI, street racing or speed contests, knowingly using a stolen vehicle, or felonious conduct)
- Certain vehicle categories may create additional issues, including ATVs, mopeds, and similar vehicles
If you are unsure whether you qualify, call Greenstein & Pittari, LLP. An early review can prevent the insurance company from using technicalities to deny benefits.
How Long Do NY No-Fault (PIP) Benefits Last After a Car Accident?
Different parts of No-Fault last for various lengths of time. Benefits are limited by time, documentation, and the overall policy limit.
How long do No-Fault wage benefits last?
No-Fault lost wage benefits can last up to three years from the date of the accident, subject to:
- The $2,000 per month cap
- The overall $50,000 policy limit unless you have additional PIP
- Ongoing medical proof that you cannot work
- Employer or self-employment verification requirements
Insurers often require updated disability documentation, sometimes as frequently as every 30 days. If paperwork lapses, insurers may use it as a reason to stop payments.
How long do No-Fault “other expenses” last?
This category is commonly described as:
- Up to $25 per day
- Often for up to one year from the accident date
- Subject to strict documentation
How long do No-Fault medical benefits last?
Medical and rehabilitation benefits are generally available up to the policy limit, typically $50,000, unless additional coverage is available.
In practice, benefits may end earlier if the insurer claims:
- Treatment is no longer reasonable and necessary
- Care is unrelated to the accident
- Paperwork is late or incomplete
- An IME is used to justify a cutoff
- The policy limit is exhausted
If your benefits are delayed or cut off, it is often the right time to involve a law firm before the gap becomes a financial crisis.
The 30-Day Deadline to File Your NY No-Fault Application (NF-2)
No-Fault claims are deadline-driven.
In most cases, you must file a written No-Fault application, often called the NF-2, within 30 days of the accident. This is a strict deadline with limited exceptions.
If you are unsure whether the NF-2 was filed correctly, or if you are already past 30 days, do not assume you are out of options. Call us immediately.
Additional Deadlines That Can Affect Your No-Fault Claim
The source material describes additional time-sensitive requirements, including:
- Medical bills: often must be submitted within 45 days of treatment
- Lost wages: commonly must be submitted within 90 days, and may require ongoing updates
These deadlines can be challenging to manage while injured. Legal guidance can help keep your claim on track.
Why the Other Driver’s Insurance Usually Does Not Pay Your Bills First
Even when the fault seems obvious, No-Fault exists so injured people can get medical care and wage benefits without having to wait for a liability fight.
Many cases involve two tracks:
- No-Fault benefits for immediate economic losses
- A personal injury claim against the at-fault driver if your injuries meet the serious injury threshold
Can I Sue the At-Fault Driver in NYC if New York Is a No-Fault State?
Yes, if your injuries qualify as a serious injury under New York law, commonly referenced as Insurance Law § 5102(d).
Serious injury categories can include:
- Fracture (broken bone)
- Significant disfigurement
- Permanent loss of use of an organ, member, function, or system
- Permanent consequential limitation or significant limitation
- Loss of a fetus
- Disability preventing usual daily activities for 90 of the first 180 days after the crash
- Death or dismemberment
If serious injury applies, you may be able to pursue compensation that No-Fault does not cover, including:
- Pain and suffering
- Lost earnings beyond No-Fault caps
- Long-term disability impacts
- Other damages are tied to the severity of your injuries
IME and EUO: Two Common Ways Insurers Try to Cut Off Benefits
What is an IME in a No-Fault case?
An Independent Medical Examination (IME) is scheduled by the insurance company and performed by a doctor chosen by the insurer. The insurer may use the IME report to argue you no longer need treatment, then issue a cutoff date for benefits.
Do not miss an IME. Failure to appear and failure to properly reschedule can lead to termination of benefits.
What is an EUO in a No-Fault case?
An Examination Under Oath (EUO) is a formal question-and-answer session required by the insurer. The insurer’s attorney may ask about:
- How the accident happened
- Your injuries and treatment
- Work limitations and other issues
Failure to appear can lead to termination of benefits. Because EUO testimony can also affect a later personal injury claim, legal representation is strongly recommended.
What If No-Fault Benefits Are Cut Off or Maxed Out?
No-Fault is not unlimited. If you reach the policy limit or benefits are terminated, you may have other options, including:
- Using private health insurance after No-Fault is exhausted or denied based on exhaustion
- Coordinating benefits to avoid gaps in treatment
- Pursuing additional coverage, such as Additional PIP
- Pursuing SUM coverage (Supplementary Uninsured/Underinsured Motorist) when applicable
- Filing a personal injury claim outside No-Fault if you meet the serious injury threshold
Why Choose Greenstein & Pittari, LLP for NYC No-Fault and Car Accident Claims?
You should not have to fight an insurance company while you are hurt and missing paychecks. Greenstein & Pittari, LLP focuses exclusively on personal injury law and helps clients protect benefits while pursuing every available path to full compensation.
- Local Harlem office for convenience and trust
- No fee unless we win your case, our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-rated, award-winning lawyers, including recognition from Best Lawyers and Super Lawyers
- Seven convenient locations across New York: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).
The call is free. The consultation is free. You do not pay us unless we are successful.
FAQ: NYC No-Fault Benefits Duration, Limits, and Deadlines
How long do No-Fault benefits last in New York?
Lost wages are generally available for up to three years from the accident date, subject to caps, documentation requirements, and policy limits. Medical benefits may continue as long as care is medically necessary and tied to the accident, up to the policy limit.
How long does No-Fault pay lost wages in NYC?
No-Fault typically pays 80% of lost wages up to $2,000 per month for up to three years, subject to proof of disability, eligibility, and the overall policy limit.
Is there a time limit on No-Fault medical coverage in New York?
There is not a simple one-year cutoff for medical care, but insurers often challenge ongoing treatment. The overall policy limit and medical necessity generally limit medical benefits.
What is the maximum amount No-Fault will pay?
Basic No-Fault coverage is commonly capped at $50,000 per person. Some policies include higher limits if additional coverage is purchased.
What expenses does No-Fault cover besides medical bills?
No-Fault may cover partial lost income and certain out-of-pocket expenses such as transportation to medical appointments and household help when medically necessary, often capped at $25 per day for qualifying expenses.
Does No-Fault cover pain and suffering?
No. Pain and suffering are generally available only through a personal injury lawsuit if you meet the serious injury threshold.
What is the deadline to file a No-Fault claim in New York?
In most cases, the NF-2 No-Fault application must be filed within 30 days of the accident.
What are the common No-Fault deadlines after filing?
The source material commonly references submitting medical bills within 45 days of treatment, proof of wage loss within 90 days, and ongoing updates as required.
Who is covered by No-Fault benefits in NYC?
Coverage commonly extends to the insured driver, passengers, and pedestrians or cyclists injured by a motor vehicle, depending on the policy and facts.
Does No-Fault in New York cover motorcyclists?
Usually no. Motorcycle operators and passengers typically are not eligible for No-Fault benefits.
What is an IME, and can it end my benefits?
An IME is an insurer-scheduled medical exam. Insurers may use it to justify cutting off medical treatment or other benefits. Missing an IME can also lead to termination.
What is an EUO, and why does it matter?
An EUO is a formal insurer proceeding under oath. Missing it can result in termination of benefits, and your testimony can impact a later lawsuit.
Can I sue the at-fault driver even though New York is a No-Fault state?
Yes, if you meet the serious injury threshold. A lawsuit can open the door to pain and suffering and additional damages not covered by PIP.
Free Consultation for NYC Car Accident and No-Fault Claims
If you were injured in a NYC car accident and you are concerned about No-Fault deadlines, benefit cutoffs, IMEs, EUOs, or policy limits, we’re here to help.
Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation.
We serve clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.