Understanding No-Fault Insurance in New York

New York no-fault insurance is mandatory auto insurance that pays certain medical expenses, lost wages, and other basic economic losses after a car accident—regardless of who caused the crash. In most cases, you file a claim with your own insurance company, not the other driver’s insurer. One of the most important deadlines is that you generally must submit your Application for No-Fault Benefits (NF-2) within 30 days of the accident. Missing that deadline can result in a denial of benefits.

Although New York’s no-fault system provides important financial protection, it does not compensate every accident victim for every loss. Understanding what is covered, what is excluded, and when you can step outside the no-fault system is essential after a serious crash.

Your case. Your future. Our priority.

What Is No-Fault Insurance in New York?

New York requires every registered passenger vehicle to carry Personal Injury Protection (PIP) coverage.

No-fault insurance is designed to:

• Pay certain accident-related expenses quickly.
• Reduce lawsuits involving minor injuries.
• Allow injured people to receive benefits without first proving who caused the collision.

Instead of waiting for liability to be determined, your own insurer generally pays eligible first-party benefits after a covered accident.

What Does No-Fault Insurance Cover?

New York’s required PIP coverage provides up to $50,000 in Basic Economic Loss per eligible injured person. Those benefits generally include:

Medical Expenses

Coverage for reasonable and necessary accident-related medical care, including:

• Emergency room treatment
• Hospital care
• Surgery
• Physician visits
• Diagnostic testing
• Physical therapy
• Prescription medications
• Rehabilitation services

Lost Wages

Eligible injured individuals may recover:

• 80% of lost earnings
• Up to $2,000 per month
• For up to three years, subject to applicable offsets and policy requirements.

Other Necessary Expenses

No-fault may also reimburse certain reasonable expenses related to your injury, such as transportation to medical appointments or household assistance, up to $25 per day for one year.

What No-Fault Insurance Does NOT Cover

Many accident victims are surprised to learn that no-fault has important limitations.

Generally, it does not cover:

• Pain and suffering
• Vehicle repairs
• Property damage
• Medical expenses exceeding your available PIP benefits
• Full wage replacement above statutory limits

For more serious injuries, a personal injury lawsuit may provide additional compensation.

Who Is Covered?

Depending on the circumstances, no-fault benefits may apply to:

• Drivers
• Passengers
• Household family members covered under the policy
• Pedestrians struck by a covered vehicle
• Certain bicyclists struck by a motor vehicle

Motorcyclists are generally treated differently under New York’s no-fault law and often are not entitled to PIP benefits under the same rules.

The 30-Day No-Fault Deadline

One of the biggest mistakes people make after a crash is waiting too long to file.

In most cases:

• You must submit the NF-2 Application for No-Fault Benefits within 30 days of the accident.
• Medical providers generally have separate deadlines for submitting bills.
• Wage-loss documentation also has its own reporting requirements.

Missing these deadlines can delay or prevent payment of benefits.

You deserve a law firm that prioritizes your recovery. Contact Hill & Moin LLP as soon as possible after a motor vehicle accident to protect your rights.

When Can You Sue the At-Fault Driver?

No-fault insurance does not prevent every lawsuit.

You may be able to pursue a personal injury claim against the at-fault driver if:

• Your injuries satisfy New York’s serious injury threshold, or
• Your economic losses exceed the statutory no-fault limits.

A successful lawsuit may allow you to recover damages that no-fault insurance does not pay, including pain and suffering and additional economic losses.

What Is the Serious Injury Threshold?

The serious injury threshold determines whether many accident victims may pursue compensation beyond no-fault benefits.

Qualifying injuries may include categories recognized under New York Insurance Law, such as:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Permanent loss or significant limitation of a body organ, member, function, or system
• Other qualifying serious injuries under current New York law.

Whether your injuries satisfy the threshold depends on the medical evidence and the law applicable to your case.

Common Mistakes After a Car Accident

Avoid these common errors:

• Missing the 30-day no-fault application deadline.
• Delaying medical treatment.
• Failing to document lost wages.
• Assuming no-fault covers pain and suffering.
• Accepting an insurance settlement before understanding the full extent of your injuries.
• Waiting too long to consult an attorney.

Prompt action helps preserve both benefits and legal options.

How Hill & Moin LLP Can Help

Navigating New York’s no-fault system can become complicated, particularly when serious injuries, denied claims, or disputes with insurance companies arise.

Hill & Moin LLP can help by:

• Explaining available no-fault benefits.
• Assisting with claim deadlines.
• Evaluating whether your injuries satisfy the serious injury threshold.
• Negotiating with insurance companies.
• Pursuing a personal injury lawsuit when appropriate.

You should not have to navigate the claims process alone.

Don’t wait—your future starts with one phone call. Hill & Moin LLP can explain your no-fault benefits and help you pursue every available source of compensation.

Frequently Asked Questions About New York No-Fault Insurance

What is no-fault insurance in New York?

New York no-fault insurance (Personal Injury Protection or PIP) pays certain medical expenses, lost wages, and other basic economic losses after a motor vehicle accident regardless of who caused the crash. Required PIP coverage generally provides up to $50,000 in Basic Economic Loss benefits.

What does New York no-fault insurance cover?

No-fault generally covers necessary medical treatment, 80% of lost wages up to the statutory monthly limit, and certain other reasonable expenses related to the accident, subject to policy limits and statutory requirements.

How long do I have to file a no-fault claim?

In most cases, you must submit your Application for No-Fault Benefits (NF-2) within 30 days after the accident. Because this deadline is strictly enforced, it is important to act promptly.

What is the serious injury threshold?

The serious injury threshold determines whether an injured person may pursue a lawsuit against the at-fault driver for damages such as pain and suffering. Whether the threshold is met depends on the nature of the injuries and applicable New York law.

Can I sue if I receive no-fault benefits?

Yes, in some cases. Receiving no-fault benefits does not automatically prevent a lawsuit. If your injuries satisfy New York’s serious injury threshold or your losses exceed the no-fault limits, you may be able to pursue additional compensation from the at-fault party.

Contact Hill & Moin LLP

New York’s no-fault insurance system is designed to provide immediate financial assistance after a motor vehicle accident, but strict deadlines and statutory requirements can affect your ability to recover benefits. Understanding your rights early can make a significant difference in both your financial recovery and your legal options.

When your health, livelihood, or family’s future is on the line, every decision matters. Contact Hill & Moin LLP today for a confidential, no-obligation consultation to discuss your no-fault insurance claim and whether you may also have a personal injury lawsuit.