Auto Insurance Verified Answer 7 min read • Updated September 2026

How to file a no-fault insurance claim in New York?

Quick Answer / Executive Summary

To file a no-fault claim in New York, notify the insurer of the car you were in (or that hit you, if you were a pedestrian) and submit a completed Application for Motor Vehicle No-Fault Benefits (form NF-2) within 30 days of the crash. Then make sure your medical providers send bills within 45 days, and send proof of lost wages within 90 days. File an MV-104 accident report with the DMV within 10 days if anyone was hurt or damage exceeds $1,000. Missing these deadlines is the number one reason no-fault claims are denied.

Key Takeaways at a Glance
  • The claim goes to the insurer of the vehicle you occupied. That's usually your own, but a passenger claims on the car they were riding in, and a pedestrian claims on the car that hit them.
  • The key form is the NF-2 no-fault application. Submit it within 30 days (NY DFS Regulation 68).
  • Medical bills must reach the insurer within 45 days, and lost-wage proof within 90 days.
  • No-fault pays up to $50,000 per person in medical costs, lost earnings (up to $2,000 a month) and other expenses. See New York no-fault insurance explained.
  • Expect a possible independent medical exam (IME) or examination under oath. If benefits are denied, you can challenge the decision through no-fault arbitration or in court.

Step-by-Step: How to File a No-Fault Claim in New York

Step 1: Get medical care and report the crash (day 0). Go to the ER or urgent care and tell every provider it was a car accident. Unlike traditional tort states where you pursue the other driver's policy (see is Texas a no-fault state), New York requires filing through your own vehicle's PIP first. Call police to the scene.

Step 2: Identify the right insurer. The no-fault claim goes to the insurer of the vehicle you were in. If you were a passenger in a friend's car, that's their insurer. If you were a pedestrian, it's the insurer of the car that hit you. If you're a household relative of a policyholder, your own family policy may apply. If there's no insurance at all, a claim may go to New York's Motor Vehicle Accident Indemnification Corporation (MVAIC).

Step 3: Notify the insurer and get the claim number (day 1 to 3). Call or use the app. Ask them to send the NF-2 application if you don't have it.

Step 4: Complete and send the NF-2 (by day 30). Fill in every field: crash details, injuries, providers, employer and health insurance. Sign it, keep a copy, and send it in a way you can prove, such as certified mail or a portal upload receipt.

Step 5: File the DMV MV-104 (by day 10) if anyone was injured or property damage exceeds $1,000.

Step 6: Make sure medical bills go in (by day 45). Providers usually bill the no-fault insurer directly. Give them your claim number and the insurer's address, and confirm they've billed.

Step 7: Submit lost-wage proof (by day 90). Your employer completes a wage verification form (NF-6), and you provide a disability note from your doctor. Self-employed people need tax returns.

Step 8: Attend any IME or examination under oath. Missing these without a good reason can end your benefits.
The 30-Day Deadline Is Unforgiving

New York insurers can deny a no-fault claim that arrives after 30 days unless you give reasonable written justification for the delay, such as hospitalisation. Don't wait to 'see how you feel'. File within a week, even if your injuries seem minor.

What the No-Fault Claim Will Pay

Under NY Insurance Law §5102, no-fault pays 'basic economic loss' up to $50,000 per person:

• Medical and rehab costs, at New York fee-schedule rates. Providers can't bill you the difference.
• Lost earnings, generally 80% of wages, capped at $2,000 a month for up to 3 years.
• Other reasonable expenses up to $25 a day for up to 1 year, such as household help or travel to appointments.

Car repairs aren't part of a no-fault claim. They are resolved under traditional fault principles — identical to claim handling in Georgia and Colorado — through the at-fault driver's insurer or your own collision coverage. For how PIP works nationwide, see personal injury protection.

What If Your No-Fault Claim Is Denied?

Common denial reasons include a late NF-2, missed IMEs, 'lack of medical necessity' after an IME, and fee-schedule disputes. Your options:

1. Ask for the denial in writing (the insurer uses a standard denial form) and read the reason carefully.
2. Have your provider submit additional medical documentation supporting the treatment.
3. File for no-fault arbitration, New York's dedicated dispute process, or sue in court.
4. Get legal help. Many New York no-fault attorneys handle these disputes. See when to hire an insurance lawyer and how much does an insurance lawyer cost.

Delays are also regulated. Insurers must generally pay or deny within 30 days of receiving proof of claim, with interest owed on overdue payments. If yours is stalling, read can I sue my insurance company for taking too long.
Beyond No-Fault: Suing the At-Fault Driver

If your injury meets New York's 'serious injury' tort threshold (a fracture, significant disfigurement, permanent limitation or the 90/180-day rule), you can also sue the at-fault driver for pain and suffering and for losses above $50,000. The no-fault claim and the injury lawsuit run side by side, operating much like the fault-based claims evaluated in our no-fault vs at-fault car insurance states guide.

Common Mistakes That Sink New York No-Fault Claims

• Waiting weeks to file the NF-2
• Not telling providers it was a car accident, so they bill health insurance instead
• Skipping an IME or not bringing ID and records
• Giving an inconsistent account of the crash
• Assuming no-fault covers car repairs
• Missing the 90-day window for lost wages

Sources & Official References

Real-Life Case Incident & Precedent
Precedent: NY Insurance Law §5102 (basic economic loss; serious injury); 11 NYCRR 65 (Regulation 68) claim deadlines

Illustrative Case: Arjun's Queens Rideshare Crash

Scenario: Arjun was a passenger in a rideshare car that was sideswiped in Queens. He felt fine that night, but by day 5 he had severe neck and back pain and started physical therapy. His therapy costs were projected at $12,000, and he missed six weeks of work as a warehouse supervisor earning $5,200 a month.

Resolution & Judicial Outcome: Because he was a passenger, Arjun filed on the insurer covering the rideshare vehicle. He sent the NF-2 on day 9 by certified mail and gave his providers the claim number, and his employer submitted the NF-6 on day 40. No-fault paid his therapy at fee-schedule rates and paid lost wages at the $2,000-a-month cap, about $3,000 for six weeks, which was less than his actual loss. Because his MRI later showed a herniated disc with significant limitation, his lawyer pursued a serious-injury claim against the at-fault driver for the excess wage loss and pain and suffering.

What You Should Do: Step-by-Step Action Plan

1 Get medical care and tell every provider it's a motor vehicle accident.
2 Identify the right insurer: the car you were in, or the car that hit you as a pedestrian.
3 Submit the NF-2 within 30 days, ideally within 7, with proof of delivery.
4 Confirm providers bill within 45 days, and send lost-wage proof (NF-6) within 90 days.
5 Attend every IME, keep copies of everything, and get legal advice if benefits are denied.

Critical Mistakes to Avoid

  • Filing the NF-2 late, which is the most common reason for denial.
  • Letting providers bill your health insurance instead of no-fault.
  • Missing an IME appointment.
  • Expecting no-fault to pay for car damage.

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