How to File a Car Insurance Claim in New York State

1. Understand New York’s No-Fault Insurance System
New York is a no-fault insurance state, meaning drivers must first file injury-related claims with their own insurance company after an accident, regardless of who is at fault. This system (officially called Personal Injury Protection or PIP) covers medical expenses, lost wages (up to 80% of earnings, capped at $2,000/month), and other necessary costs. You can only sue another driver for injuries if your case meets New York’s “serious injury” threshold (e.g., significant disfigurement, bone fracture, or permanent limitations). Property damage claims (e.g., vehicle repairs) are still filed against the at-fault driver’s liability coverage. New York requires minimum liability coverage of:

• $25,000 per person/$50,000 per accident for bodily injury
• $10,000 for property damage
• $25,000/$50,000 uninsured/underinsured motorist coverage

2. Take Immediate Post-Accident Actions
Follow these steps at the scene:

• Check for injuries and call 911 for medical emergencies.
• Move vehicles to safety if possible to avoid further hazards.
• Exchange information with other drivers: name, license number, insurance details (company, policy number), and license plate number.
• Gather evidence: Take photos of vehicle damage, license plates, accident location, road conditions, and visible injuries. Note the time, date, weather, and traffic signals.
• Collect witness contact information.
• File a police report if there are injuries, deaths, or property damage exceeding $1,000. In New York, police must file a Motor Vehicle Accident Report (MV-104) within 10 days for accidents meeting these criteria.

3. Notify Your Insurance Company Promptly
New York law requires you to notify your insurer “as soon as reasonably possible” after an accident. Delaying beyond 30 days could jeopardize no-fault (PIP) benefits. Contact your insurer via:

• Phone (most common): Have your policy number, accident date/location, and details ready.
• Online portal or mobile app: Many insurers let you start claims digitally.
• Email or mail: Keep copies of all correspondence.

4. File a No-Fault Claim (PIP) with Form NF-2
To access PIP benefits, submit NYS Form NF-2 to your insurer within 30 days. This form requires:

• Policyholder and vehicle details
• Accident date, time, location, and description
• Injuries sustained and treating healthcare providers
• Lost wage information (if applicable)
  Attach supporting documents like medical bills or employer verification. Insurers must respond to PIP claims within 30 calendar days, approving or denying payments.

5. File a Property Damage Claim
For vehicle repairs:

• Choose a repair shop: You have the right to select your own facility.
• Submit estimates: Your insurer may require multiple estimates or inspect the vehicle.
• Pay your deductible: Your policy’s collision deductible applies if you’re at fault; if another driver is liable, their insurer should cover repairs without a deductible.
  If your vehicle is totaled, insurers pay the actual cash value (ACV) minus deductible. Disagreements over ACV can be escalated through third-party appraisal (detailed in your policy).

6. Navigate Third-Party Claims for At-Fault Drivers
If another driver caused the accident, you can file a third-party liability claim against their insurance for:

• Property damage beyond your own policy’s limits
• Additional injury compensation if you meet New York’s “serious injury” criteria
• Rental car reimbursement while your vehicle is repaired
  Submit evidence (e.g., police report, repair invoices) to the at-fault driver’s insurer. They may attempt to negotiate a settlement—avoid accepting early offers without assessing long-term costs like delayed injuries or diminished vehicle value.

7. Document Everything Thoroughly
Keep a record of all accident-related interactions:

• Police report (MV-104) reference number
• Medical records and bills
• Insurance claim numbers and adjuster contact details
• Repair invoices or total loss valuations
• Correspondence with insurers (letters, emails, call logs)
• Receipts for expenses (e.g., rentals, medical devices)

8. Dispute Denied or Underpaid Claims
If your insurer refuses payment or offers inadequate compensation:

• Request a written denial explanation citing your policy terms.
• Review your policy for coverage specifics.
• File a complaint with the New York State Department of Financial Services (DFS) online or at 800-342-3736.
• For disputes over damage valuations, invoke your policy’s appraisal clause, involving independent appraisers.
• Consult a New York-licensed attorney for severe injuries, denied PIP claims, or bad-faith insurer practices.

Avoid Common Mistakes When Filing in New York

• Do not admit fault at the accident scene. New York uses comparative negligence, meaning your compensation reduces by your percentage of fault.
• Never skip medical evaluation, even if injuries seem minor. Delayed treatment weakens PIP claims.
• Do not sign insurer releases prematurely: Accepting a settlement often waives future claims.
• Avoid missing deadlines: 30 days for NF-2, 2 years from the accident date for serious injury lawsuits, 3 years for property damage suits.